Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-11
srpnnIon GO oar.
Robert Rex wias Ills suit Against pull
man Car Co.--other Cases.

was drawn to try the case OF George
Pierce Va. the Mayor and Council OF
the city Of Wilmington. The plaintiff
q represented by fatcr L. Cooper and
II. q. Knowles, assisted by B. p. Pic.
Is defending the caae for the city. Mr..
Pierce seeks to recover $40. 900 damages
for physical injuries and damages sus-
ainod to his wagon, which was over
turned by falling iuto hole in Six.
teonth street near Scott IN September,
1896.
W. Il. Carswel submitted plan of
the streets and described it to the jury.
is was followed by tho plaintiff, who
described the accident. Court adj
iuurned at O'Clock.
When court reconvened 90 Thursday
Chief Justice Lore charged the jury In
the Req case and the jury retired.
Tho Pierce damage suit was then re-
sumed and e. 0. Thompson was called
to the stand. He was on the wagon
when it upset. He told the circum-
stances leading up to the accident
James Gibney, James MCKINLEY, Mrs.
MarthaJ. Campbell. Joseph Campbell,
Dr. Garrett S. Smith, Mary Cathcart,
Mrs. Dickerson, Arthur Pierce, W. Ii.
Thompson were called to testify to the
accident and the condition OF the
street previous thereto.
Having reached the limit allowed By
court for this line Of testimony Mr.
Cooper desired recess which was
granted in order 10 have the doctors
in the case present.
When court reassemhled word was sont
to tho judges that tho jury in the case
of Robert Reg Va. the plllman's Palace
Car Go. had agreed ON a verdict.
L. O. Vanderbilt and q. Bradford,
counsel for the defendant and Il.
Bayard Heisel and W. s. Hilles, coun-
sci for plaintiff, were sent for md
arrived and the jury was brought into
the court room and pollsd by Pro-
thontary Woolley. Foreman j. Atwood
Weldin announced the verdict of the
jury, whirh was SIS, 900 for the plain
tiff, nnd after each member had hoen
questioned and answered in the aiiirma-
tive. counsel for tho defendant an.
nouuced that they would file reasons
for new trial.
After the exuitoment caused by the
return Of the Rex jury bad subsidized
the damage case sof George Pierce va
the Mayor and Council Of Wilmington
was resumed.
DIR. j. II. Smith testified regarding
Pierce's injuries. They consisted OF a
sprained back and sore shin. Ia his
opinion tho injury 10 the back il in.
durable. The wound on tho shin he
| thought is incurable, us II is likely to
break out in running sore. Counsel
for plaintiff rcsted with this testimony.
Horace q. Knowles asked for non
suit on the ground Of coutributory
negligence ON the part Of the plaintiff.
he motion was denied and the do.
fondant'9 case was opened.
Samuel Chambers. Street and Sewer
Director, was the first witness and told
of tho condition OF the street where the
uccldent occurred.
William Stout George Cochran and
william Nichols also testified regarding
thu circumstances OF the accident.
The hearing Of evidence in tho case
of Gcorge Pierce VS.. the Mayor aud
Council of Wilmington was concluded
ut iris mornings session, and at IL
o'clock argument was begun by Potter
l.. Cooper. attorney for the plaintiff.
Tho first Witness called at the open.
ing OF the morning session was William
Nichols, who testified regarding the
conditiun of the street where tho
accident happened. He helped to re-
move the goods on pierce's wagon
aftor 1t had been upset. As far as no
could 500 tho street was in good,
passablo condition.
james Riley, who lived within four
doors OF thu corner whore tho accident
happenea, testified that he arrived
shortly after tho accident happened.
Pierce did not act "a IL he was injured,
no said, but helped to take the goods
off the wagon and afterwards helped to
right the wagon. Pierce afterwards came
to him to ask him to testify in his
(Pierce'sl behalf.
The defence rnsted with tho test
moDy of Director Samuel Chembers @:
the Street and Sewer Department.
Mr.. Cooper called II. O. Thompson
and the plaintiff In rebuttal, ana
the evidence closed. Mr.. Cooper pre-
sented his prayers, hut II. q. Knowles,
who represented the city, was given
until the afternoon session to file his
prayers as, owing to the fact that
several OF his books were 10 the pos,
session OF Mr.. Cooper, he had been
unable to prepare his papers,
Mr.. Cooper made his opening argu.
ment to the Jury.
When court roconvened ono OF the
Jurors In the case of George Pierce vs..
the Mayor and Council OF Wilmington
was absent, but the attorneys agreed tc
continue the. case with IL men.
ii. G. Knowles for the city. submitted
his pleas in tho case and then made
his argument to the Jury. He con
sumed about one hour and DEPUTY
Attorney General Il. L. Cooper CLOSED
for the plaintiff in 35 minute address
to the Jury. When Mr.. Cooper finished
il was too late to charge tho jury and
recess was taken until 10. 80 Saturdu,
morning.
Judge Marvel charged the jury i'm
mediately alter the opening of courr
Saturday morning and at 10. ID o'cloci
the jury retired.
Hugh Wallace. tho election inspector
of the Fifth district of the Second
ward, who was indicted for permitting
alterations OF his election return, ap
peared in court and pleaded guilty.
He was fined 800 and the costs.
Lilburne Chandler appeared to argue
for a rule for the production of certain
papers in the cnse OF Travis vs.. Mere
dith. NJ. II. CahOon sad J. Frank
Biggs declared for the defence that the
paper was not in their possession. This
case was adjourned until next Saturda,
to give tho defendant opportunity Il
prove this by Witness.
l.. q. Vandegrift. representing the
Frazer & Chalmers Co. OF Chicago an
peared, and asked for Judgment agains,