Every evening, Wilmington daily commercial., 1906-03-09

The damage suit Of DR.. William II.
Garrett against the Peoples Railway
%. was resumed in the Superior Court
this morning.
Yesterday afternoon Mrs. James
Eberhardt Of No. / West Eleventh
street testified that she was on the
polch Of her house on May 2lst, 1905,
when Charles II. Coifey, a hoarder, who
was setting on the porch, called her
attention 10 the car and the automobile.
She said she witnessed the collision
and did not remember hearing the bell
Of the car ring. She thought the ooou-
pants OF the automobile we're ossed as
high as the tops Of the awning post.
Witness said she saw the automobile
turn down Orange street. She said she
went to the assistance Of the injured
men.
Pauline Ehereardt, daughter of the
witness, gave similar testimony.
Charles II. Coifey, who Was setting
upon Eberhhardt's porch, said be was
an eye witness o the accident. lie
said the car was travelling very rapidly
and the automobile was going slowly.
Floyd barnes testified that he was a
passenger on the car and was sitting
| on the front seat. He said the car was
going at the rate Of from - to IA miles
an hour and the automobile was going
about i've miles an hour. lie Temem-
bered the motorman ringing his gong
half way between Eleventh and Twelfth
streets. When witness first saw the
automobile IL was about 20 feet from
the corner Of Eleventh and Orange
streets. lie said the motorman put on
the brakes, but they failed to work
quickly. Witness said the oar ran
'three car lengths after striking the
automobile.
On CROSS s-examiuation Mr.. Richards
asked witness II he did not say in his
office that the automobile was % yards
from the corner when he first saw u.
Witness said be did not make such a
statement. lie also denied that he had
told Mr.. Richards that the automobile
was going seven miles an hour wnen
he saw it.
Henry =. Spencer, oolored, OF 1927
Orange street, testified that he saw the
accident He said the automobile was
going a good deal slower than aomo
automobiles he had seen. He testified
that he saw the trolley car at Twelfth
street. Witness saw the men tossed in
the air when the car struck the auto
mobile.
Upon REORGANIZATION Mr.. Rich.
ards asked witness to state how many
miles an hour the automobile was
going. lit was going about three and
half or four miles an hour was the
Ieply.
"About as fast as man cou Id
walkY" asked Mr.. Richards
never saw a man who could walk
that far in an hour" replied henry.
Then look at me, " said Mr.. Rioh-
| urda and vntf will aaa v.nn a.,
can do II. "
Witness took a good look at Mr..
Richards and appeared TO be convinced
that he could cover four miles in an
hour.
Howard Wilson, a colored boy, testi-
lied that the automobile got TO Orange
street at about the same time that the
trolley car got 20 Eleventh. lie did
not hear the gong Of the car ring.
James Eberhardt testified that Elev-
enth street. was much used street.
DR.. John p. Wales testified that be
bad been DIR. Garrett's family ply
sician. He explained the nature OF
DR.. Garrett's injuries and said they
were permanent The most serious,
he said was the injury to the soiatio
nerve.
DIR. Wales said DR.. Garrett would
have to be careful in eating and con-
line himself 10 a restricted diet.
DIR. Evan G. Shurtlidge corroborated
the testimony OF DIR. Wales.
This morning j. Abbott Thurlow,
manager of the Delaware Auto Storage
and Repair Co., testified that the au-
tomobile which was being used by Dr..
Garrett at the time of the accident was
worth about $3.50 At present he
thought $3.50 was a fair price for IT,
Peter Hansen, foreman for the auto.
mobile company, testified that he put
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