Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-25
The Case of Hanley Va. the North
ern Pacific Occupies Most of
the Day.
Judge Caldwell Allows tue jury
men Their Liberty tor the
Night.
The City Council Meet and the Mayor
Appoints the Standing Com
,mittees.
U. S. Circuit Court.
From Wednesdays Daily.l

IcTOn wednesdays Dauy.J
On the opening of court yesterday the
case of Everett VS.. the Northern Pacific
railroad company was proceeded with.
Counsel for defense moved that the
court instruct the jury to render a verdict
in favor Of the defendant for the reason
that no evidence had been presented show
ing that the company had contributed by
neglect on its part. to the accident by which
the plaintiff had been injured. The mo-
ton was overruled by the court and the de-
Tense proceeded with its testimony.
DR.. De Puy was first examined as the
physician who attended upon sthe plaintiff
after he received his injuries, and his testi-
mony being important was subjected to a
rigid cross-examination without materially
changing the complexion of the direct.
The other witnesses called were F. j.
Whiddon, switchman in the employ of the
N. p; Z. R. Webber, formerly yard master
at Jamestown and at!present a %canductor;
Ed. Withheld. in charge of the cOmpany'S
lumber yard at Jamestown; Frank A.
Clemens, yard master, and Mr.. Sanford,
night yard master.
In rebuttal attorney for plaintiff called
1udUlluu EfClCGG dLlu VIC plhlllUul, UuG
nothing of Importance was ELECTED.
At 12:l5 p. IN. the court gave the jury a
recess til! 2 o'clock, the court remaining in
session for nearly an hOur longer listening
to and discussing a renewed motion and
argument of the attorney for the defense
asking the court to instruct the jury to
render a verdict as requested before the
introduction of testimony on the part of
the defendant.
The court would not consent TO take the
case out of the hands of the jury, giving
the cOunselS an open field and a fair fight
for the interests of their respective clients.
After recess Mr.. Glaspel in a fifteen
argument. Mr.. Watson spoke about three
quarters of an hour for the defense, and
the plaintiff closed with a half-hour argu-
ment.
Judge Caldwell charged the jury with
the ease, fairness and dignity of a sound
quarter OF a century's experience. The
close attention given to all his u%tterances
by the attorneys present, the jury and the
spectators, attested the interest felt in the
judge, as we'll as the case under considera-
ton.
1t was nearly 4 o'clock when the jury re-
tired.
The next case called was another rail-
road damage suit: Geo. Hanley VS.. the
Northern Pacific railroad, for injuries re-
ceived by the collision of a passenger train
with q hand car near jamestown, Dec. l,
1883. The same attorneys appeared as in
the other case. The amount of damages
claimed, $4,000. The following jury was
%empaneled: Enos Gray, q. P. Thurston,
F. W. Sheffield, J. S. Wiser, VIM. Lloyd,
Arthur Elliott. Louis Hick, Andrew Walk
er, r. A.. Shattuck, Horace Hance, Harry
Harris, E. II. Wilson.
The plaintiffs attorney examined several
Witnesses. among whom wara n0pt0rs
Frazer and Kendrick and V. s. Lindh, and
read dispositions Of others.
Before concluding, the jury on the first
named case came in and returned a verdict
in favor Of the plaintiff, Everett, fixing the
damages at $1,000.
A little after i o'clock the court adjourned
until 10 o'clock this forenoon.