Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-06-14
VERDICT FOR DEFENDANT
Conclusion Of Trial Of Case Of Jesse ].
Ray VS.. Diamond State Steel Co.
FINDING ANNOUNCED TUESDAA
Jury Had Been Out Nearly
Twenty-four Hours.
EIGHT BALLOTS TAKEN BY JURORS

EIGHT BALLOTS TAKEN BY JURORS
, The case Of Jesse J. Ray VS.. the
Diamond State Steel Co. was put on
trial before a special Jury IL the
Superior Court Thursday. Ray sues
for damages for injuries received while
he was at suales to weigh iron BY the
falling against him of a truckloud OF
iron. He was burned and his right leg
was broken. The accident occurred July
lAth, 1899. Ray was represented by
Levi U. Bird and Andrew &. Sanborn,
The steel company was represented by
Lewis u. VANDERBILT and Charles M.
Curtis.
The Jury in the case is as follows:
James Carpenter. Jr.,. JOSEPH Il.
Davis, James Guest, Jr., ". NJ.
Householder, James Nj. Denning, John
p. MeElwee, John W. Carrow. David
Hyde, George W. Akin, John Nivin,
Abram Armor and Hervey Walker.
There were no challenges in drawing
the Jury.
Ray testified that the track on which
in good condition and the wheels Of tho
truck had some play. While at work
at the scales he was under the in
struction Of Night Foreman Mahoney,
and at the time Of tile accident was
responding to request from some
colored men to help move truck of
hot bar iron. A little more than ton
was on tho truck. He had Just about
m 1phr balI of tha truniy yrhap IN npaat
His right leg was broken aud the hot
iron burned 1t. He was in the hospital
four months. in the first two months
suffering much pain. In bad weather
the injury now pains him. He showed
the log To the Jury, the soar from the
burn being still visible. Since the
injury he has been unable to do any
work. He walks lame because OF q
sprain Of his left knee prior to the
accident TO bis right leg. The knee had
begun to improve when the hurt to the
other leg came and since then the left
knee has gwen him trouble.
Ray said the truck had upset before
and Mahoney had promised to have ii
fixed.
His wages were So a week. @
Lester Davis, colored, Dennis Lynch,
iipTp0t1 1IShoipout OOluIobt aha Ah@
Schuler, Rays mother, were the other
witnesses at the morning session. The
men testified concerning the condition
OF the truck and track and the accident.
Dickerson said he used crowbar tc
raise the truck from off Ray. The iror
was too hot to raise with the hands.
Mrs. Schuler told Of her sons suffer
ings. -.
RAILROAD CASE SETTLED.
Settlement was reported in th,
damage suit of Annie V. Rupert VS.
the p, w. ~. B. railroad. Mrs
Rupert's husband. Daniel. was killer
at the coal chute at Gray's Ferry
z Levi q. Bird represented the widow
and Messrs. Ward and Gray the com
pany. aa3!
Continuance was granted in the cas-
of Millie Warren, administrative 0
Nathaniel Parke, w. Mccullough
Iron Go.
The Ray damage case Fllda
morning was the cause of some in
teresting legal comhats between tn
senior attorneys, Levi O. Bird for Ra
ana Lewis q. Vandegrift for the stee
company. A$
Mrs. Ida Walters testified as to th
pain Ray suffered, Alfred Morris, col
ored, said the track where the iron wa
weighed was rough and the truo
wheels were loose.
The defendant then opened Fore
man Mahoney said the track and Il nc
were 10 good condition. He said b
told Ray 1t was not his duty to touo
the truck, and Ray never complaine
about the condition of track or truck.
DR.. |. M. Finn, who attended Ra,
said the broken leg was stronger aft
the break had healed thar before tt
accident. This led Mr.. Bird to remarl
think / will have my legs broken.
DR.. II. r. Stubs and DIR. j. /
Rile testifiedFriday that given healtf
condition, leg that was BROKEN ar
properly healed, would be stronger tn,
before
pr. Howard Ogle gave similar ties,
mony. He was asked whether he won
advise man to have his legs brok
In order to make them stronger. /
replied that he would advise man
have his leg cut off and an iron one 9
taohed. nr HG'
John Boston said had warned X
to keep away from the truck.
Harry +. Todd, Patrick j. Ahrer
Clarence W. Smith, Jacob Lewis a
Richard Jefferson testified as to I
good condition Of the truck and trac
This witness had been subpnnaed
Mr.. Bird, but not called to the sta
by him. Nh. Bird remarked that jeff
son had been away from the steel co
pany's place for while but is now
employed there. Mr.. Vandegrift ask
the witness. 7s@ - ra
Ibid you lie because you were taxi
back to work?''
HNo, sir, said jefferson.
Jerry Nichols and Thomas Sim
testified to the condition of the tru
Simms swore that Ray said he wo,
laugh to see the truck turn over. ]
witness could not say what caused il
turn over unless it was the weight
Ray on one side. An important gu
ton was raised by Mr.. Nandegr
There is rule of the court that
more than six witnesses will be ALLOW
to testify as to any one point ]
vandegrift claimed the right to axs
Inc more than that number; he s
that some had been examined as
general conditions Of the truck
some as to particular condition
held that he could therefore exam
Il more than the six.
The court ruled that six was
limit and Mr.. Vandegrift noted an
ception. Judge Lore said that IL
tain witnesses are better qualified I
others. 1t is for counsel TO call I'll
better qualified.
Superintendent John @. Brown tie
fed that the track did not wobble.
Both sides then rested. ~
b. ,E
Wilmington u Northern railroad