Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-03-10
AODICKS CONFESSED JUDGMENT.
Tho Torrey Case Did Not fio TO Trial
Jurors Discharged.

Jourt Iae clsb bT RINK inrrpy Vs. y.
Edward Addirl;s was scttlol. Juls
insnt was uonfussud by Mr. AddicEs Tor
sI15 for Mr, IoreyR services IS esp
tain OF tho yacht Now Then.
Tho replevin cans of j.. ". Suppco
IL Co. vs. John Cicero was contincef..
Ex.Chancellor James Wolcott was
granted loave to amenh narr in tho
cnHa of Wilds va. Middleton.
William S. Ililles was granted leave
to amend in the case OF the Huber
Manufacturing Co. vs. NelSon.
The Jurors were discharged from any
further attendance at this term of court.
Tho liquor licensa cases. against
which there Rrs "Reminiscences, will be
heard on Saturday, March 18th.
AT the afternoon session tho court
granted the application of Willard
Salisbury for tho continuance al the
case Of Lewis l.. Wilcox, administrator,
Va. tue Wilmington City Railway Co.,
until the next Term.
The judges considered a proposed bill
for new jury system for the State
which had bean drafted by Ben jamin
Nields. IL provides for two Jury COM
missioners, one Republican and one
Democrat, to be appointed by tho court.
buxea for the various hundreds, from
which the jurors are to he drawn. Both
grand and petit juries arc to be drawn
for each term. At present tho Levy
Courtmen put tho names in the boxes
and only one grand jury is drawn for
each year, but petit iuries are drawn
each term.
The case of John Mentally Va. the
Delaware Iron Co. of New Castle was
lut on trial in court on Monday
morning The plaintiff was represented
by Walter II. Hayes and the defendant
by Levi @. Bird and Andrew l.. San
born. Mentally in his narr claims
$40. non damages for the loss Of the front
part of his foot.
The evidence showed that McNally
was brakeman on shifting crew em-
ployed lIy the iron company. and was
brakeing on a car. While going into
oue of the mills from flying switch
be was thrown from the car and run
over. At first he aid not know that he
was hurt, and got up and was brushing
exclaimed: my God, aren't you
killed?n He said he thought not.
Then his attention was drawn to his
loob dtlu uo saw buut ~ iDohnu iiho
piece of crushed beef. He cut the
ahos laces with his knife in order to
get tho shoe off, Ho was afterwards
taken to the Delaware Hospital, whore
DIR. John Palmer, Jr., and DIR. j. l..
France amputated portion of the foot.
McNally showed his fout to the Jury,
the amputation having been performed
back OF the toes.
The plaintiff claims that the brake
was defective.
1t was disclosed that he knew there
was something wrong with the brake
before the accident, having remarked
to Conductor Sidwell that 1t was not a
very good brake.
After Conductor Sidwell had testified
the plaintiff rested.
The casu came to an end on Monday
afternoon. when, acting under the in
struction Of the court, the Jury returned
verdict for the defendant. This action
| followed the argument on a motion for
non suit made by Levi @. Bird and
Andrew Il. Sanborn for the defendant.
Walter IL. Hayes, for the plaintiff, OPP
posed the motion. Mr.. Bird argued that
as the plaintiff knew tho brake was dc.
fective. he should have got off the car
and ascertained what the trouble was,
and having failed TO do SO, the company
| could not be held liable lie charged
| the plaintiff with oontributory negli-
| genco in failing to Investigate.
The court decided that there were
sufficient grounds upon which to grant
non suit, but Mr.. Hay s, acting under
his rights, refused to accept non-suit
| The jury was thereupon instructed to
return a verdict for tho defendant. This
leaves the plaintiff an opportunity to
| take an appeal from the verdict. whereas
he could not have appealed from non
| suit.
Tho trial of the case of Nicholas
Murphy VS.. Hughes Bros, & Bangs was
begun before a special Jury Tuesday
murning. The plaintiff was represented
by William S. Hilles, and the defendant
by James II. HoiTecker, Jr. and Leonard
u. Wales. Murphy asks damages for
the loss of four toes on his right foot
oaused by the falling Df heavy stone
thereon, April 29tb. 1897. Mr. Hilles
In his opening addrsss declared that
the engine for hoisting stone WAS in
charge OF an italian who could not
understand Engliah and was told to
raise or lower the boom by the words
boom up" and "hoom down. Mr..
| l1illes remarked that IL the bosa wanted
to swear at ono of the Italians he had
TO ask some one else to do ii.
DR.. John Palmer, Jr., and DIR. D.
l. McColley testified as to tho mans
injuries, they having dressed his foot.
Murphy testified that an Italian
namod Zinetti was running the engine
| to hoist the stone and he ordered him
to raise the stone, with the words,
"hoom up" at the sans time pointing
his thumb upwards. But the Italian,
| instead of raising tho Rtone, dropped it
and the stone struck Murphy on the
foot. He heard Superintendent Doyle
order Zinstti to leave tho engine before
| he killed come ono lie waB In the hos
pital about a month but at no expense
to himself, and the firm employed him
| again when he was able TO work. He
lost his place month or 30 later when
a number OF men were luid off.
Mr.. ililes desired to show that the
firm had IN indemnity insurance.
under which they wero pail for the
injury to Murphy. but NJ. Hoffecker
said he had no knowledge OF such a
policy and, moreover, did not think il
admissible testimony. Tho court ruled
testimony as to an indemnity policy 10
he Irrelevant.
On cross examination Murphy adj
mitted that he had been warned by
| Superiuteudent Doyle for carelessusss
several times before the day of the
| accident.
John T. Abel. mschinist, who was
on a tugboat near tho scene Of the
accident at BelleFue, at the time, tes-
tifiad In tha iuoomnatenuy Of the