Evening journal., 1897-01-04

THAT IT HAD NO KNOWLEDGE
OF THESE JURORS EVER HAV-
ING PASSED UPON THIS CASE.
Chief Justice Lore and Judge Cullen
reconvened Superior Court at 10 O'Clock
this morning. There was considerable
routine business to be disposed of and
after this William S. Hiles moved that
the Ewing damage case against the
city be Immediately taken up for a
new trial.
OLD JURORS ALLOWED TO SIT
At 1890 o'clock the court decided to
take up the Ewing damage case against
the city. Luther w. Ewing and Mrs.
Sidney T.. Ewing, his wife, were pres
ent and represented by Lilburne Chand-
Ter and William S. Hilles. For the
Mayor and Council of Wilmington.
Lawyers Horace G. Knowles and
George A. Elliott appeared, ready to
fight hard for the city's interests.
Immediately upon the calling Of
twelve men to fill the Jurors chairs,
Councilman Pagan, of New Castle, was
challenged by the plaintiff, and the list
was then handed over to the citys at
tOrneys. Ex-City Solicitor Elliott
called the courts attention to the fact
that Thomas Riley and others had been
called as jurors when they had already
passed upon the case as jurors in the
first trial. He hoped the court would
realize how unfair this was, when men
had already set their minds upon a cer-
tain decision in this case, practically
the same case.
This brought out a long argument in
which Mr. Hilles took an aggressive
stand for the jurors. (This is the case
in which the jury before was said to
stand eleven to one for the plaintiff }
He argued that the Legislature of this
state had made no provision TO pre-
clude jurors who had not passed upon
a civil case.
Judge Cullen stated that it was a
novel question because the first case
had been a mistrial and the jury had
not passed upon the case because they
had disagreed. II could, therefore, only
be assumed that their minds had been
made up.
Mr.. Knowles contended that it was
entirely in the discretion of the court
TO disqualify the jurors who had been
concerned in the mistrial alluded to-
Chief Justice Lore and Judge Cullen
retired to decide upon allowing the
former jurors to sit in this case. They
decided that defence had interposed OBJ
lection too late, as the jurors had taken
their seats in the box Their only re-
dress was to exercise the right of chal'
lenge so far as they could.
Jurors William II. Houston, Samue
e. Holmes and Thomas Cavender were
thereupon called from the box by the
defence, making up the three peremp
/ tory challenges allotted the defence
Plaintiff challenged Jurors Francis Fa
gan and John H. Peoples.
The jury, as finally sworn, was a!
follows: Samuel A. Collins, foreman
Ethan B. King, Thomas Riley William
B. Johnson, George w. Vandyke, Lem
uel B. Lee, James NJ Gross, JOSEPH
Higgins, j. T. Veasey, George McCona
| ghy, James L. Collins, Thomas r
Boyer.
THE NEW TRIAL BEGINS.
William B. Carswell was sworn an,
presented a new plot of Ninth street.
north side between Shipley and Orangl
streets. The plot was admitted in evi
| dence.
Mrs. Ewing was called and detailed
how she stepped in a hole in the iroI
gutter plate opposite James r. Chand
lers and twisted her ankle, on thu
night of October is, 1894 She wa
helped to her home, No. 1884 Popla
street, by Mrs. Dora e. Shultz. Fo
three months she had to rest her foo
on a pillow, applying hot water ban
dages, liniment and pOultices.
For ten months thereafter she had t
go about on crutches or remain con
fined to her room. The foot is still
swollen and exceedingly painful, re
Quiring constant care and rest. Their
is no hope of it ever getting well. Sh
now has to employ help for her house
hold duties.