The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-09
rae THORBURN CASE.
- Damages Asked on Account
of Franklin Riot.
. testimony OF POLLY LAW.
svears she was shot ~ ~
eusrds-cnrcoran Must Amend His
cenpiaint--The Court Biotssr.

=. t,;sI Of the SIS. GO damage SUI.
J 3 ,-ueht against The Oregon improvement
r~mreay and It's managers and M- c. Sui
800 the detective. By Mrs. Robert Thor
-. rife Of miner who was shot year
81 =. Issf summer at Franklin danng the
-. vss before Judge Humes Ia the su-
.s-sor court all day yesterday. The case
- cro5sbly not be concluded for day
5 fxo vet All the witnesses for the
-s.intif. twelve in number, hare been az
srsn>d. aud this morning Judge Humes
IN listen 70 the concluding argument Of
~ psaintsn's attorneys in answer TO the
zSserdsnts' motion for non-suit-
rAe case was called for trial yesterday
..eyrinr as soon IS court opened and, be-
.sa<s the plaintiff and her witnesses. there
w<rs present G. ]. Smith. general man.
srer OF the Oregon Improvement Com
sssy:T. b. Corey. mine superintendent
r. the same company: n. Carmichael.
smrloyed by the company during the
r,os. - guard: II. c. Sullivan and sew
sr.l others. The witnesses for the plain
ta were: Robert Thorburn, Z. b. Will
isns. T. b. Corey. C. ]. Smith. Luke Gis-
fosd. Anthony Sharp. w. Stevens, Polly
Isv. Mary Steel. DIR. J. Wotherspoon. Dr.
- -
TInothy Morgan, James stroud, David
Tdmonds, Mrs Capt Lewis. Mrs. Holt.
L B. Bullet, Joseph U.yatt and Thomas
Richards.
The testimony OF the majority OF the
Witnesses was uninteresting and merely
tended to corroDorate the stories OF the
sxo or three witnesses whose testimony
vss really considered important and to
The point.
Mrs. Thorburn knew very little beyond
the fact that she had been shot: by whom
and from what direction the shot was
fred she did not know. On the evening
/ Of June %, 1891, while standing in her
kitchen at Franklin she was struck by .
ballet which entered the fieshy part of her
right arm above the elbow. passing
through her left breast aud lodging in the
stays Of her eorsets on the opposite side.
Tie bullet was produced in court Drs. j.
wosherspoon and Morse Stewart testified
70 the nature of the wound, but no testi-
mony was introduced other than that of
Mrs. Thorburn herself tending to prove
that as result of the wound the plaintiffs
leii arm has since become paralyzed and
useless.
The story of Polly Law. plump m alden
who lived in franklin NJ the time Of the
riots. created quite . sensation and was
really the only interesting testimony given
during the trial. She said that on the
evening of June %, when the train from
Black Diamond pulled into Franklin there
was good deal Of shooting INDUCED in
BY those on board. She was walking with
several other girls along the railway tracks
ct the time. but got out OF the way when
the train was heard. As the train passed
Carmichael, who with one or two other
men were on the platform of the rear
coach. called out:
Hello. there's Polly Law: lets take
shot at her."
Polly testified that this frightened her
and her companions, and they ali ran for
the woods, and that before they reached
cover some one from the train shot at her,
the bullet hitting her hat aud knocking
out the feathers. Her story was confirmed
by Mary Steel. another young woman who
was one OF the party.
Several miners testified to the action of
the mine company in establishing a dead
line and allowing none of the white min
ers TO cross IL except In custody of suili-
van guard. The majority of the witnesses
testified to the shooting. but they could
not tell who commenced IL. The home of
the Thorburns, on the fats below the
mines, was described and sill the witnesses
swore that though the guards on the
train fred down In that direction the FIRE
was not returned, In fact there was not q
soul 90 be seen. the women and children
and miners having ran for the woods at
the tirst sound of the shooting. The i'm
preston Was that the guards on the train
we're intoxicated, but when the witnesses
were closely questioned they could not
swear that they knew the men had been
drinking or were under the influence of
liquor.
David Edmonds, OF this city. coal mine
Inspector, in company with his wife rode
from Black Diamond 10 Franklin on the
eventful night in question. He swore that
he saw sullivan guards on the train, but
did not see Carmichael, although he might
have been there. Some Of the men were
armed. Before Franklin was reached the
shooting commenced, by whom he could
not say. The first volley might have been
Erred from the brush at the train, but the
guards on the train were firing from the
windows OF the cara Mrs. Edmonds got
down between two seats and Mr.. Edmonds
would have got down also had there been
room. Both were very much excited.
Capt Foley aud another man were on the
platform Of the rear coach of the train.
lie thought Foley vas drunk. Foley was
shooting towards the bluf. but the other
man bred IN the direction of the fats,
where fhorbuFn and other white men
lad their home. lie couldn't tell whether
the train was fred on from the woods or
not
You didnf see anyone on the rear
coach shoot at any girls as the train went
Along. did your" asked the attorney for
The defendants
Il don't know" replied Mr.. Edmonds.
u can't remember"
twas late in the afternoon when the
las' witness for the plaintiff was put on
tas stand, bat the defendants attorney
immediately made motion for a non
sait On the ground that the PLAINTIFF had
he' proven her case. The plaintiffs At
Ssneys hsd net yet concluded their srgu-
nsni agains. the motion when Judge
H1res adjourned court until this mcrn-
ns 81 o'clock.
NOT LEGAL CORPORATION.