The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-03

The suit Of Michael Denier and his
wife. Sarah, to recover damages from
the Scranton Railway company for the
killing of their three-year- old son on
the Penn avenue track of the defend
ant company in August 1897, was given
10 the jury late yesterday. afternoon.
When court opened in the morning
the work of Offering testimony for the
defense was resumed. The first wit
ness called was Mrs. Margaret Fields,
who resides at Park Place. She was
on the car that ran over the Donier
hoy and saw the bicycle rider who ran
down the boy, cross the track right be-
hind the car. The car was going slow
and the motorman was ringing the bell
continuously.
B. Atlas, a Penn avenue merchant,
was sitting outside of his store when
the accident occurred. The child was
in the street without any one to care
for him, when he was run down by a
bicycle rider and thrown under the rear
wheels of the car. Witness picked up
the child and placed him in the arms
of Harry Xiemer. Mrs Denier said
when on the stand that her son was
jn the care Of Ziemcr when the acCi-
dent occurred. Atlas said the child was
not in the care of Ziemer and that the
latter was not anywhere near the child
when he received the injuries that re-
suited in his death in the Lackawanna
hospital. When Michael Denier was on
the stand he testified that he was on
n wagon at Penn avenue and Linden
street when the accident occurred. At
las testified that this statement Of De-
nier's was not the truth.
Henry Zicmer, of 424 Oakford court,
testified that he was not in charge of
the child at the time Of the accident.
Michael Denier. the father. was at
Mifflin avenue, where he had car of
hay, at the time of the accident, the
witness said. He went there and noti-
fed him at the request of Mrs. Denier
on cross-eXamination an effort was
made to show that Ziemer offered to
testify in a way that would he favor
able to the Denicrs if they would give
him 500, and also that he had been
offered a position by the Scranton Rail-
way company. He denied that there
was any truth in either of these state
ments, but admitted that he had then
in his pocket an application for a posi-
li'li WIN Nll' SCI iIllDll IkdllNdy COM
pany.
\. NJ. Levy testified that he was a
passenger in the car that injured the
Denier boy. He wanted to get out al
Linden street, and when the car was
about midway in the block he stood
up and walked toward the door As
he stood up he saw a child dart across
the track in front of the car and a
moment later saw the bicycle rider
knock the little boy down.
William McAndrew. conductor of the
car. gave unimportant testimony.
Henry T. Stevens was called by the
defense. He was riding a wheel near
Ward at the time of the accident
Ward and the little boy were in front
Of the car at the time.
In rebuttal Denier and his wife tes-
titled that Ziemer told them he had
been offered a. position by the Scran.
ton Railway company If he would tes-
tify in their favor.
CLOSING ARGUMENTS.
The closing arguments were made by
Attorney Warren for the defense anG
Attorney Nosburg for the plaintiff. The
case was given to the jury at 4.30 D. IN
In the main court room the case
of Mathilda Farhig, Administrative
against Eugene Schimpff was given tC
the iurV n 4 Nar6ipt had pp