Daily Republican., 1889-02-09
SUPERIOR COURT.
THE SESSION YESTERDAY AZ
TERNoON.
The Case of Robinson Va. Simpson Still
on Trial---Witnesses Examined---The
Defense Claims the Accident
Was Unavoidable.

SbuTb TCCtuNtuth il % u CtOth
afternoon, with the Chief Justice and
Associate Judges Houston and Paynter
present.
The case of John Robinson VS.. Francis
G, Simpson was resumed, and the exami-
nation OF witnesses for the defense con-
tinueG.
DR.. J. NJ. Curtis testified that he Is q
practicing physician in this city, and as
sisted DR.. Kittinger in setting the clavicie
bone of John Robinson after the accident.
He charged So for bis services.
johnson Thatcher testified that on jan
uary 2Sth, 1888, he was employed at Sec
ond and French streets, and saw Mr..
Robinson when be was knocked down.
He assisted in putting him In the sleigh
and went to his home on Walnut street.
There was blood running down his face,
and be was unconscious.
Harry Hollis saw Mr.. Robinson as he
went down under the horse. The wit
ness was coming up French street, and
was about fifteen yards distant when he
was Knocked down. There were three
sleighs, and from the looks OF them the
witness judged they were racing; he
thought they were going at a rate oi
eight or ten miles an hour. When lie
first saw the sleighs they were between
botOuu huo Auhu MI ~ p'hoNAs
belongs to the same lodge as the witness,
and he visited him at least once month
for I've or six months. A part of this
time he was very low, and could scarcely
talk
Frank Harp was running across French
street at the time the accident occurred.
His description Of the manner In which
the sleighs were coming did not differ
from that given by the other W tnesses.
He was very positive that the slei2hs
| were racing at the time.
John Banthem testified that when the
accident occurred he was at Second and
French streets, and witnessed 1t. There
were three sleighs coming, two of which
were abreast, and the other close In the
rear. He was positive that they were
racing.
Francis c. Simpson, the defendant,
was called to the staud, and in answer to
Mr.. Lore sad he horse that was attached
to the sleigh belonged to Harry Lowe, but
he did not know who owned the sleigh.
BE explained this by saying that there
were two sleighs in the stable, both alike,
one OF which belonged to him, but he
was not certain whether he had his own
sleigh or the other one. The harness be-
longed to his son Elmer
Mrs. Emma Wiley lives on Walnut
street about four or five doors from Mr..
Robinson. She saw him when he was
brought home unconscious, and he re-
mained In that condition until o'clock
at night.
This was the last witness called by the
plaintiff, aid Mr.. Nields ssked for q
non-suit, on the ground that II had not
been shown that the defendant was guilty
OF any negligence. There were se7era
other reasons stated, among them being
that it was the duty of the plaintiff, be.
fore attempting to cross q street to look
up and down to ascertain whether or moi
any team was approaching and that as II
had not been shown that he did this, he
was guilty of contributory negligence,
which would debar him from claiming
damages. The motion was denied, and
Mr.. Nields maioe his opening to the jury,
after which he commenced the examiua-
tion of witnesses for the dejeDRe.
Francis G. Simpson testified that about
4,30 O'Clock in the afternoon Of January
28th, 1888, be with his son Elmer, started
in sleigh from Eighth and Orange
street The witness was sitting on the
left side of the sleigh and his son was
driving.
The horse belonged to Harry Lowe,
but Elmer kept him at the club stables
for his use. The horse went along all
right until he got to Fourth and French
streets, when he seemed to be frightened
by the number of men that were stand
ing there. He turned down French street
at very fast gait, but the witness felt
confident that his son could manage him.
When near Second street coal wagon
came along, and the horse bore away
from IL and struck the man He stonDed
within eight or ten yards, and the wit
ness jumped out aud ran to the man,
who was lying on the ground. There
were no sleishs abreast of his sleigh, or
within half square of him when the
accident occurred. 1t was the first time
be had gone down French street that
day, and he was not racing. His son,
who was driving, 10 over 26 years of age
The witness was subjected to a search
Ing cross-examination by Mr.. Lore, and
when he closed, few minutes before q
O'Clock, Court took q recess until 10
O'Clock this morning.