Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-06-05

lie heard nothing and saw nothing, SO
he started to drive across tho track. A
trolley car bound towards Wilmington
struck his horse and killed it, pushing
Ii 4cad about 80 feet, and then run.
nlns OYER IL, and jumped tho track.
The wagon and harness Wern DESTROYED.
Adams WIS thrown from the vehicle,
striking on his shoulder His collar
bone was broken, and hc was badly
bruised on the left side. He told tho
court and jury that he had been q
cripple ever since. He valued the horse
ut 800, the wagon at $50 and the
harness at $50.
After the accident, Adams was taken
to his home, 30 South Market street.
Conductor B. II. Blackburn was ono
of those who went with him. Adams
testified that on the way to his homo,
Blackburn said "We were behind time
and had to run that way to make it
up
Tho plaintiff was first attended by
DIR, II. w. Bryan, who has since died,
and later by DIR. Henry Patterson.
The plaintiff said he had made 81 q
day at huckstering and about that
amount ut selling ccal before he was
injured, since then he had had little
work
Besides Mr.. Adams, the witnesses
examined Mt Monday mornings session
were: Laura Anderson, Harry Hall,
Harvey Lopez, Matthew Keller, Eleanor
Trinkle, Sarah Whiteside, Kate
Masters and John Farley. DIR. Pat
terson is to testify this afternoon, after
which the defence is to open.
On the application of Henry G.
Conrad, the court appointed George
L.. Townsend, Jr., to take testimony
in the divorce case of Laura e. Little
vs.. James NJ. Little.
The case Of Horace p. Adams VS.. the
Wilmington & New Castle Electric
Railway Go. for damages for personal
injuries and for The loss of horse,
wagon and harness, went TO Il jury in
Superior Court Tuesday. Associate
Judge James Pennewill delivered the
charge to the jury. Walter II. Hayes
represented Adams, and James w.
Ponder and Charles NJ. Curtis, the
company. The defence was that suf-
ficient warning was given Of the up
proach of the trolley car to Pyle's lane,
whore the accident occurred. MIR. Hayes
brought out on discrimination that
the car was running s to II miles an
hour.
The jury after about two and u
quarter hours deliberation, returned q
verdict for $500 in favor of Adams,
who had asked for $4,000
Argument was heard on demurrer in
the case of Eva Symanski vs.. +. Blum
enthal 81 Co. William s. Hilles, rep-
resenting the defendant maintained
that the plaintiff being non resident
alien, could not be PARTY to damage
suit here. Her husband was killed by
being thrown around inside u drum at
the morocco factory. She lives in
Russia.
Levi G. Bird and Edwin II. Cochran,
Jr., represent the widow. the ques-
tion is novel enc in this State and
there are few decisions covering it else
where. Mr.. Hillcs said there had been
only five decisions, two in Massachu
setts, one each in Pennsylvania, Col
orado and Kings Bench.
In the course of his argument, Mr..
Bird held that the doctrine that n
nonresident alien could not sue, was
an atrocious one. He held that Chloe
taw or Rottentot should have the
right to recover damages for tie death
of relatives through the negligence of
corporation. The doctrine was an
invitation to contractors to do their
work carelessly as the alien labor en-
ployed by them could not recover for
death by accident.
The court reserved decision.
There were six cases on the calendar
for Tuesday, but all but two had been
disposed OF before. The remain
ing ones were John p. Farley and Vic
torine A. Farley's administrator and
John 2. Farley VS.. the Wilmington &
New Castle Electric Railway Go. They
grew out of the same accident on which
the Horace p. Adams case is based,
and they were put at the foot of the
calendar.
Yesterday wrs set by General SEES
sions Court for the filing of preliminary
motions in the cases of the State VS..
Samuel A. Mcdaniel, Evan q. Boyd,
Harvey b. Wigglesworth and Walter
Rash, charged with conspiracy to secure
81, 800 of county money by means of a
padded bill; and the State VS.. Patrick
Fahey, charged with subornation of
perjury. In both cases, motions to
quash the indictment we're made and in
the conspiracy case there were notices
of an application for bill of particu-
lars and of motion 10 postpone on
account of the absence of material
witness.
Chief Justice Charles b. Lore and
Associate Judge James Pennewill were
on tho bench.
William S. IIilles of counsel for
Sheriff Mcdaniel, Mr.. Wigglesworth
and Mr.. Rash, informed the court that
q material witness was absent and
that affidavit to that effect worl be
filed. William H. Head and Anthony
Higgins are with Mr.. Hilles.
Alexander B. Cooper, who with
John II. Rodney, represents Mayor
Evan G. Boyd, made general motion
to quash the indictment and gave
notice that no would ask that the at
torney general be ordered to file a bill
of particulars.
Attorney General Herbert H. Ward
held that the applications should he
in writing. He said that the State
desires justice for everybody.
Tho court decided tuat on general
motion to quash there was no rule re-
quiring that the details be filed but
as to the application for bill of par
ticulars, tho court ruled that counsel
for the defendants must put in writing
just what particulars are wanted.
Saturday was set for argument on the
motions.
John Biggs, counsel for Patrick
Fahey, moved that the indictment be
quashed, and said no was ready to
argue The State said this was the
first notice it had had of the motion.
Argument was set for today or
Friday.
In Superior Court settlement was re-
ported in the cases of Charles W.
Pagan and Antonio Salvatore VS.. the