The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1916-03-11
Harvey Railroad Damage Suit On Trial.
Grand Jury Finds Five True Bills
And Ignores One


The March or Spring term of the
Circuit Court for Cecil County opened
on Monday morning with Chief Judge
Albert Constable and the regular
Court officials in attendance. The
iuries were constituted as follows:
Grand Jury.
+. w. Dawson, Third district Foreman.
FIRST District Edgar j. Davis Benjamin
Price Harry Redding.
Second District William A. Queck, A. Har-
rcr Hazel Joseph Schaefer, Sr.
Third District John R. Davidson, Fred C.
Lewis.
Fifth District W. II. Warrington, Elmer F.
Murphy. Knsey Matthews.
Sixth District C. c. Balderston, Calvin
Riley Alphcus Pierce.
Seventh District-Chares N. Grant. George
Eighth District Henry Schofeld, Stephen
c. Raglan.
Ninth District Hugh NJ. Cameron, Towns
end Barnett
Petit Jury.
First District-J Alfred Brown, T. P. De-
vine. Powell F. Johns.
Second District Charles Whitelock, Samuel
Simmons. David Ciark.
Third District. NJ Naudain John p
Meredith, d. Warren Wilson. William Tyson
Fourth District Arlington j. Kite, George
f. l.. Hess, William f. Cox.
Fifth District John s. Bouden, William H.
SimcOc. Scott Jackson.
Sixth District Edwin l.. Haines, j. Frank
Tosh.
Seventh District Ronald Bond Walter E.
Buck.
Eighth District Robert f. Wright.
Ninth District Harry w. Touchstone
Messrs. Powell F. Johns, David
Clark. William f. Cox. j. Frank Tosh,
K. A. Atkinson and Robert F. Wright
were excused during the day, and
Messrs. Alfred Taylor, John W. Nc
Cool, r. G. Richards and B. B. Cray
croft were summoned as talesmen.
The Grand Jury was briefly charged
bv Judge Constable and retired The
dockets were called and a number of
civil suits and appeals were marked
for trial
After the noon recess, Finger VS..
McKenney, from the Appeal Docket,
was put on trial before jury Mackey
for appellant; Clayton for appellee.
Matthias Finger, trading as The Au-
tomobile Supply Company. had sold
goods to Taylor w. McKenney. of
Elkton. and sued his wife, Mrs. Mar
garet L. McKenney for the bill before
a magistrate. who found in her favor
Mr.. Finger took an appeal. Mr.. Fin
ger and Mr.. and Mrs. McKenney tes-
tilted in the case, and the jury, after
a brief absence returned with a ver-
dict for the appellee Mrs .McKenney) .
Adams EXpressCompany VS.. Charles
G. Wells, also from the Appeal Dock
et was next tried before a jury.
Mackey. Thomas and Constable for
appellants; Clayton for appellee. Mr..
Wells. the lessee and manager of the
Elkton Opera House, had recovered
judgment before a magistrate against
the Express Company for loss caused
10y delayed delivery of a motion pic
turc film, and the company appealed.
Mr.. Wells alone testified, and the jury
without retiring found in his favor,
awarding him $19.1S.
Walter Arrants and Ellis Cox, the
latter coored, each charged with bas-
tardy, pleaded guilty and We're each
ordered to pay SO monthly for the
maintenance of the respective child.
Court was adjourned at 4:50 p. m.
for the day.
Tuesday.
Court met with Assistant Judge
William H. Adkins on the bench, and
trial of Harvey VS.. the B. & 0. R. r.,
was begun before the following jury:
Timothy P. Devine, George E. Hess,
Charles Whitelock, P. Fox Jackson,
John S. Boulden, Samuel Simmons,
John p. Meredith, Walter E. Buck, D..
Alfred Taylor, John w. McCool. R. G..
Richards and B. B. Craycroft.
The suit was one of five brought
against the defendant company by T..
Naugn Harvey, John R. X. Motfitt,
Harry A. Boyer, William T. Mckinney
and William Wyre, residents Of North
East, for damages for personal IN
iuries received when large hack IN
which they and several other mem
bers Of Shawnah Tribe of Red Men
We're returning from visit to Little
Elk Tribe, of Cherry Hill, was struck
by fast southbound express, on the
railroad crossing near Singerly Sta
tion, shortly after midnight of Feb.
II, 1915. Crothers and Clayton for
plaintiff; Warburton & Warburton for
ueIeHdant.
Mr.. Clayton, opening for the plain
tiff. said he expected to prove that the
team was struck on its return from
Cherry Hill, on the Singerly crossing,
by fast special express bound Tor
Baltimore; that the engine whistle
was not blown and the crossing alarm
gong or bell was not sounded as the
team approached the tracks; that the
crossing and station were poorly
lighted and the view of the track was
obscurcd by a warehouse. One horse
had been killed. the hack damaged
and Mr.. Harvey had been badly hurt
and disabled for work as a carpenter
hy injury to his nervous system:
John R. X. Moffitt, of North East,
operator at the railroad tower at Elk,
ton. the first witness called; testlted
that he and Mr.. Harvey, with num-
her of other Red Men, left North East
for Cherry Hill about $50 p. m, on
February II, 1915, in a large hack'
drawn by two horses hired by witness,
acting for Shawnah Tribe. from ). /.
Shippers, liveryman at North East
who put it in charge of James CAN'T,
colored, as driver. The hack had