The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-12-21
An AmoEoUs CONDUCTOR.
xgeesstve Attention 10 Lady Passsngsr
Causes Damage Suit.

The suit of Mrs. 4. L. Smith against the
rnion Pacific Railway Company for &c.,
90 damages occasioned by the assault of q
+ rear ago, 10 on trial in the United States
circuit court. Mrs. Smith IL resident Of
this city, and on November %. 1852, she
bousht a ticket for Pueblo. Colo. via the
Uaion Pacific, intending to 20 TO Trinidad,
Colo She occupied q seat in the day
each out OF Portland, and was i'll all day
hng. She was comforted as much as pos
Ehls by some ladies on the train. and espe-
esziIy by Mrs. Alexander Hamilton, with
shom she thus became acquainted. The
sorry IS told on the stand by Mrs. Smith
snd Mrs. Hamilton is as follows:
In the evening the train arrived at PEN
aie.on, Or, the end of division, where
Conductors are changed. The new con-
duetor taking the train Was Joseph
0Byrne. As night Was coming on Mrs.
emith's friends advised her 60 take q
brth in the tourist sleeper and she con-
GUIDED to do so. but at the suggestion of
Mrs. Hamilton waited until the conductor
cane around to carry in her traps. She
Lad been reclining oil day across couple
Of seats facing each other. and was In this
posture when the conductor came around.
When told what Mrs. Smith desired he
induIged In undue familiarity towards her,
ssysn In the presence Of car full Of people
sad with Mrs. Hamilton sit
sng alongside Mrs. Smith. As
h. act was only momentary.
lAey sfterward thought IL was only
q rough mans way OF show
Ing sympathy for q woman IN Ill
asss. He cheerfuliy scceded to the
request TO have her things taken into
the tourist car, and when Mrs. HamiI-
ton offered To- also assist he told her to
never mind, he would do it himself. 1t
vas about 10 O'Clock Mt night when the
removal was made. and most Of the bcrths
h the tourist car were made up tor the
Passengers. many of whom had retired.
After depositlng her bundles on the seat
and rack ne mt once sat himself down by
Mrs. smiths side. when she reproached
him for his former conduct and evident
feeling toward her. He made tho excuse
that he could not control his feelings, end
Ing by taking Mrs Smiths face between
bis hands and kissing her. In her indig-
nation she rose and left him, taking q
seat on the other side of the car. He
Immediately followed her. again seating
himself by her side. throwing his arms
around her neck and kissing her and TAX
lag other liberties. On fret coming into
the car she had slipped of her shoes, and
alter the assault she arose and lied through
the train in her stocking feet. As result
Of this outrageous treatment she says that
she was rendered very i'll aud suffered q
great deal
The defendant has as yet placed only
one witness on the stand and, while the
assault is not dsuied, IL is the intention to
prove that 1t was not committed by
oByrne, tho conductor, but by some one
Who was not in the employ of the CON-
rany. The damages will also be mini
mssed. o'Byrne is In Mexico at the pres
ems time. but the plaintiffs attorneys con-
eide that If he were present he would deny
making the assault. One point the de-
hnse brought out in the eross-examina-
ton OF the rlainti6 and Mrs. Hamilton
sndins TO help its theory of defense, Was
That while neither OF the witnesses noticed
any such defect on the part OF o'Byrne.
taeir nrst witness testified that o Byrne
asd lost two fingers from one of his hands.
Mrs. Smith Is good.looking. though
rather spare woman of about IS years, and
eeass herself very modestiy.