Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27
surrnrOn couHE.
Tn. special Jury Trial List Gone Over sud
Dates FIXED.

Inc case oil lnhrieH CarlwHll
va. the Wilmington City Railway Co,
was fixed for Friday. May 2Sth; John
G. Sauter vs.. tho Wilmington City
Railway Co., June 9TH; benjamin \.
| Hopkins vs. Mayor and Council of Will
mington, } nne 18th; John McNally va.
Delaware Iron Co., Junv 10th; Theresa
Boeck va. r., W. ~ L. Railroad Co,
june LIST; w. d. Carswsll VS.. tho Mayor
and Council OF Wilmington, May 3lst;
Henry Walker vs.. Belts Machine Co.,
June Sd.
The cases OF Patrick Kennedy VS..
Wilmington City Railway Co., was
continued until the noxt term ON appli.
cation of counsel for defenca owing to
the i!lness OF material witness.
The trial of the case of Benjamin G.
Rarclay vs.. John C. Hartmann was
begun in court IN Monday morning.
| barclay neeks to recover S., 600 damages
from Hartmann for injuries alleged TO
| have heer inflicted by the latter's dog,
on October 2ist. 1907.
W. s. hilles represented Barclay and
James W. Ponder and Willard Saula
| bury appeared for Mr.. Hartmann. Tho
latter waa In court, accompanied by L.. ,
big mustiff over which tho suit is
brought The animal lay quietly
doing at it's masters feet, the move
meDt of the attorneys about him not
disturbing him in the least. The big
| animal seemed TO realize his Importance
| in the case, however, and occasionally
wouln walg about among tho attorneys
and jurors, looking inquiriugly in their
faces
A jury was drawn to try the case and
Mr.. llilles opened the case TO the Jury.
lie followed this by calling Police
Captain Chanhers to the stand. who
produced the dug registration book for
1904. by this it was proved that the
dog belonged to Mr., Hartmann.
Benjamin q. Barclay. tho plaintiff
10 the suit, next took the stand. He
described the attack of the dog and
the nature of the wound Inflicted. lie
\ was going to work at Mr.. Hartmann g
house, Tenth ana Franklin streets. anu
as he was crossing the street the dog
attacked him. The wound caused him
much trouble and he lost considerable
| time on account ut ii.
Several other witnesses testified to
the vicious nature OF the animal and
the case was still on when court took
Its noon recess.
The bearing was resumed at the
| afternoon session.
John L. Wood, James r. Wood and
William Palmer, who employed Barclay
after no had been bitten, testified that
he could not use his hand properly aud
frequently list time on account OF the
pain in his hand.
William Ainscow. who often delivered
kitchen supplies at Bartmaun's house.
testified that the dog was vicious one
and often ran at him. but never bit
him.
The plaintiffs case here rested and
Mr.. Ponder for the defence moved for
q non.suit on the ground that notice oil
the viciousnssB OF the dog had never
been brought home to the master. The
moIion was denied.
Mr.. Salisbury then opened the case
for tho defence and said he would
prove that the dog was not vicious and
that Barclay was playing with the dog
when it bit him.
Mrs. Jennie Cook, who was a servant
at Hartmann's al tho time OF the biting,
testified that she saw Barclay playing
with the dog and saw tho animal jump
at the man, but did not see it bite him.
John 6. Hartmann, the owner OF the
dog, teetified that he mover heard OF
thu dog attacking anyone, and that
when Barclay told him the animal had
hitten him, he offered to kill it, but
barclay told him not to kill the dog,
az the wound was not serious. Hart.
mann paid Barclays doctor bills.
Dr. II. P. Ewes and Fred G. Nam.
meie both testified to the good charac.
ter OF the dog.
The defence had closed its case, bui
Tuesday morning Benjamin G.. Bar
l ~ nY,ln t.,I Il..sl 1. M
llilles, 10 deny that he was playing
with the dog when he was bitten, as
testified to by Mrs. Cook.
Both sides then rested and the
prayers were presented TO the court.
Mr.. iiilles then went to the jury and
occupied about 10 minutes in making
his opening address. lie was followed
in turn by Mr.. Ponder and Mr., Sauls-
bury for the defendant, after which
MIR. HiIles closed the argument. Judge
Cullen charged the jurymen, who re,
tired at Il. ID O'Clock.
They had not reached an agreement
at ] O'Clock and court took recess
until 2.ao.
During the morning the case oil
Charies Caldwell VS.. the Wilmington
City Railway Go. was reported settled,
also the case of John G. Sauter VS.. the
Wilmington City Railway Co. A jury
of inquisition was drawn to try thu
case Of the National Bank Of phiadeI
phia rs. the Sussex Land and Title Co.
and the case will DO tried on Friday.
The jury in tho Barclay Hartman
case had not reached u verdict at II
o'clock yesterday morning.
Court reassembled at that hour and
after receiving tho return OF the com.
missioner in the divorce suit. of George
/ Il. Hilyard We. Jessie liilyard, took Q
ro:esa until 80 O'CLOCK. the com
missioner in the divorce case recon.
mended granting the petition.
Tho jurors did not seem to mind
their confinement in the least. Some
had papers with them when the,
entered the Jury room and every limo il
these was read by the jurors in theil
efforts TO pass away the time. Others
who were fortunate enough to have q
SIMPLY of cigars on hand snioyed 9
quiet smoke. The greater part of the
morning some of the jurors sat percheG
on the wide coping just below the win
dow of the Jury room and were gazet
at with curiosity by passers by, many
of whom did not understand that The
men we're locked up.