Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-02

flaintin Rests IN the Case Of Brown VI. the
Wilmington CiIy Railway Go.


noon, Chief Justice Loru charged tho |
Jury in the case of William q. Deck, |
ut nj. q. b. H., va. William II. FARRELL, |
y. b. r. The jury retired nt =. 10 o clock, |
and returned at 4 o'clock with YER
dict for tho appellant, stating that the
balance no owSd on tho motto, with in
tereat and fec for collection, amounted
to S2i.0 The note waH given on q
bank at Chentortown, Md.
The case of Morris l.. Friedman, ct
al, va. John McGowun was continued
until the noxt term.
The remainder If thc afternoon sos
sion was devoted to tho trial OF the uage
Of LOWS brown, colored VS.. the Will
mipgton City Railway Co. Lilburne
Chandler represented tho plaintiff, and
Willard Sauabury and James ". Ponder
wers counsel for tho defendant. Il.
Vance Armstrong Thomas II. Donovan.
Albert NJ. Miller, Geurge Cupit, Thoinas
S. Wells, John G.. Adamu, Charles
Donnelly, J. Fletcher Deakyne, Charles
Smith, Alexander Stevenson. William
Rankin and Herbert q. Cannon were
selected as jurors Andrew Selak was
challenged by the plaintiff, AMI jesse
TBlley by the defendant.
Mr.. Chandler, in outlining the case,
said the plaintiff had HORSE iniure'i,
wagon demolished and harness broken
at Front and King streots on July 3lsi,
1897, in consequence OF Riverview car
collitling with the vehicle, and claimed
that the conductor and motorman un'
skilfuly and negigently handled tho
car. lie asked for 81, 900 damages.
Lewis Brown testified that the horse
was driven by his son. Walter Brown.
| lie told in what condition the horse,
wagon and harness were IN when he
reached the scene OF the collision. lie
said he paid SS5 for the horse, and
estimated it's present value at 500; a
doctor attended the horse for two weeks
after the accident, and no paid him
$40. lie could not uso the horse for 10
days altar it was iniuroii. lie said the
wagon was worth s65, and the harness
was wurth sig. On cruss examination,
be said no paid sig for the wagon, anu
used it for nine months.
Walter Brown testified that he drove
out of King street into Front street,
and, in going around team which
stood on the crossing, had to drive on
the southbound track, on which the
car was approaching. He did not hear
tho car bell ring. When he was driving
|
northhound track, the car struck the
wagon in which he was seated, dragged
it 10 feet, knocked the horse down and
broke the harness. lie said he waved
to the motorman to stop the car, but
the motorman had his head turned in
the opposite direction, ana the car was
approaching at full speed. lie added
that a woman told the motorman that
il be tho motorman) had been attend
ing to his business tho accident would
not have occurred, and the motormau
replied that "a II niggers ought TO be
killed, anyhow" daughter.
George II. Boughman, chief of the
City Engineering and Surveying De-
partment, testified that Front street
from King to Market ia 2l0 feet 6
inches long, that the thoroughfare
from curb 10 curb ia % feet wide. that
the gauge OF the car track is feet,
inches and that the space between tho
tracks is . feat
William Brown told the condition
tho horse, wagon and harness were in
when no reached the scene Of the col
liHiUn. On cross. examination, be adj
mitted that no had served term in Jail.
Jacob GUldsten testified that he saw
Walter Brown Hignal the motorman, and
he tthO wituess) shouted to the motor
man. He did not hear the car bell ring.
The car was going rapidly. On cross.
examination, he said no shouted to the
motorman three times.
Philip Leshem testified that he did
not hear tho car bell ring. He also sig
nailed the motorman.
AT O'Clock the court adjourned
until morning.
J At yesterday mornings session
the case of william Connolly VS.. Ilar-
riet Chadwick and the case of William
Rulings vs. Andrew +. McMenamir
, were referred to referees, who will be
selectad 10y the prothonotary.
Next, the case of Lewis Brown vs..
tho Wilmington City Railway Co, was
( resumed.
G. 1rueman Wallace testified thai
! the hors0 was worth $50.
I John d. Woodward testified regard
{ ing announcements he hau mado at From
| and King streets.
Mrs. Glars VeRsey testified that til,
3 car was running ct ordinary speed, anl
| said tho motorman had time to stop it,
She stated that, after the collision, thu
! motorman laughed and remarked, tina
"all niggors ought to BIZ killed, any
how"
william Dietz testified that no neve
saw an elactriG car run more RAPIDLY.
q Walter Brown was recalled, and testi
8 fed that tha car was running at tht
= rats of 10 miles per hour.
o The plaintiff rested at IL. 30 o'clock
r Mr.. Ponder, in outlining tho defence
, sHid there is q hill on King street from
Q Second to Front. that Walter Brow
t drove rapidly down King street, tia
y he could not stop ths wagon when h
: turned into Front struet ami that tn
. wagon struck the car,
y Police Officer ERtin testified tina
the grade OF King street from Second {
Frunt ia ateep. lilo heard tbs wago
coming down King street rapidly, ant
saw Walter Brown drive into From
a street and run into the car about eigh
i feet from its end. When the acciden
i. occurred, the witnesa remarked: mig
n ger like. " lie said the car was runnin
' very slowly, at the rate Of four Or iiv
4 miles per hour. The motorman va
|, looking straight ahead, and tried
o stop tho car. The witness heard tn
" car bell ring. On cruss- examination
!. Mr.. Eakin said tho wagon would hav
ia struck tho car il tho latter had stopped
lie denied that there WINS d cart ON th
crossing.
Motorman Stanton testified that th
y car was running slowly, and that b
y stopped it at the west side of Kin
az street. lie said Walter Brown drove int
as Front street rapidly, and could not sto
q the wagon. lie added that the WACO