Delaware gazette and state journal., 1899-11-09
White said Mrs. Donahoo's death re.

suited from straDgulated hernia.
In reply to Mr.. Bird, who conducted
tho cross examination, witness said
Mrs. Donahoe had valyular disease Of
Tho heart, hut that was not account
able for her DEATH
Michael Donahoe, the plaintiff, upon
being recalled by Mr.. Biggs, said his
wife was insured at the time of her
death for 81, ,0GO IN the Har tford Co.
and tho money has since boon paid.
Mrs. Donahoe had been passed by DIR.
Pyle The pIaintiff rested with this
witness.
Mr.. Bird. in opening for the defence
before the jury, said there was no
negligence on the part Of the company,
when the train arrived at Delaware
avenue station the conductor and brake
man called out the station at the front
door, The conductor and brakeman
remained there and helped about 90
people off and about u on. After all
of the people had entered the conductor
looked in the door and seeing nobody
moving gave the engineer the signal to
go ahead The train had been stopped
between two and three minutes. I'm
mediately after the train had started
tho conductor learned that somebody
was trying to get off and had the train
stopped, after having gone few feet.
Mr.. Bird said ample time was given
Mr.. and Mrs. Donahoc to get oil, as
they were within 10 feet of the door.
He said be would show that the acct
dent was due to tho careessness of
Mr.. Douahoe and his wife, as the
train had started when they reached
the chr door and then jumped off, know
ing the train was moving. Nj, Bird
also said he would show that Mr..
Donahoe did not know he was at the
station until after the train had stopped
and people were alighting and that
his wife made the discovery where they
were and told her husband, Lointing
out to him house in the vicinity.
Rudolph Perry, the conductor of the
train, was the first witness called for
the defence. The train was few
minutes late in leaving the w. Il N.
junction on the day of the accident,
October 10th, 1893. Tho time between
tho junction and Delaware avenue
station was seven minutes. Delaware
avenue station was the first stop Wit
ness said when the train arrived at
Delaware avenue station he called out
the station from the middle of the Car
in which Mr.. and Mrs. Donahoe we're
sitting, after which he left the car and
walked out on the platform about IL
feet, and after all of the people for Will
mington appeared to be off and all
northbound passengers appeared to be
on he looked up and dlwn at the train
and seeing nobody moving walked to
the signal light and rs it was all right
gave the signal to 90 ahead. He said as
soon as the train began to move he saw
man jump off the lear platform
of the middle car and put up his hands
to woman. Witness gave tho sigma
to stop the train and it was stotred in
half car length. He ran back and
saw Mr.. and Mrs. Donahoe and asked
the latter il she was hurt, to which she
replied: "No, only my shoulder. which
| struck against the guard rail-. T" He
told Baggageaster Mcbride to give Mr..
and Mrs. Donahoe proper attention anc
report to HIM in the morning, which
was done. Mr.. Mcbride had reacheo
the scene of the accident before the
conductor. Witness said the station
was lighted Witness said the trair
was stopped between two and two anc
a-half minutes. during which Tins
between 90 and 30 people alighted AM
between ID and 90 entered tho train.
Upon being cross examined by Mr..
Biggs, witness said no did not see any
body get on or off ut tbe renr of thu
middle car. Michael Donahoe tod hin
he would report him
George N. Shoemaker. who wa!
brakeman of the train on the night o
the accident, said he also announced
the station from the front of the car il
which Mr.. and Mrs. Donahoe wer'
seated. His testimony was similar tt
tho conductors. He said everything
appeared to be all right when the trail
started, but after it began TO move b,
saw Mr.. Donahoe jump off and holding
| his hands up to his wife, whereupon
he called to them: Hold on" HI
explained that no meant for the woman
to remain on the car, as the trail
would stop.
William P. Sheppard, who was en-
| gineer of the train on the night of tn
accident, said the train stopped at th
station that night an unusually lon
time, and few seconds after he hat
started no got two whistles, n signal T.
stop Immediately, and brought the trail
to standstill within 30 OIL 80 feet Th
train had already boon stopped fron
Ia to 2la minutes and he wondered a
the cause OF the delay.
Silas Williams, the fireman, said th
train was stepped from two to thre
minutes.
Shelley Larkey, the baggageihaster
said he put some baggage off and o.
that night at the station. BE coul
not tell how long the train was stopped
Charles Dickens of this city said o
tho night of the accident after th
train had heen stopped about tw
minutes he boarded the front platforr
of the rear car and finding the doc
fastened started fer the middle car
BY that time tho train had started
He saw Mr.. Donahoe descend the ster
and alight and met Mrs. Donaho
coming out of the door. He heard MI
Donahoe tell his wife to get of and sh
got off.
Samuel Chambers said Mr.. Donaho
told him after tho accident that no ma
some difficulty in entering the car Q
the W.. * N. junction. Mr., Bird aske
the witness IL Mr.. Donahoe told hil
that the train got from the W. ~ \
junction to Delaware avenue station $
soon that he did not know when b
reached the latter place.
7 Mr.. Diggs objected, saying witne!
must swear to the exact language usct
! Mr.. Chambers could not recall IL
exact words, but said that was til
substance OF what was said, Mr.. Bige
renewed his objection and asked th;
Mr.. Chambers answer be stricken floi
the record Mr.. Bird insisted on hayin
the testimony admitted and the tw
attorneys began an argument on II
point at issue, as to whether it WI
propcr to admit the statement Of M
Ghamhers. Tho court suggested tn;