Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-19
Glo7OsN1 GETS VERDICT.
Jury a wards Him 80,ti0 After Delih Jrat-
Ing Five and u Half Hours.

| Ing rive ana "a Hair Hours.
The taking of testimony in the dam .
age suit of Giuseppe Giordano VS.. The
! Branoywine Granite 10 Was concluded
in the SuIer or Court yesle rd ~
elk. City Councilman nami TON
Stewart. the supe 10 endent of the
Brandywiue Granite Co g quarriss, was
the star witness OF the az ernoon. lie
said he cons dered Lsparel.o a We
careful man aud first GLASS workman.
Giordano was helping Cararel ben
The explosion occurred which killed
Caparello AID deprived q oruano Of his
eyes and nose Nj Stewart was aleo
examined as 10 the Kinds vi exp .osives
used in the quarry. He said they used
what Is known as 40 per cent dynamite
and black powder Of two sizes. lie said
that dynamite would not explode from
heat, requiring conurss on to make IL
explode. With black powder spark
was necessary 10 cause an explosion,
and with spark the powder has to pe
confined in place iron which the air
has been excluded. He described In de-
tai how The sticks Of dynamite are slit
open, and the ccnteuts poured into the
hole in which the asst ID TO be- made
and then the charge tired by means VI Il
cap connected with an electric battery.
This cap causes concuSsiAn, which
causes the dynamite TO explode.
Questions were asked tire stiffness by
! Judge Spruanue and Judge Gruhb The
latter said that when he was hoy it
was trick TO pnt powder on hot
brick aud see IL burn, and he asked
Mr. Stewart blasting powder was not
mined in an air.tight chamber and
heat was applied TO it az was done with
the brick, If combusti n or explosion
would occur. Mr.. Stewart replied that
in results the blasting powder was no
different from the ordinary gunpowder.
: Mr.. Stewart also testified that after
the explosion he Examined the hoes
and found that the one ~ fast deep had
gone off, while the one II feet deep,
and only 81 inches to one side, had not
gone off. Two feet away from the ex-
ploded hole WAS box OF dynain to con-
tain ng 40 sticks of the high explosive
The plaintiff thsn put Frank Fara-
hello on the stand to testify, as to GER
tain statements Giordano had made In
! the Office of tho late peter L. Cooper,
Jr. Mr.. Smithers objected, on the
ground that Farabello was an intsr-
3 prefer ana that all communications
between Giordano and Mr.. Cooper,
!, which Farabello had interpreted were
privileged eommun cations and could
not be introduced in evidence. Mr..
Whiteman replied that they we privi-
legged az long as the plaintiff held them
? as such. but that the plaintiff waived
3 his rights in the matter. Farabello
testified that he never heard Giordano
D say that he did not blame any OF the
, bosses at the quarry for the accident.
Q Alter T. l3ayard Heisel had testified
3 to the locat. on Of Mr.; CooEer's Office
Q the testimony closed. Both sides sub
mitted prayers.
Argument on the prayers was made
0 to the court this morning.
For the O osing argument to the Jury
: the plaintiff had TWO hours remaining,
|, and the def ndant ono hour and &
L minutes. J. Harvey Whitsman, opened
for the plaintiff
Q Mr.. Whitsman referred to certain
witnesses whose testimony tended e
Il DISPUTE u statement OF Gardnno's az
l. Judas iscariot's He added that il
J. would be interesting to know how many
y pieces of silver we're used for thai
! psTiidy.
! When william W. Smithers, who il
: Dslawarsan, but who practices at the
Philadelphia bar, came 10 address thu
J. Jury, he took up the implication in Mr..
: Whitewan IS speech. at is with regret,
no said, THAT l hear my name first
assaulted by my own people. No one
y would dare to do SO at the bar where
: practice, and ! must say l have felt Q
shock to hear it here"
i 81 meant no such insinuation against
you CT any ojunssl, u interrupted Mr..
!. Whitman.
8 Il accept your apology" said Mr..
Smithers.
d 81 am relieved, Rentemen," con
: tinued Mr.. Smithers. land | ap
J. preciale the manliness of Mr.. White
. man. might have borne the imputa
u tion with anger in seme other inrisd Q
u tion, but cannot do i5 hero, it cuts.
Then Mr.. Smithers went on with hi
IS address.
y Associate Judge William y. Spruanc,
y charged the jury in the damages case o
10 ussppetGiordano vs.. the Rrandywin'
Grants Co., Friday morning, and jur,
>. retired about 1920 o'clock. Gitr lano
- while helping fellow servant. lost hi
\. eyes aud nose in an explosion at tn,
y tirandywine q1arries. Judge Spruanc,
J." n his charge said the jury must h
= satisf ed from preponderance Of tn
- - evidence. First. that injury complained
- :. of was caused by the negligence OF suci
y fellow servant; second that such fellow
!, servant Was an incompetent or negli
|" gent servant; third, that the maate
y had active or constructive notice OF tn
=, ipcomretenoy or negligence OF sucl
~ fellow servant.
a. eff your verdict should be for tn
" plaintifJ," said the judge, it should b
in Tor such gum as in your judgment from
m the evidence will reasonably oompensat
him for his injuries, including hi
~ lose Of time and wages. mis- pain AM
rs suffering in the past, and such as h
may have In the future as the result d
IN his Injuries, aud also for his permanen
injuries and loss Of ability to earn
w living in the future"
IN W. W. SmitheIs, who with Henry @
id Conrad, represented the defendant
ID entered an exception to the charge.
The case of Mcclure Il Co. VS., vii
ID liam j. johnson was put on trial, Harr
10 Emnons for the plaintiffs. and Lii
~ burne Chandler for the defendant
a. Mcclure x Co., tinplate dealers c
Pit shurg, with a branch office !
Philadelphia, claim that johnson owe
K them s549.37 in notes, which, wit
10. interest from May 22d. 1899, makes tn
at total s633. 10. The plaintiff put !
~ testimony letters Indicating indebted
10 ness on tho part of johnson.
or For the defence, Mr.. Chandler allsge
be that the claim has already been pait
Id and that really the plaintiff owed th
III defence Mr.. Johnsnn claimed that
he decided the Plaintiffs the property e
MS Lincoln street as collateral for pay
ment of indebtedness, but the deed itse