Evening journal., 1890-02-25
FERRY'S WILL UNBROKEN.
ANOTHER ATTEMPT WILL BE MADE
HOWEVER.


9. 30 o'clock, and the second lap in the
course of the Stradley damsge case was
begun.
Francis r. Vincent, fellow workman
of the plaintiff, at the Pullman Car
Works at the time of the accident, was
recalled to the witness-box and made to
state that he did not see the p, W. & B.
II r. conductor at his post when the
train with the shifter stopped about
eighty or ninety feet away from the car.
On cross examination he said he was in
the car just fifteen minutes before the
accident occurred. There were some
violent jerks and he jumped off the car
on the side nearest the works,
Lewis b. Sherer testified that he had
charge OF the trimming of the car in
which Stradley was laboring. He was on
the car and felt the jolt made by the
humping. He looked out the window.
saw the train moving at rapid rate and
was an eyewitness of Stradley's fall
The car when it left the table struck the
main track, raised on the rail and ran
about twenty four inches. then dropped
on the boarding and ran about eight feet.
The car ran full length of Pullman
car before it stopped 1t had run about
twenty-six feet before it struck Stradley.
The train moved with a jerk from the
first The witness did not see the con-
ductor or brakeman trying to stop the
train
Cross. examined by Mr.. Massey, he de.
scribed with great minuteness the marks
made on the rails by the fanges Of the
/ wheels and the distance the cars moved
before they stopped. He saw flesh ground
into the paint on the car. Dr. d. w.
Maull was called out of his turn as an
accommodation, by MIR, Bird. he per-
formed the operation of amputati0n on
Stradley's leg, because it was necessary
to save his life. The bone was crushed
in several places. He visited the wounded
man fifty-nine times. The patient suf-
fered excruciating bodily agony for long
period and was also in very depressed
mental state. He required a male nurse
and stimulants were constantly admin
istered. The Doctors bill was $12S.
At this point in the proceedings, the
progress Of the damage case was sus
pended and the jury in the Ferry will
case filed into court under the CONVOY of
bailif. As related exclusively in yes
terdsy's EVENING JOURNAL the verdi ct
was in favor of the defendant and the
validity of the will, made eight days
before the testator's death, was estab-
lished BY this decision the estate,
valued at SEQ. 900. reverts to the heirs Of
the late Mary Ann Ferry and the direct
relatives Of John Ferry are shut out
without penny. Immediately after the
poll Of the jury Attorney General Biggs
made q motion for a new trial, saying
that he woaid file his exceptions within
the prescribed period.
| Edward Aukenbach stated that he W is
at work on the car next to the box car at
the time Of the accident and had his at
tention attracted by the violent jerking.
William Brown also testified in regard to
| the violent Jerks. Alfred p Luke testi-
fed that he was at work on the car next
to the one on which Stradley was at
work. The noise Of violent jerks first
attracted his attention.
Daniel w. Fletcher was standing close
to the box car when the train started
The train started with violent jerk. He
saw car come OFF the table and run di.
rectly toward Stradley He saw the box
car jump the track, and jumped behind
che car where Stradley was to avoid
being struck. He did not see Stradley
He saw no conductor or brakeman. He
did not have much time to look for any.
He had to jump out Of the way.
Cross examined by Mr.. Massey, the
witness stated that he helped care for
Strsdley after he was hurt. The wheels
of the box car left the track at the table.
This Mornings Session.
Because Of the indisposition Of Judge
Houston Supreme Court did not resum,
the trial of the Stradley damage casl
until 10. 45 this morning. The bench wal
not the only concomitant of court which
seemed affected by the disagreeRble aud
depressing state of the weather, foi
there was but sprinkling Of LAWYERS
within the bar, the audience without
was comparatively small and ever
the robust and strident George V
Massey, counsel for the defence
complained of indisposition and begged
of the court permission to sit during tn,
progress Of the cross-examinstiOn.
The plaintiff was surrounded BY foui
or FIVE female members of his family
who watched the proceedings curiously
Andrew'J Gray was the first witness
called. He stated that he was genera
foreman of the Pullman Palace Ca
Works. He said that the company wal
almost in daily need Of shifter in tn
yards. While in the yards it was unde
the control of the conductor in charge o
that particular crew. crew consists o
an engineer, fireman, conducto
and about two brakemen. The
have the exclusive control Of the shifte
! after the instructions of the Pullman
+ Palace Car Company have been received
The yard foreman tells where he want
certain cars moved, then his authorit'
ceases. Continuing, he said in reply {
, Mr.. Birds question that on December II
1888, when Stradley was hurt. til
shifter was under the supreme control o
the conductor in the employ OF the p.
3. & B. r. R. Company.
oss-examined, the witness said tina
he had been general foreman Of the Pull
man shops for three years.
David II. Brooks, a colored man, EN-
! ployed in the Pullman works at tn
time of the accident, described how b
helped pinch off" the wrecked ca
after the catastrophe. He saw th
! shifter begin to move rapidly, heard tn
! violent humping and saw the Jerks. hi
! attention was particularly attracted {
Stradley He saw him attempt to elm
! the ladder on which he was standing /
the roof of the car. There was no othe
a apparent means Of escape than thf
Witness then described the fall Of StraC
q ley, and how he was pinnioned an
: crushed.
Brooks was cross-examined by Nj
Massey, but no further interesting par
ticulars were CLEANED.
4 After this witness was dismissed "a
= following employees Of the Pullman Pa
- ace Car Company at the time Of the acct