Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-05
Court Granted a Delay Until Sat-
uTday at Request of Counsel
for the Directors.
JURY GIVES MRS. REEFS A VERDICT
Jury Trial of Gioseppe'Giordano
VS.. the BrandyWine Granite
Co.--An Action for DAM
ages for Terrible In
juries Received.

Rnluunt represented the principal and
interest of -four notes given by the
George II. Mccall Co. to the Whining
ton n Northern Co for freight and coal
hauled by the railroad company, the
payment Of the notes being guaranteed
by Mr.. Clerk, who WAS president OF the
Mccall Go, At the morning session Of
court, Col. McCaus and, superintendent
OF the Wilmington and Columbia
division of the railroad, testified thar
the acceptance by the company of Mr..
Clerk q qua anty was fully known by
MIR. Clerk. The cnurt refused 10 admit
evidence OF book account and judg
mont thereon against the Mccall Co.,
ard the plaintiff rested.
For the defence, Col. Ben amin Nields
claimed that Mr.. Clerk had no notice
of the acceptance Of the guaranty and
aao that no recovery cou d be had
upon the ground that the railroad had
no right under is charter to engage in
the oonl business. Mr.. Clerk testified
that none of the notes was signed by
him in the presence OF COL McCaus-
lnnd, but they we're all brought to him
by GsOyge III. Mccall, who Was TO de-
liver hem to the railroad company,
after Nh. CLARK had signed them. Mr..
Cork said he had no notice from the
railroad company of the acceptance of
the various guarantees accompanying
the notes. MIR. Mccall oorrobora.rd the
testimony of MIR Clerk as to the sign
ing of the notes,
In thu prayers for the plaintiff, Mr..
Bird claimed that the contract of guar.
anty was absolute ard that the de
PENDANT was absolutely obligated to nay
the notes; also, that the guaranty being
made upon the request OF the railroad
company, and the notes and guaranty
having been delivered to the company
the contract was complete, and il was
not necessary that Mr.. Clerk should
have any further notice of the accept
ance Of the same.
Col. Nields, however, argued that
notice of the acceptance of the guaranty
was essential to complete the contract,
and further that the company could not
recover, because it had no right to en-
gage in the coal business.
The jury, without leaving tho boz,
returned verdict for S13, 877.24 in
favor of the railroad company.
The case of Lille NJ. Rees vs.. Lewis
M Price and William L. Money, con-
stable, as put on trial. 1t ie repleyin
suit involving the title to certain prop
erty in the possession of Mrs. Rees of
near Delaware City. L. Irving Handy
represented the plaintiff and Walter j.
Willis the defendants. After Mr.. Handy
had rested, Mr.. Willis movod for non
suit on the ground that the execution
on the goods and the taking thereof
had not been proved. Argument for the
nonsuit was heard by tho court this
morning.
The mandamus proceedings to re-
quire Street and Sewer Directors Carter,
Webster and Eahey 10 show cause why
they should not be compelled to furnish
new bonds of $50, 900 each, were to have
come before Superior court yesterday,
but at the REQUEST of William s.. Hilles,
representing the Street and Sewer Di.
rectors, and by consent of J. Harvey
Whiteman, for the Citizens Reform AS
sociation, the court granted a continu-
ance until Saturday.
The court declcined to grant non-
suit In the case of Lille III. Rees We.
Lewis M. Price and William T. Money,
constable. which had been asked for
by Walter j. Willis, representing the
defendants. l.. Irving Handy, for the
plaintiff, made a very effective speech
to the jury, holding that Mrs. Rees
had right to replevin the goods she
had repleyined and that the claim of
SOB could not lie against them. He
about the case was the giving away of
some chickens by Mr.. Willis, the
counsel. 1t took the jury about two
minutes to return verdict for six
cents damages and costs III favor of
Mrs. Rees
a jury was drawn to try the damage
suit of Giuseppe Giordano VS.. the
Brandywine Granite Co., J. Harvey
Whiteman and Charles B. Evans repre-
sentinR the plaintiff, and Henry O.
Conrad and william w. Snithers of
Philadelphia, the defendant. Paschall
Dixon is the foreman OF the jury.
Lewis Il. Morrow was excused from
service on the jury because he is an
agent for the de- endaat company's
underwater.
Theirs are five counts in the narr
charging that Giordano had his eyes
blown out and his nosa destroyed by
the carelessness OF fellow employe;
that the granite company did not pro-
vide a safe paos for Giordano; that
the company did not have any rules for
the gu dance of its employees, and that
Giordano was ordered TO go to an I'M
safe place by vice principal, Dominick
Cosaro.
In opening to the jury, MIR. White
man said that they would show that
Giordano came 10 this country in 1900,
and was injured on June 18th Of that
year by a premature explosion of powder
which resulted in the death OF john
kopp, fellow employee. According to
Mr.. Whiteman, Giordano, who was
laburer, had been required by Domi-
nick Cosaro, known as James MoAdoo,
to go to the help of John Kopp, a |
biastar, which he did. They were
blasting dimension TINE when tho ACCT
dent happened
Joseph A. DE Lucca was qualified as
interpreter. Giordano was lod to the |
stand hy fellow Italian. The plaintiff |
wore a handkerchief around his head, |
showing depression between the fore |
head and mouth.
Giordano testified that he WAS break |
ing stcne with a sledge " hen John Kopp |
asked hi n to help him in blasting,
which he refused, but. later, McAdoo |
ordered him tn help Kopp. aud then be |
went with kcpp. They had exploded
four holes in the dimension stone and !
were preparing to explode the NTH, |
when lit exploded by ITSELF" He saw
no more Of kupp, and received part |
of the charge liz his face.
At the direction OF Mr.. Whit.man,
Giordano removed the handkerchief |
from his face and the spectators had u |
feeling OF horror at Inc sight, eyeless |
and noseless. Several Jurors turned |
away after one gaze, and tie court sug-