Mexico weekly ledger., 1885-09-17
JURY HUNG.
The DoweII Case not Decided.
THE PETITION AMENDED AND $780,.
900 SUED FOR,
The Case to be Tried at Bowling Green
Next January.-The Petition In
Full.-Notes.

Next January.-The Petition In
Full.-Notes.
No case perhaps in the history of
Audrain county ever attracted as
much attention as the one brought by
Jas. Dowell, of this county, by his
attorneys. Geo. Robertson, of Mex
leo, and Priest & Thoroughman, of
st. Louis, against the committee who
had charge of the fireworks at the
Cleveland celebration in Mexico last
November. > The original petition
published below gives our readers an
insight into the case 1t was taken
to Bowling Green on a change o.
venue and the trial began last Friday
and lasted till Tuesday noon. Ahost
Of witnesses from Audrain were in
attendance and the costs in the case
will be immense. The way the case
has resulted will necessitate a new
trial, and it is hard to tell what the
result of the case will be, for in any
event it will be carried to the SUI
preme court. There is no doubt but
what Dowell is severely hurt and the
result of the cas- depends on a ques.
ton of law.
The jury hung and was discharged
Tuesday. The case will be tried at
the next term of the Bowling Green
court and the petition has been
amended and suit will be brought for
SOC, 900, instead Of $2O,0 900 as in the
old petition, which is as follows:
THE PETITION.
The following is the petition ger batim /:
Co. of Audrain. Court.
January Term, 1885.
James o. Dowell, plaintiff,
VS..
J.tA. Guthrie, J. H. Boyd, Cash Black
bum, Wood Maddox, defendants.
Plaintiff states that defendants IN the
18th day Of November, 1884, at the said
county and within the corporate limits OF
the city of Mexico, q municipal corpora
ton organized under q special charter
from the legislature of the State of Mis-
souri,, engaged in and undertook to give
a pyrotechnic display.
That there Is public square in said
city of Mexico and in the center thereof
is situated a court house with a verands
thereto attached on the east side thereof
| of the height of about 20 feet. That or
all sides of said court house are public
streets and near to said veranda. Thai
said court house and veranda are in the
central part Of said city, being in the cen.
ter of the business part and most popn.
lous portion thereof. That said streets
on said day and at the time of said pyro.
technic display were thronged with PEG
pie. That said pyrotechnics so used by
| defendants consisted of Roman candles
| sky rockets and various other kinds o.
fireworks, all of which were dangerou!
and highly combustible and explosive il
their character.
That said sky rockets were charged
| Will. xlOAA q 4Nbl CCk ~ q null q pouho "
powder and when ignited would shoe
from an eighth to a fourth of a mile witt
the speed and dest~ructiveness of q riff
ball. That said defendants negligent!
and carelessly selected said veranda Of
said court house and there did give ant
conduct said pyrotechnic display, ignit
and shoot off SAID sky rockets and othe
fireworks. That plaintiff was at the TIM
of shooting said fireworks on the street
aforesaid and wa struck in the face wit
one of the sky rockets ignited and fred OF
by said defendants. That said defend
ants so carelessly and negligently hand
led and shot off and fred said sky rock
cts and fireworks and permitted the sam
to be so negligently and carelessly hand
led, fired off and and shot off that plain
tiff was struck as aforesaid by n of sal
sky rockets SO handled and shot off in an
under the control and charge OF said de
PENDANTS, which said sky rocket penetra
ted the face and head of plaintiff, knock
ed him down, shocked him and rendere
him unconscious for a period Of sewers
hours, lacerated his skin and flesh, brOk
his right upper maxilliary or cheek bone
put out and permanently destroyed hi
right eye and otherwise wounded, lacera
ted, tore and bruised and injured his hea
and face externally and internally. Ths
he lay in danger of death, wounded, sicl
sore and bruised, for a period Of a montl
suffering greatly in body and IN q state {
great mental anguish, and is still suffer
y ing greatly in body and mind. That b
was put to the expense Of hiring asurgeo
and physician; procuring medicine, nurs
, ing and board to the sum Of $500. Thu
for q period of two months he was who'll
incapacitated for business and on accoul
thereof loss to his business was grea
That his face is permanently scariae'
, distorted and injured and the use Of h
? lower maxilliary greatly impaired. Thu
the injuries thus received are permane1
and that he is now under the care ar
, treatment of a physician and surgeon
, great expense and will have to contin'
! for an indefinite length of time in the fl
ture, for all of which he is damaged in Il
sum of twenty thousand dollars, for whit
2 he asks judgment and costs Of his sui