, 1891-12-24
4 SAMPLE OF 1T
Some OF the Testimony IN the Calm and
Fire Insurance Case

Yesterday the trial continued Of Kahn
VS.. The Traders and Hartford Insurance
companies Tor certain insurance which he
claims is due him because OF the loss sus-
tanned by him in Dec. 1890 bv the burn
ing OF his grocery store on Eleventh
street in tins city. For three days the
trial had dragged along slowly and yes
terday was no exception to the rule. How
ever the trial promises to last several
days longer yet and the iurymen and
court officers are taking it fairly easy. For
hours and hours the Jury sat in their box
listening to the examinations of the wit
nesses. The monotony of the witnesses
statements was broken ever aud anon by
a lively tilt between the counsel, W. II.
Stoll, who represents the plaintiff. and
Judge Van Devanter, the deteuse..
There were seven witnesses examined
Yesterday. They were Messrs. Frank and
W. F. Miller, l., J. Jessup, William
Mast, H. A. Arp, T. 7. Woolens aud
Samuel Kahn.
Young Kahn is a son of the plaintiff
and during almost the entire afternoon
he was upon the witness stand aud under-
went one OF the most rigid and searching
examinations that has yet been given any
person at this term of the district court.
The young man was a clerk in the store
when it was burned last December. Soon
after the fire young Kahn and his father,
who was the proprietor Of the store made
out a list of the goods which. according
to bis story, amounted to something over
$1,000. These he described and told the
value Of each arti ,le. Judge Van De
vanter by a most exacting cross examina
ton rather confused the witness. The
cross questioning in part ran something
like this:
Judge Van Devanter-"Were there
any potatoes in the CELLAR
Witness-"Yes, but they were thrown
away
Judge Van Devauter-"Why were
they thrown away
Witness-"They were frozen
Judge NanDevanter-"DId you not say
there was water in the cellar and was it
frozen2"
Wirness-''No sir; could not the
potatoes have frozen without the water
freaziug?" Laughter,
Judge Van evanter-''DO you mean to
say that these potatoes were laying in
water and that they were frozen and that
the water did not ireeze?"
Wituess-''Yes sir"
Young Mr.. Kahn also became some
what mixed in telling about the lard. He
swore that the lard in the cellar was
frozen and also that 1t became water.
soaked and was worthless.
DO you not know that if the lard was
frozen water could not penetrate it and
that it was necessarily very hard2'
queried Judge NanDevan,cr.
Witness-"Yes, but"
Here Judge VanDevanter moved tina
they waive the evidence OF Mr., Kahn. a.
it was faulty in some respects and was
necessarily so in others. Il do not think
the witness remembers very much about
the case, remarked Judge NanDevanter.
His motion was ovcrruled by Judge
Scott and exceptions 10 the ruling were
taken. Court then took a recess until 7:3O.
Promptly at 7.2j the jurors filed in and
at once resumed their places in the Jury
box. At 100 sharp Judge Scott called
the court to order and the legal mill be-
gan to grind. Little transpired that
changed the case one way or the other,
and after a busy session Judge Scott
excused the jury until Saturday morning.