The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-06-01
DEFENSE IS STRONG.
Courtney Case will 60 to Jury this After. ,

y
Tho $4,000 damage suit Of Oliver n,
Courtney's administrator vs. the Mayor
pnd Council OF Wilmington was resumed
before Superior Court this morning BY
| Hilles calling to the stand William Ward,
who drove tho Friendship Compapy's hosa
wagon on the night Of Courtney'5 DEATH
| His testimony was that he had safely
crossed tho dangerous place OF o rate Of Z
mile In four minutes, by driving the horse
| attached to the wagon on the east side Of
tho street. Such testimony rather helped
| the city's case, for when Mr.. Harman t8ok
| Ward In hand for the cross examinatlou
| he made him admit that the place was
| passed by him without thought Of dam
| ger. Mr. HilleS announced that John H
Manlove had been expected to testify for
the plaintiff but as be did not answer he
would rest his case. a
Then Mr.. Hartman went before the jury'l
and said he would prove beyond doubt
that Courtney came to bis death through /
bis own earelessness, that the trench had |
been safely fenced in and eleven red lighta-I
told OF the trenchi that Courtney wa$
racing The Phoenlx engine borSes With
those of the Friendship Company when he
lost MS lfe The solicitor incidentally re-
marked that Manlove, the absent witnes8f
was so because he had been Intoxicated Oh
the night of the accident.
Then I. Chalkley Hatton, engineer Id
charge Observers, went on the stand as the
oity's first witness and said tho trench was
about 4Ox4O feet and 33 feet deep He also
saw it fenced in and red lights displayed.
-Four hundred feet from the excavation d
clear and unobstructod view could be had
Of 1t by anyone coming the direction tho
fire companies did that night.
William Hicken was foreman OF the
gang which was working on the trenohl
That night he placed eleven lights on th8
fence which surrounded the trench, and
was positive that they were burning,
Photographs Of the locality presente ed al
this time compelled Mr. Hlcken to leave
the stand, because of Mr. Hilles objection
and Leslie V Christy, the Street and
Sewer Departments photo grapher tooE
the stand and told of taking the negatiye$
which Ferdinand Biedleman, a Philadelt
phia photographer swore to enarging pre-
cisely as the negative showed.
Then Mr. Hickman went on tho stand
again and swore that the photographs
were exact reproductions of tho condition.
Of the trench the night of the accidenE
The presence; of Waterman near the
trench with a lantern In his hand and the
display of lights, as tho picture showed
caused AIR. Hllles to oppose the admit
lance OF the pictures in evidence because
they had been taken tho day before, but
Mr., Hartman insisted, holding that the
conditions che pictures showed had been
proven by tho plaintiffs witnesses.
The court agreed with Mr. Hartman and
allowed the pictures to 40 in evidence, the
defense winning the strongest point IL has
since tho case opened,
Walter II. Fountain was tho watchman
at the trench and the clty's star witness.
He said he saw Courtney coming over the .
bridge, his horses moving ut brchkneck
speed, waved his red lantern and yelled I'd !
him of the danger, but all to no avail.
Mrs. Eliza Higgins, Patrick Higgins,
Mary Higgins, May Derrickson, Martha
DarrckSon and Officer Solomon each gaV8
testimony corrobortting tho watchmap'sS
story that lamps wero displayed ct the /
trench the night that Courtney met his '
death and that the driver had bsen warned
by cries Of warning before he reached the
hole. Adjournment was made until the
usual afternoon hour