Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-12-07
NO DAMAGES FOR FOARD,

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in the Superior Court on Wednesday
week Chief Justice Lore and Judoa
9pruance decided to grant n non a,,it
~ the case of William Craig vs.. Benia.
min 7. Ginn, who had brought sniff for
s5,OoO damages for alleged malicious
prosecution. judge Grub dissented
ana gave bis opinion. stating that he he
iieved the case should go to the iury
Attorney Brockson declined to ACCEPT a
non suit, and, acting under instructions
from the court, the jury returned a
verdict for the defendent. Sixty.six
unopposed liquor license applications
were signed.
Inc Sunerior Court Friday began the
srlai OF the damage suit of John M
fpari Us. George G. Whiteman, in
wnicn fcard wants ST. damages for
INJURIES received while working in
1rench on Washington street between
twentieth and Twenty first. Mr.. White.
man drove his horse into tho trench
md Foard was injured. Medfotd II.
sI.t,o represents the Ilaintilf, and
"nIiiam ). Hilles the defendant.
Inc accident occurred on May 18th,
1870. Foard was an eInploye of the
water department. He had worked
lot four weeks up to that time, but
afterwards worked only half a day in
several months. Since the accident, he
SAID no had boon able to work only five
or six months. He said he could not
DO heavy lifting but could do light
weight Tho plaintiff said something
came i'll on top Of him but no did not
Know what it WAS, at the time, for he
was rendered unconscious. His pick
struck him in the shoulder and he
and legs. %
Mr.: Whiteman paid him $40 and had
d. d. w. Clumbaugh visit him.
Mr. Hiiles asked Foard IL on one
occasion he did not run upstairs and
Jump into bed when he saw DIR. Crum.
haueh coming. He denied it He also
denied that he asked Whiteman for
more money, but said he told White.
man he would not want any more for
awhile.
Charles 7. Martin, foreman for the
Water Department, and George Rom
nell, assistant engineer of the Street
and Sewer Department, we're witnesses
for the defence. Rommell was net
allowed to testify to plot he had made
because it was held to be secondary
evidence, having been made from O
water department map and information
received from Chief Engineer Bond.
Mrs. Foard swore that her husband
was in the house several months. His
back Is SO sore sometimes that he
cannot lift bucket of coal from the
cellar. She said Mr.. Whiteman sent
her husband two quarts of whisky.
John Q. Tyson testified TO the acct
dent. When it occurred, Whiteman
was thrown over the ditch and the
pony was lying upon Foard.
The case of Elizabeth B. McComb's
executors vs.. Joseph L. Carpenter. Jr.,
was placed on the trial list and CON
tinued.
In the case of Robert s. Armstrong
vs.. the commissioners of New Castle
hundred the plaintiff was ordered to
pay the costs in the previous action,
before progressing III this one.
Continuance was granted in the case
of William j. Brown VS.. Elsmere &
Wilmington Railway Co.
The SO, 900 damage suit of John M.
Foard VS.. George G. Whiteman went TO
the Superior Court Jury Saturday. The
plaintiff was injured while working in
ditch in Washington street, between
Twentieth and Twenty first, Mr.. White.
man driving pony into the ditch upon
him. William b. Eldridge testified
yesterday afternoon that Whitemap was
racing with boy en- bicycle.
For the defence, Mr.. Whiteman testi-
fled that he was rot racing but that
his horse became unmanageable. DIR.
j. W. Crumbaugh swore that he at
tended Foard, that the latter was not
seriously hurt and on one occasion
when he went to the house to see the
patient, Foard saw him coming and
jumped into bed with his clothes on.
Frank Mehaffey, who was on the bicycle,
said Whiteman was not racing with
him.
At the mornings session, John Lynn
testified that Whiteman could not con-
troll the horse
The court limited the argument to 40
minutes on side. Medford I'll. Cahoon,
for the plaintiff, and William s. Hilles,
for the defendant, addressed the jury.
Chief Justice Lore delivered the
charge to the jury, which retired about
II. 05 O'Clock.
The jury returned about u. 30 with a
verdict in favor of the defendant,
Whiteman.
SENSATIONAL REASONS FOR NEW TRIAL.
Deputy Attorney General Cooper
asked If there was any reason why
Jacob A. Daniels, convicted of improper
conduct towards a young girl. should
not he sentenced. josiah Marvel, coun.
sci for Daniels, said that he would file
reasons for new trial Saturday.
He did file his reasons later. In them
he holds that the verdict was against
the Law and the evidence; that the
court did not charge tho jury on the
subject Of good character, as the de-
PENDANT had asked; that Elsie Frazier
made gestures 10 Mabel Slaysman, and
Viola and Lola Yeatman, witnesses in
the case, and that they answered after
seeing her signals and did not testify
according to their own knowledge; that
tho court refused to call Elsie Frazier
to the bar for improper conduct.
With the reasons are filed several
afiidavits. John u. Graham, Nellie M.
Daniels and Roland Daniels swore to
the motions of Elsie Frazier towards
the girl witnesses.
Ida Bromwel swcie that Elsie Frazier
said, "I'll do anything to put my
father behind the bars.
Josephine S. Anderson swore that
BlancheDaniels said that Elsie and she
would swear TO anything that will
put pap (meaning Jacob A. Daniels,
behind the bars
Ephraim Bailey swore that Blanche
said: =" HAYS no proof of these charges,
and that Lola had not told stories, ex-
cept as 1 told her to-.
Argument on the motion for new
trial will be heard later.
EINearly the whole of Monday mornings
session of Superior Court was devoted
to hearing the reGlevin case of Samuel
Lac Samuel d .,Annd and |