Show WILLIAMS CASE HARD occupies attention of judge today jury go out to inspect the scene of the accident this forenoon testimony will not be in until frida fridal the case of williams against the city elty was resumed upon the district court opening this morning and the plaintiff concluded the colance ot of tho the testimony samuel was recalled and gave further testimony la in the case he was on the stand when court adjourned last evening and was called again today to give further evidence on some points his testimony in the main was to the effect that be was well acquainted with the gravel pits and had worked there for some time that the place where the accident took place was left in a dangerous condition having fleen permitted to so exist without any fence or other safe guard to warn people of the condition that the city made the excavation and one of cites employed emp loyes quit work there on account of ane imminent danger in which he was in continually from the caving arlof la of the bank that at the time the two children were killed four were loureed iby by sand an and d gravel but two them were brought i back to consciousness utter after being found by the man who went to the rescue S A knott was also recalled and abated that toe be knew the place where the misfortune took place and had seen it yesterday that he had worked tor for the city efty and in such employment employ anent had hauled sand d and gravel out of the pit had worked there six or seven years ago at the time rume ho be waa there the cites employed emp loyes broke down the bank alq hauled the same away he ile worked there again three or four years ago and at that time other emp employee loyes of the city were working there also that the place where the children were killed was on oa the south side of the pit near the middle ot of the eblock and about twenty feet west from where the bank is ds now at the conclusion of air mr knotts testimony attorney rogers moved the court to dismiss the case so tar far as it related to the father ot of the children it appearing that be he had become deceased aln since e the commencement of the action the request was grante dand the plain till tift then asked the court for an order allowing the jury to visit the scene of the accident in company of the fb bailiff allIff and that two of the witnesses one toe for the plaintiff and one for the defense be allowed ito to accompany the jurors and point out the spot where the killing took place this was also agreed to and mr for the plaintiff and mr dickemore for the defendant were selected to accompany the jury they together with the bailiff were sworn and with the jurors were admonished not to talk about the case to one another or any other person tout to simply go there and after seeing the spot to form their own deductions duct ions they then took conveyances to the gravel oeds beds and court adjourned unai until 2 p ca this afternoon when court opened the defendant moved the court to nonsuit the plaintiff on the grounds that there was no evidence to show that the city knew the children were in the babit of playing around the gravel pits nor that the city took sand or gravel away from there and left it in an unsafe condition and that there waa was no evidence to show that the city owned the property or exercised any control over it or that the defendant knew it was in a dangerous condition and tur further ther that there was nathl nothing 1 za ibe before forro the court to show that it wae x th the duty of the city to erect a ter fence ae C 8 around the pita pits and that the wrong person was sued that the action was barred by the statutes of limite limita tion F ua the motion was not argued and immediately denied toy by the court attorney macmillan for the defend ant then made a statement of the t cites case to the jury and the taking of testimony tor for the defense was commenced A F parker waa was the first witness and he testified to having made a plat plit jet cf the block showing the individual lahners owners of the lots therein which was I 1 j exhibited and explained iby by him J V bluth the city recorder was next on the stand to testify to who had been employed at the pits and when work waa was done by such persons county recorder ellis followed mr I 1 bluth and he gave evidence as to the I 1 person in whose name the property j where the acci accident derit occurred was wasi which I 1 showed that ishad it had belonged to a party other than the city since ISM I 1 at the cone conclusion fusion of mr ellis testimony the report of the case closed tor for today |