Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-06-12

Evan G. Boyd of New Castle, Harvey
d. Wigglesworth and Walter Rash,
charged with oonspiring to secure 50, 800
from County Treasurer Horace @.
kettew by means OF a padded bill, must
prepare for trial. The General Sessions
Court Tuesday afternoon unanimously
declined to grant the motion to quash
the indictment, which had been made
by counsel for tho defendants Chief
Justice Charles b. LoTo announced the
decision of tine court.
MIR. Higgins, on behalf Of tho de-
PENDANTS, has presented a motion that
the encouragement be directed to file
q bill OF particulars in the case, setting
forth in detail the allegations com
hining to make the offence Of con
spiracy. Among other things Che
defendants desire il for the attorney
general 10 designate which of the names
OF Migrants in the sheriif's bill are
genuine and which are alleged to DO
not genuine. Attorney General Ward
said Tuesday afternoon that no was
ready for argument. He will resist the
motion TO compel him to file bill of
particulars. Argument will be made
at an early date.
Attorney General Herbert II. Ward
and Deputy Attorney General Robert
II. Richards represent the State, and
William II. Heald, Anthony Higgins,
William S. Hillcs. Alexander b. Cooper
and John II. Rodney are attorneys for
the defence.
The trial Of tho case Of Joseph q.
Boyd VS.. +. Blumenthal a. Co., for
damages for personal injuries, his hand
having been crushed while he was on
an elevator at the morocco works, was
resumed before the Superior Court.
Adolph Iigor, Joseph Gawinski and
John Il. McClarg testified for tho
defence. Walter IA. Hayes and Robert
II. Richards addressed tho jury on
behalf of Boyd and william S. Hilles
for the morocco firm.
In Superior Court, Yesterday morninfi
Judge Pennewell charged tho jury in
the case Of Joseph Q. Boyd VS.. i.
Blumenthal Co., suit for $40, 900 for
injuries received at the works OF tho
defendant company, after which the
jury retired.
The case of Lewis e. Short, colored,
VS.. the Peoples Railway Co. was called
for trial. Talismen were used to COM
plete tho jury, John Levy and Isaac
Brown being selected.
The case OF Eva SzymanslSi VS.. T..
Blumenthal IL Co., Bird and Cochran
for the plaintiff and Hilles for the de-
Tense, was sot for September term.
The case of Jennie L. Blackburn vs..
T.. Blumenthal & Go. was announced
settled.
The case of Mary Maxfleld VS.. the
Peoples Railway Co. will be argued on
a demurrer. ..
In tho case Of Edward Donohoe VS..
Wilmington City Railway Co., settle
ment was announced.
The case Of Morris Goldberg, an in
FAINT, VS.. the Wilmington City Railway
Co., discontinued.
The case Of John w. Crumbaugh vs..
the Wilmington City Railway Co. was
referred to counsel
Tho case of Edge Moor Bridge Works
VS.. Patrick Fahey was marked for trial.
The case Of Mary M. Kelley and John
q. Kelley, d. b. ~, VS.. Alice Hoskins,
p. b. r., was reported settled.
In the case of Short Ys. the Peoples
Railway Co., Horace C. Eastburn is
attorney for the complainant and
William S. Hilles for the defendant.
The allegation is negligence on the part
of the operators of car running at
high rate of speed without warming.
Tho claim was 5000. Mr.. Eastburn,
in opening to the jury, stated that the
accident happened in November, 1901.
Short was sworn and had started his
testimony when the court page, William
Crosby, called the attention of the
judges to the fact that the witness had
not kissed tho book. He then kissed
the book with smack. He testified
that the accident occurred al Sixth and
Tatnall streets n yember 9th, 1901.
He was driving across tho track and
his team was struck by car. He did
not consider the crossing dangerous
place il the driver could hear the sig
nails. His wages were about 50 per week.
and he had been out of employment
three months.
Mr.. Hilles ross-questioned tho wit
ness and showed that Short had left
his lines lying upon the seat while no
put on his coat, Just before the COLI
sion.
John Mills testified that the hill on
Sixth street showed declivity of %
degrees He saw the accident
William Buell., colorod, testified to
the accident, but was unable to tell
whether the car struck the wagon or
the wagon struck tho car He could
not tell anything other than there was
n collision, rs he was not looking for
anything.
Dr. Theodore Becker stated that
Shorts injuries were slight. His wrist
was swollen.
VERDICT FOR s., 600.
Tho jury in the case of Joseph Boyd
VS.. the +. Blumenthal Co., came into
court at Il. % o'clock with verdict for
the plaintiff, assessing his damages at
81, 600. The claim was for $4,000.