Evening journal., 1905-07-11
DEFENSE MOVES
FOR A NON-SUIT
Plaintiff Concludes Its Testi-
mony in Case Of Todd vs..
p, B. & w. r. r. Co.
EXPLOSIVE EXPERT ON THE STAND

When the damage case OF the ad- |
ministrator Of Mrs. Ella Todd VS.. the
p, B. & W. Railroad Company was
resumed in Superior Court morn
ing the jurors sitting in the case were
each provided with palm leaf fan, by
order Of the court It was so close in
the room that it was noticeable that
the members of the jury were uncom-
Portable on account of the heat The
court ordered the page to secure fans
for them, which was done and the
jurors seemed greatly relieved by them.
The case on trial was started yes
ltorday morni.e and is attracting con-
siderable attention, as IL is the first
trial Tor damages growing out of the
destruction Of part Of Greenwood in
1908 by an explosion following a wreck
of freight trains o. the Delaware rail-
road.
Mrs. Todd was in her home several
hundred yards from the scene Of the
wreck. but it is alleged that she was
badly injured by plaster falling and
ldied last spring as a result Of the ac-
tion. The suit is brought for $4,000.
The husband of the deceased is ad-
lministrator and is represented by Hugh
NJ. Morris andrew C.. Gray and John
f. Neary are counsel for the railroad.
Considerable time was occupied by
Mr.. Morris yesterday afternoon In an
: effort to get before the jury evidence
as to how long the crew Of the wreck
: cd train had been working, but this
= Testimony was objected to by MI Gray
- land the court sustained the objection
I Several of the crew were on the stand
r during the afternoon but none of then
knew what explosives their trains car
ried.
Before any witnesses were called
4 this morning a long typewritten re-
port of the superintendent Of the di-
Vision on the wreck was read by Mr
Morris to the jury. 1t showed JUS
what cars were damaged, how badly
= and what each one contained. The re-
r port stated that Union Line car No
. 1887, which was on one Of the train
r was loaded with gelatine.
- Oscar r. jackson. an expert on ex
a Iplosives. was the first witness called
e The witness explained that there ar
IS two kinds of gelatine. one of which !
Il Ian explosive. There is another gela
L tine which is ordinarily known as food
!. What Is known as the powder gelatin'
lhe stated, IS a high explosive whei
lby itself or when combined with nitro
lglycerine or nitro-cotton. He said /
lcould be exploded by a blow or by fire
d William II. Morris of Greenwood
e. was recalled to the stand and stated
d that the explosion made a hole in the
a lground about 10 by - feet and fee
n deep. Witness could not say of his
I own knowledge how the explosives goi
L to the place where they exploded.
q DR.. Henry Clay Johnson, Of Green
. wood, said he was knocked down bs
$ 1.-THE explosion. He said the oNplosior
a was only a very snort time after the
- collision.
B.; Charles H. Cantwen, yardmastcr fol
S the F., B. & w. in tnis city, produced
o a record of the cars on he train whicl
v showed that one of them was loaded
: Iat Gibbstown. y. J.. and was consien.
cd to Portsmouth, n. II. u did no
2 show what the car contained and 8
l. was explained that hii;s which woul'
Al shcw that were burned IN ;he wreck.
e p. =. Dunham. comptroller for tn
e dupont Powder ompany. was aske.
: liz TIC big power concern had Interest,"
il la { ihnstown. bnt The court sustained
l. lMrh Gray's objection. Mr.. Dunhan
Il said he knew of no record in the pos
p session of the powder company whicl
would show what car No. 1887 Uno
Is Lime was loaded with at Gibbstown.
- DR.. H. B. Dinerty, Of Woodbury.. \
70 IT,. testified that he attended Mrs. Tod
q last December and that she was suf
l. fering from Indigestion and a nervou
" lattack Judging from the testimon
he had ileard the witness said in hi
10 opinion the shock of the explosion wa
ss sufficient to cause her condition.
st The plaintiff rested shortly after
IS O'Clock and Mr.. Gray, counsel for III
rs railroad, then moved for non-sui
IS His grounds are that it was not prove
what exploded and that the plainu
Nv also failed to prove the car was III
n property Of the defendant oompan.
a Mr. Morris will argue against n
? lnon-suit being granted this Afternoon