Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-07

[ ~ ~ 'p.iin VI tub uHmag6 case OF
Luther W. Ewing and bis wife, Sidney
~ Ewing, against the city was begun
10 superior court Monday morning. They
ask for s15. 600 for injurics received BY
stopping into broken gutter plate on
Ninth street between Shipey and
Orange on the night OF October 10Th,
1894, The following names we're drawn
by Prothonotary Woolley as Jurors
Samuel A. Collins, Stephen b. King,
Thomas Riley, Thomas Lavender,
George W. Vandyke, Clayton M.
Riley. Francis Pagan, William B.
Supple, Samuel Il Holmes. Joseph
PickeIs, John II. Peoples, George b.
Conahay, James L.. Collins, Thomas
Clayton NJ. Riley was excused from
serving owing 10 death In his
William B. Supple was ruled out
from serving on the ground that be is
Q resident OF the, city and was there
fore personally Interested.
Councilman Frank Pagan Of New
Castle, who Ia said to have held out
for the CITY in the former trial, Was
challenged by W. s. Hillss for the de-
fence.
Mr.. Elliott for the city asked that
all the jurors who had served on the
case at the previous trial be excused
from serving on the ground that they
could not agree at that time. Mr..
Hilles opposed this motion on the
ground that they had not reached and
bad not rendered an opinion and also
on the ground that the defence should
have raised elections when the names
were called. Court retired to consider
the matter and decided that the Oh
jection came too late.
Charles Greer was then drawn In
place of Frank Pagan. The others
called were Lemuel b. Lee. William
.. Johnston, J. B. Veasey, James M.
Gross aud William B. Houston.
y, a. Peoples was challenged by the
plaintiff and Thomas Lavender, Samuel
Holmes and William b. Houston by
the city.
After the jury had been completed
Mr.. Chandler stated his case to the
Jury and called w. B. Carswell to the
stand; who exhibited plot OF the
sidewalk.
Mrs. Ewing was called to the stand
and related the. circumstances attend
ing the accident and her treatment Of
her injury since.
She was ss-examined by Mr..
Knowles, and was still undergoing
cross-eSamination when court ad
journed until 2.30 o'clock.
In court on Monday Commissioner
W, H.. Porter made a return in the
divorce case of Forrest Mount Va.
Mary Mount. No disposition was
ordered.
The certificate Of T. +. Bayard, Jr.,
as member OF the Nav Castle county
bar, which had already been signed by
Judge Wales in the United States
court, was signed by Chief Justice
Lore.
The afternoons session was occupied
entirely by the Ewing case. When
court opened Mrs. Ewing took the
stand and was cross. examined by II.
@. Knowles. She was followed by Mrs.
Dora Shultz, who was with her at the
time the accident occurred. Mrs.
I. Shultz corroborated the testimony
given by the plaintiff.
Mrs. Ida Bennett and g. W. Leitch
testified to Mrs. Ewing'a physical con-
dition since the accident. and Drs. p.
W, Tomlinson, Henry Patterson and
janice II. Morgan gave testimony as to
the condition and treatment of Mrs.
Ewing's ankle since the accident.
Luther w. Ewing, the husband of the
plaintiff, testified that the effects of
tbs injury have been very severe on
his wife's nervous system, and that he
is ofton awakened during the night by
her nervous twitching. He said that
this condition was unknown before the
accident, $500.
William j. Hall of No. 9O2 Orange
street, testified to the bad condition
OF the gutter previous to the accident.
ABB. Clements said he once had his
foot caught in the gutter and had
several times seen the plates separated.
When court convened on Tuesday
Philip Q. Churchman, counsel tor the
Norfolk Timber Co., 10 the suit against
William Simmons, was granted con-
tinuance until the February term with
general leave to amend. This was the
result of new facts of defence presented
by Col. Benjamin Nields OF counsel for
Mr.. Simmons at yesterdays session.
There WAS some Misunderstanding in
regard to the case OF Veal Vs. Gail.
Before the holiday adjournment tho
counsel in the case had agreed to
present a cass stated in order that
question in regard to the constitute
tionality OF law passed by the last
session OF ,the Legislature might be
brought before the court of errors and
appeals. Yesterday, however, q. W.
Smith, counsel for Gail, announced
his withdrawal from the case and
Walter Bacon was substituted. con-
tinuance was granted this morning
until Messrs. Smith, Bacon and Lii
.burne Chandler could reach an under
standing regard to the matter.
a Jury OF inquisition was drawn to
hear the case of John j. Mullin, who,
through his counsel, Liburne Chand-
Ter, asked for Judgment of 1915
against George Fenton. About nine
years ago Fentou married Mullins
sister, but FIVE years ago they separated
and since that time the wife has lived
with her brother, when she was unable
to earn a living for herself, Some time
ago Fenton's father died in England.
leaving some property in this city to
his son, against whom the judgment is
asked. The court instructed the jury
to award the amount claim ed.
The Ewing damage case was taken up
and Bailiff Amos @. Briuton was called
TO the stand. lie testified to the con-
dition of the gutter previous to. the
accident. William 7. johnson, Phil
emma Chandler and James Saunders
were also called to testify upon this
point
DR.. James Morgan was again called
and gave his opinion as to Mrs.
n