Evening journal., 1897-03-04
REX JURY'S TROUBLE.
Locked Up Since Early To-
day, But No Verdict.
PIERCE SUES THE CITY FOR $4,000
TEAMsTER DEMANDS A BIG SUM
FOR BEING UPSET OUT OF HIS
WAGON--H. G. KNOWLES De
FENDS THE CITY.

FENDS THE CITY.
Superior Court Is now engaged in the
special jury trial OF George W. Pierce
against the Mayor and Council of VIII
mington for damages for personal in
Juiies and injuries 10 personal prop
erty.
On March 10. 1895. Mr.. Pierce was
driving two-hOrse team out Lincoln
street to Delaware avenue he having
gene 70 the house of Matthew Gibbons
to haul some goods. The wagon went
into number Of holes in the street. At
Sixteenth and Scott streets the accident
occurred for which Mr.. Pierce is now
coming on the city for damages
At that point there was a washout,
and near IL a number Of curb-stones.
Between the washout and curb-stones
there was a space large enough for a
wagon to 90 through. The hole was
two feet deep and three feet wide As
Pierce drove along, the wheels slipped
into the hole and the wagon upset. He
was thrown over the wheels and his
back was hurt. For four weeks he was
confined to the house, and still suffers
pain, and cannot lift anything. His
wagon was also damaged.
MIR. KNOWLES FOR THE CITY.
Horace G. Knowles, the law partner
Of City Solicitor Harman, appeared for
the city in the Pierce damage case. and
began a vigorous cross-examination of
witnesses. Mr.. Harman Is detained in
Florida, and win not get home In time
to take any part in this case. Pierce
sues for $4,000.
This morning Edward o. Thompson,
a huckster, who was I'm Pierce's wagon
when it upset. testified to the accident,
and that when he felt the wagon slip
ping he jumped out in time to save
himself. Pierce had fallen between the
wagon and single-tree. Upon cross-ex-
animation Thompson admitted that the
other holes in the thoroughfare were
not more than six inches deep each.
REX's JURY RETIRES.
Robert Rex's now celebrated damage
suit against Pullmans Palace Car Com.
pany came to an end to-day after oc.
cupying a week in Superior Court. Tn,
special jury of eleven men were not al
in the box at 10 o'clock, and Chief JUS
tice Lore did not begin his charge tC
the jury until 1920 o'clock.
There was a full attendance of at
torneys of the New Castle bar to heal
the courts charge to the jury. Harlan
Mccullough, representing Alexander 4
/, Wells, of New York. Eastern attorney
Of George NJ. Pullman. sat besid
Messrs. Bradford and Vandegrift ant
heard the courts charge with mucl
b satisfaction.
= The charge was favorable to the de
S fendant. and was 10 the effect that tn
/ presumption Of law was that If Re
= knew the rules. written and oral. of tn
y company. the latter was not liable q
p he assumed the risk OF fellow-ser
p wants negligence when he entered tn
e c0mpany's employ, understanding tn
a rules as he did. The master, in tina
case. could not give direct warning, bu
must intIust IL to some other human
will. If this fellow-servant failed 4
s warn Rex, the latter has suffered fron
> a risk he assumed in entering the com
T. pany's employ.
: BAD DAY AND BAD STREET.
2 a number Of witnesses were callc
c by the plaintiffs attorney, Peter
a Cooper. Jr.. TO prove a bad condition O
E Sixteenth street, where rains had lef
washouts and had made the unpave
streets sticky and muddy. On cross
examination several witnesses admit
j. ted that the day Of Pierce's acciden
{ was just such a day as yesterday, ciea
E a while. then stormy.
I, REX JURY REMAINS OUT.
e The Rex special jury is evidently haV
s ing just as hard time TO agree as d
e the men Of the regular panel, althoug
l. there are only eleven OF them. Tn
n jury was still out at 2 o'clock.