St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-13
THE WEBER JURY OUT.
COUNSEL ON BOTH SIDES BE-
COME ABUSIVE.
JUDGE BRlLu'SABLE CHARGE
Considerable Time Taken Up in
Introducing Expert Test1-
mony as to the Letters.

The big damage suit OF John
E. Weber against the street railway
company was given to the jury IN
Judge Brill's court last evening, with
instructions-to return sealed Verdlct
in case they reached an agreement be-
fore the opening of court this morning.
Up to o'clock this morning the jury
was still celebrating, so the chances
are that there will be a disagreement
The defense yesterday morning
called Prof C. c. Curtiss, of the Cur
tiss business college, and j. S. Bryant
teller in the Merchants National
bank, to give expert testimony on the
handwriting in the two letters alleged
| to have been written by Weber. The
two witnesses compared the writing
with the signature Of Weber on a
check, and gave it as their opinion
that theWriting was done by the same
person. Kate Weber and Maggie Web
/ err, nieces of the plaintiff, were called
| in rebuttal to testify regarding Web
er's actions during the time they have
been taking care of him. Drs. Fulton
and McCord were also called in re-
buttal by the plaintiff.
IL w eto ilCsii ~ q " SIOSh OcIOI e AllOI-
ney Mum began his address to the
jury. He gave a very careful review
of the testimony, and declared that
Weber's condition is due to his at
tempt to deceive. He scored the at
torney for the plaintiff for introducing
the three photographs of Weber,
characterizing it as an attempt to in
f1uence the. jury by an appeal to senti-
ment.
Attorney c. D. O'Brien made an ex-
cellent argument for the plaintiff He
said in part, that the defense had at
tempted to prove the plaintiff liar
and a fraud, and it seems that it
would be in good taste for them to
clear their own skirts as they went
along. They had not proved any
! thing, he said.
at is an open question:" he said,
whether Weber was injured in the
street car collision or not, and if he
was, it is an open question whether
his present condition is due to that
injury, but when they come in here
and attemt to blacken his character
by charging that he was a gambler
and Is trying to perpetrate a fraud,
they are going too far. l care nothing
for the amount involved in this case,
but do care something for character
and manhood, and 1 protest against
the assault that has been made here
on this mans character without word
of testimony to prove their asser-
tons.
Now, in regard to these letters, I
am not prepared to say hat Weber did
not write them. But I do say there is
no evidence to show that he did. Even
if he did, is it anything more than nat
ural that man having a claim
against a company for injuries Sus-
tanned under the circumstances it is
claimed this mans were will endeavor
to make mis- case as bad as he can
within the bounds of reasons? The
fact that he might desire to make his
case as strong as possible does not in
any degree lessen the injuries he sus-
tanned.
But there is something peculiar
about these two letters. You will no
tice the first letter starts out by saying
I have written you several times But
there is not a word of testimony re-
garding any but two letters. Where
are tnose otier feeteIs why was not
DR.. Suitor asked about them?"
rHe was ventured Attorney Mum.
He was not" yelled Mr.. O'Brian,
bringing his hand down on the railing
in front of the jury. In conclusion,
Mr.. O'Brien said it made no difference
whether the disease from which the
| plaintiff is suffering was organic or
functional paralysis, the fact for the
jury to consider were whether he was
injured in the collision, and if so,
whether his present condition is due to
these injuries.
Judge Brill then charged the jury,
and it was after 5 o'clock before they
retired to deliberate on a verdict