Delaware gazette and state journal., 1902-12-04

Andrew g. Sauborn represent Mr..
Rhoads. This latter stood trial in tue
Court of General Sessions last Feb.
rEary on the charge OF assaulting Arm
strong. In this case MIR. Rhoads was
indicted for assault with attempt to
commit murder. He pleaded guilty TO
common assault, which was accepted
by the State and be was released upon
the payment of 5l00 fine.
Tine plaintiff was the first witness
Monday afternoon. When Mr.. Biggs
informed the court that the witness
was weak as result of his injuries
Il @ court permitted him to sit while
he was being examined. The witness
said that he was 2S years OLE and that
prior to the assault he sold agricultural
implements and was engineer for a
traction engine.
He said that he was assaulted in
October, 1901, on Mr.. Rhoads' farm by
Mr.. kboads.
DIR. John B. Roberts of the Poly
clinic Hospital in Philadelphia, was
put on the stand and said that he had
written books on his profession. He
said that he performed an operation on
Mr.. Armstrong.
After he had examined Armstrong he
found that the patient was in critical
condition and that an operation MAS
necessary. He cut piece ont OF the
skull and put it back again. He found
fracture which in his opinion might
have caused death, eventually, ii iB
had not been attended promptly. Or.
Roberts said that he feared that the
injury might cause Inflammation of
tie brain, unless it had immediate
after tion.
The crack that he found in Arm
strong head did not extend through
both bones of the skull. lie said that
the symptoms of the case showed that
thers was soma nt1er brain trouble
besides the crack in the skull.
The Jury in the damage cass of
Frederick @. Snyder against the
Peopls's Railway 90. gave verdict,
yesterday afternoon, for Sl,0e0 10 the
plaintiff for injuries received in an
accident at Second and Adams streets.
When thu Superior Cour. opened Tuesday
morning the trial Of the suit of Henry Il.
Armstrong Us. George b. W. Rhosds was
resumed. Armstrong took The stand IL re-
direct examination. He admitted swearing
once at Mr.. Rhoads who witness wns on
the threshing machine. He faid he did SO
bseause Rhoads was advancing toward him
| and abusing him.
DIR. George b. pierson of Middlefown,
testified to the injuries of Mr.. Armstrong.
DR.. Pierson, when sworn, was very re-
lUctant about kissing the Bib'e, and finally
was directed to open the book and kiss II,
| which he did.
Daring the testimony of the physician
| there WAS much wrangling between Attorney
| Biggs for the plaintiff ana Attorney Sanbnrn
| for the defendant. Judge Grubh censured
| the attorneys several times and finally said
| II must break this wrangiing up; stop this.
1t is inconsistent with TIE decorum of tho
court.
DIR. Jerome n. Hardeasile of Middletown,
| who had attended Mr.. Armstrong, testified
| TO the result OF the blow on his head and
| his general condition.
Ebsn Clark, owner of the threshing ma
| chine where the alleged assault took place,
| kissed his hand on tee back of the Bibie
| and Ee was requested TO kiss the book
| This he did by kissing the edges of the
Leaves. Re testified TO the assault.
| Mis-. Minnie Armstrong, wife OF the
plaintiff, testified to her husbands con,
dition on his arrival home and his removal
| to the hospital.
| The General Sessions Court record, chow,
| ing that the defendant, George B. w
| Rhoads. had pleaded guilty TO an assault
| upon Mr.. Armstrong and been fined 800
vas placed in evidence.
| MIR. Rodney opened for the defence, de
| talling what would be proven ana asked
that mere mitigating damage of some
| thing like q cents be awarded.
| Mr.. Rhoads, defendant. took the stand
/ but had proceeded In his testimony witt
| only a few words when he was checked b,
/ Alr. Big2s, who raised the question Gs tC
the admissfbility of expressions used at Q
| time of the assault.
| The question was discussed until the moor
recess.
At the opening Of Superior Court
yesterday. tho trial list was goa,
over and nearly half of the cases weri
| either reported settled, or continued
until next term. Court probably will
be over by Christmas.
| The cases disposed of were as follows
( Alexander Fater vs. Standard Linn,
\ and Stone Co., contiuued Robert j.
Coffin VS.. Samuel A. Mcdaniel, dis
continued; Diamond State BottlinI
Co. VS.. Peoples Railway Co., con
tinued; Emmett Morrow vs.. Peoples
| Railway Co., continued; Charles Sine.
| VS.. Peoples Railway CO., continued
| Andrew Mun'ion vs. Peoples Railwa,
Co, continued, pending settlement
Mollie L. Smith vs.. John j.. Nc
Laughin, continued; Nathan Barsk.
VS.. p, w. d B. Railroad Co., settled
| Richard Emmons VS.. William H.
Morris, discontinued; Charles L
Walker VS.. Delaware Granite anc
Mining Co., continued Beatrice Leitcf
vs.. Sue @. Elliott, continued; Alber
Frankisk VS.. Sue G. Elliott con
tinued; Francis Harvey Day vs. Gilpir
S. Woodward. continued: Andrew j.
Travis VS.. John Levey, referred Il
counsel Charles Pratesi IS. the Mayo
and Council of Wilmington, continued
Frank Wood VS.. Thomas j. Goslin
continued; Margaret Quinn VS.. People'
Railway Co., continued; James Quinn
vs. same, continued.
Counsel in the.casa of Armstrong vs.
Rhoads addressed the Jury and Mr.
Biggs, for the plaintiff, told the iuf,
that the actual money loss to his ellen
as result OF the injuries was 81, 172
and that So. 600 would be proper com
pensation, including the 81, 172.
SANG AS He SANK TO DEATH.