Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-04
EDWARD BRAND is GUILTY


lie outlined the line OF defence.
he would follow and then called Josiah
Cook, yard foreman at the works, who
described the rules given the gateman
IN regard to warning people working in
the cars when any shifting Is to DO
done. The gateman, he said, always
ran up the yard crying; Look out for
the shiftsr on track a, B or .. y as the
case might require. lie said this was
standing rule Of tho company.
Philip S. 0hoormann testified that
he tended the Twelfth street gate at
the time OF the accident, hut was dis.
charged ehout month later. He stated
that on the day of the accident he
opened the gate for the shifter and tho
ran down the yard between the two
tracks shouting in loud voice : Look
out for the shifter on track b. !" lie
went to the rear OF the car huray and
waited there with chock to prevent
the car from going into the pit. He
said he called out in a voice loud
enough to befheard in the cars, He did
not hear any one at work in the car.
AT the conclusion Of Mr.. Chnor-
mann's testimony adjournment was
made until Saturday morning.
When court opened on Saturday
mor1ing George Znp'ey was called TO
the stand and was followed by Philip
5. Choormann, General Foreman John
Bulge, John NJ. Cannon, Frank j.
Brobst, Thurstun Lowe, John Duncan
and John j. llarkins. The bulk of the
evidence was in regard to the notice
the plaintiff had of bis danger.
AT IL o'clock Mr.. Vandegrft an
nouncsd that he had examined all his
witnesses out two and as these were
sick he asked that the case be con-
tinued until Monday.
The rules to set aside sheritf's sales
we're Withdrawn and the sales confirmed
10 the Gases Of Ferguson vs. Oldham
and New Custle County Mutual Insnr-
ance Co. vs. Keenan,, on the apnlica-
tion OF counsel.
Court then adjourned until Monday at
10 o'clock.
Court has made new rules governing
cases in which non-suits have been
granted. 1t provides that in the future
u person who has besn non suited can
move for cause TO show why non-suit
should not be granted. The object Of
| the new rule of the court is tn allow it
| to renew its own decision. Heretofore
WHEN a case was non suited it has been
when but little law or testimony has
been heard. by this rule the counsel
on both sides will be able to fully OK
anime the law and prepare lengthy
argument embracing all the points u
| law.
The damage case OF Robert Rex
against the Pullman's Palace Car Co.
occupied the entire morning session ol
superior court Monday morning. When
court opened Hervey Walker, one Of
tho jurors, was reported sick and
counsel on both sides agreed to con
tinuo the case with IL jurors.
The defence closed its case with tho
evidences of William S. Evans and iart
Foreman Josiah Cook.
Ia rebuttal W. S. Hilles callec
Robert Rex, the plaintiff, Charles
Rex, August Ferschke, Charles G.
Ischan and NJ. Adumuvitcb.
Both Rides then rested and MIR. Hille
began the presentation OF his pleas t,
tho court. lilo occupied the attention
OF the court until the noon recess.
The afternoon session was occupied
in hearing the reading Of inv in sup
port OF prayers Of counsel in the damag
suit of Robert Rex ys. tho Pullman
Palace Car %. The jury was EXCUSE,
until this morning. when court me
at 8 o'clock and e. G. Bradford resume,
leaaing authorities in support o
prayers OF the defendant company
Juror Henry Walker is still i'll an I'm
abb. TO attend his duties.
When county court reconvened at 9. 3
o'clock Tuesday afternoon Josiah Mar
vel, counsel for Edward Brand, an
nounee that he would not make hi
motion for new trial for the convicte
man and also that he desired to enter
plea of guilty for j. Il. Farley, Edwar
CLARK, NJ. 4. Conway, M. A. Carroll
Il. +. Martin and james L. Drane t
the second count of the Indictment
against them.
This was satisfactory to the attorney
general and tho plea was accepted
the court.
+ Chief Justice Lore then pronounce
| the sentence of the court, imposing
fine OF SloD and the costs Of the prost
! cution I'm zach OF the men.
lilo referred to the recommendation {
mercy and said tho court had col
} sidered this in deciding on tho sol
; tepce. The crime was criminal ont
, although not go classified on tt
statute. The court, as this was the fir
Offences, would not impose the fu
penalty of the law. but il the men evl
Q come before the bench on smili
i charge no mercy will be shown then
/ Edward brand was addressed sepa
4 ately by Chief Justice Lore, who sal
that he had learned thatsBrand bore q
U excellent reputation and he WAS su
prised to find him charged with sue
a crime.
| 4, Nj