Daily Republican., 1879-12-13
@ How do you know!
Al watched thsm.
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Al watched thsm.
Q--Did you drink anything
A-Not any whisksy; began to
drink champagne when II was opened,
because 1t had more flavor. Laughter I
Q.-How much did you drink
A.-Drank about fifteen glasses.
Q.-HOw much was in a glass
Court to witness, you must excuse
Mr.. Lore he's temperance man.
Witness-C Certainly. II / had known
Mr.. Lore wanted to know would have
brought glass. About q gill, sir.
Dwell that makes twoquarts ?
A.-Yes sir. Laughter.]
Q.-If there was one quart for each
man you had more than your share
then.
A.-Yes sir, some one lost quart
sure. [Grsat Laughter
Q.-Were you "pretty we'll fixeds"
A.--Yes. know If all drank as
much | did others were pretty we'll
fixed too.
Q.-Well then If you were drunk
how could you know what the others
were.
A.--[Indignantly.l didn't say
was drunk sir !
Q.-Well what were you, were you
sober
A.--That's question. Some cay
when you drink one glass you are not
sober.
Q.-You are railroad man; was at
that rattle and noticed that these two
men were "pretty well fixed" and you
were not sober yourself.
Al know that noticed them.
William Legg, sworn:--Am special
officer at the depot; was at the rattle;
saw Mr.. Townsend there and knew he
drank; after accident occurred went to
see Mr.. Townsend; found him sitting
in the parlor; had no idea then that a
suit would be brought; he said to me
horse knocked me ssnssless; and that
it was his fault; that it was the third
time he had been thrown out of a wagon
by somebody else driving and he be
dog-oned if it wasn't the last time; he
was pretty badly injured.
Cross-examined:
Q.--How do you know these men
drank
Al know it because waited on
them. substituted myself as waiter.
Q.-How much did they drink
A.-Don't know. was kept pretty
busy. [Laughter.l
Q.-Can't you give an ideas
A.-They drank four glasses, sure
Mr.. Lore after cross-examiniDg this
witness called rebutting evidence.
Giles Lambson, sworn: Was at the
rattle; saw Townsend aud Mccoy; they
were in his opinion, in sober condi-
ton.
Joseph Hopes sworn. At half past
eleven O'Clock they came to my hotel;
Mr.. Mccoy paid for his horse feed;
they seemed to be sober; having con-
siderable experience | can judge of the
condition of man; about eleven they
came back; Townsend had his head cut
and otherwise injured; took them in
the parlor and sent fcr the doctor.
John McCaffsy sworn; was at the
Washington House when the two in.
jured men came in; they were sober.
Amos Eastburn sworn; crossed the
Fourth street crossing the day of the
accident; there was no crossing on the
left hand side, described by the defense
as the passage for the day time.
Mr.. Gordon objected.
Mr.. Lore Interrupted the objection.
Mr.. Gordon turned sharply upon
Mr.. Lore with. 81 wish you would
not contradict me in that manner. You
can make your objections in gentle
manly manner before the court"
Mr.. Lore, suavely-I beg your par
don; didn't mean to contradict.
The objections was that Mr.. Lore had
already brought in evidence in relation
to the passages and that ths eviden ce
now about to he addueed was merely
accumulative.
The Court sustained the objection;
and Mr.. Gordon asked that the evidence
already given by Mr.. Eastburn be rul-
ed out.
Mr.. Gordon went on to ask Mr.. Lore's
witnesses a question.
Mr.. Lore-Mr. Gordon wont you sit
down.
Mr.. Gordon--No, I wont!
The gentleman securing an answer
and being satisfied, resumed his seat.
Mr.. Enoch Moore was called. He
stated that the distance from where the
accident took place to the spot where
the horse stopped was 365 feet; the
track made by the hub and where Mr..
Townsend had been dragged was plain
ly visible. He also stated that it was
impossible for the horse to travel over
the plankipg described by Mr.. Stewart
the watohman.
Douglass Mccoy was recalled. Mr..
Lore asked:"was the horse Running be-
fore he became scared at ths cars?"
You needn't answer until Mr.. Gordon
has time to object.
Mr.. Gordon, most empha hatically: l Oh
ject.
Court-Evidence taken must not be
accumulative.
Judge Houston. Now.M Lore, this
thing will become interminable. It's
all very well for old women to have the
last word, but it won't do for the court
Laughter.]
Judge Wootten drily. II this thing
goes on much longer we will begin to
think that the effects Of the wine has
not gotten from the case yet. Laughter
which was suppressed
The case then closed and Mr.. Lore
began to argue.
At six o'clock court adjourned.
Christmas Entertainment.