Arizona republican., 1894-09-11
A SECOND VERDICT.
Mike Welsh of Tombstone is
 Given $5,OOO.
A Suit for Damages of so Much Im- portance That Witnesses Are
 Brought From England.

In the somewhat celebrated case of Michael Welsh vs. Geo. W. Seaverns and Quincy A. Shaw to recover dam ages for personal injuries, jury at Tombstone on Saturday night found a verdict for the plaintiff for $5, 1000. This is the second trial and is something of a coincidence since at the former tr1al last November before another judge. a diff ferent jury and in the light of a less volume and quite different evidence, a verdict for precisely the same amount was rendered the plaintiff.
 Welsh was represented by Judge Still we'll of Phoenix, who has had the case from the beginning. Col. Herring ap- peared for the defendants, who are wealthy Massachusetts parties. The trial occupied four days three of which were taken in the hearing of the evil dence. It was of a very voluminous character and embraced great deal of expert testimony relating to the tim bering of mines. The arguments took up nearly the whole of the fourth day
 The accident on which the claim for damages is based occurred a year ago last April at mine seventeen miles southeast of Tombstone. While en- gagged in the removal of a large stone lodged in the footwall the plaintiff fell through the bottom of the stope and half dozen sets of heavy timbering fell upon him, breaking leg in two places and severely lacerating his head. The injuries were permanent.
 Suit was brought and the case was tried at the November term of court before Judge Sloan. A verdict for $5,000 was otained, but was set aside on the ground of an insufficiency of evidence.
 Judge Bethune presided at the trial just closed and his rulings and general demeanor on the bench have raised him in the opinions of lawyers.
 Very elaborate instructions were asked for on both sides and granted and full-sized models of what is known as the American system of tim bering" were placed on exhibition. A great deal of expert testimony on this subject was also submitted.
 An unusual thing in 8 court room oc. cured during the argument. At the close of a masterly address of two hours and half covering every possible phase of the case Col. Herring was taken by the hand by Judge Stllweil and warmly congratulated on what the judge de- clared to be the most superb legal effort within his experience.
 Among the testimony was that of some Cornish miners employed at the mine at the time of the accident but who returned to England before the first trial came on. They were brought back for the defense at the trial just closed. One thing sought to be shown at this trial was that the plaintiff hay ing been carried out of the mine to the assay office told one of these Cornish men that the accident was the result of his own carelessness, though no such defense had been offered at the first trial.
 Following Col. Herring Judge Stil- we'll continued his eulogium upon the skill, eloquence and industry of his op- ponent and suggested to the jury the mprobability that so excellent law yer should have overlooked at the first trial evidence of so much importance to his clients. "Gentlemen of the jury" said he, "that testimony is imported from Great Britain under heavy pro- tective tariff system. The tariff was pad as an export duty and it has been held in bond"
 Changing the figure, he continued, "This testimony assays suspiciously high. fear it has been 'salted' with the defendants gold. It's general ap- pearance is spocketty.
 The defendants filed motion for & new trial. The motion was overruled and notice of appeal was given.