Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-16


is alleged to have sustained permanent
injuries. She is represented by Messrs.
Harman and Knowles. Willard Sauls.
bury represents the defendant. The
following jury was drawn: Frank b.
Watkins. Lewis II. Lyman, Thomas
Maloney, Joseph p Chandler, Harry
L. Dayett, Thomas Il. Davidson,
Patrick McGrory, William F. Griffith,
Elias N. Moore, William Lockerman,
Clarence L. Pool and Harry Ellison.
They were discharged until this morn
ing at 10 o'clock when the trial of the
case is to begin.
Tho damage case of John W. Sewell
va. the Wilmington City Railway Co.
is to come up uext Moniay.
Upon tho application of Anthony
Higgins the case Of Creswell vs. the
Wilmington & Northern Railway Co.
was continued until next term.
In court Tuesday morning the
Louth damage case went to jury, and
tie bread case Of John B. Taylor vs.
th, Trustees OF the Poor resulted in a
nor-suit on account of teehnicality.
TIE New Castle damage suit Of Lewis
and Ellen Louth VS.. John Thompson,
in which John II. Rodney represented
the Plaintiffs and Alexander b. Cooper,
the defendant, went to the jury on the
charge of Chief Justice Lore. The
Chief Justice entered into the counter
claims II negligence and contributory
negligence and explained the law with
regard to sidewalks and obstructions.
Thompson had a right to open his
cellar doors and to keep them open go
as to meet the reasonable convenfenceH
and necessities of his business, but he
had no right 10 leave them open ana
exposed while they were not 30 in use,
without proper protection and warming
TO persons travelling on the sidewalk.
In dealing With the question of the
negligence of tie wife plaintiff, gou
should properly consider her knowledge
of, or familiarity with the place ofethe
accident, the lights and it's surround
ings on that night. The ease or diff
Guilty OF seeing the open door, whether
it was in the shadow or in the light;
the warning or notice, whatever it may
have been, to her stepping first upon
the closed door before she fell. and any
and every circumstance that the evi
dence gives you bearing upon the point,
whether at the time she fell she was
negligent. or was exercising such
reasonable care as an ordinarily prudent
| circumstances.
"Sbould our verdict be for the plain
tiifs the measure OF damages will he
such reasonable sum as will uompun-
safe the plaintiffs, for tho injuries of
the wife, and for her pain and suffering
10 the past, and such as may come in
the future resulting from the accident,
and for such permanent injuries as from
all the evidence the jury may believe
she has sustained by the accident.
The Jury retired about 10. 40 o'clock.
Then began tine case of John b. Tay-
lor vs.. the Trustees OF the Poor of New
Castle county. 1t proved to be an in
teresting case in severnl ways. Howell
S. England represented Taylor, and
Edwin r. Cochran, Jr., the trustees.
| Of the latter there were in court Chair
man Harry Salmous, Conrad kellar,
Thomas Wedin, Theodore Armstrong
and Lewis 4. Dickey and Superiu-
tendent David Mccoy. Mr. Taylor
wanted 81, 600 damages on the grountl
that after he had received the contract
to supply bread to the ulmshouse for
the quarter ending January 9th, 1887,
he wac prevented from filling the con-
tract. A special plea on behalf OF the
trustees was that tender OF $50. 81,
for bread, and s10T. 6l for costs, had
been made to the plaintiff. A jury was
drawn with j. a. Cranston as foreman.
Robert Armstrong, John G. Green,
Frank B. Ewing and Robert ID. Morrow
we're challenged. In order to make up
the jury panel, talesmen were sum
moned from the spectators in the court
room by Sheriff Finn. Deputy Coro-
ncr Chandler, Trustee of the Poor
iJickey ex.Trustee Michael Newell were
all excused from serving. The tales
men who finally sat on tho Jury were
Isaac Pyle. Charles Anderson, John l..
Donahoe and John Il. Campbell.
In opening his case. Mr.. England told
the jury that it was his firsr time be-
fore a jury in a cause. Aftor relating
prove Mr.. England called the plaintiff
to the stand. Mr.. Taylor testified that
he had been 40 years in the bread busi-
ness. When Mr.. England endeayored
to show by him that animus existed
against him among the trustees, the
court held that evidence must first be
introduced an TO tho contract and that
the best evidence of that was the paper
containing his bid, Mr.. England did
not POSSESSES that, aud be thereupon
served formal notice in writing on Mr..
Cochran to produce the boards bookH.
The court ruled that tho notice was NOT
sufficient, not giving reasonable time,
and MIR. Cochran insisted that the ease
20 on. Mr.. England asked that a
juror be withdrawn, which would have
allowed pnstponement, but Mr.. Coch-
ran objected, and the court refused the
motion. Mr.. Cochran asked Il 0 court
TO instruct the jury to render verdict
for the defendant, but the court granted
Mr. England's request for non-suit.
The numerous loavus of goud-lookiue
bread which had been placed on the
table in front OF tho Jurors and promised
TO figure in the case. were taken away,
and tha case must begin all over again.
Richard Tiufney came before the
General Sessions Court and agreed tc
live with his wife and support her, and
was allowed to enter his own bono
that he would do SO, Fer failure tc
secure $500 security TO pledge his pay
ment Of SS month to her ha had spent
a week or SO in Jail. Tuesdays actor
was taken at the request of the wife.
At 12. 10 o'clock the New Castle
damage case jury had not reached {
verdict and court took recess unit
3. 30 o'clock.
The case of Frances Hughes vs. thu
Diamond State Match Go. was reported
discontinued.
Further court proceedings on hfth pagc.l
Cove Casson Instantly Killed.
Special Correspondence Of Gazette and journal
Dover, Dec. l4.-While driving from
Smyrna to Leipsic, yesterday, Gov