The morning call., 1895-01-10

on approaching the corner signaled to the
conductor to stop the car. The car wa;
stopped, but as Bernstein alighled be
too impatiently.
In consequence Morris Bernstein was
thrown 10 the ground. received several
abraslOns of the knees and hands, H0t ia
mention the damage done to his clothes,
and suffered much bodily anguish and
mental suffering" thereby. 1t cost Bern
stein $50 to get mended, and be valued
the damage to his mental and bodily
health at $4,000, so he sued the Omnibus
Cable Company to recover $3.50 damages
The case occupied Tuesdays and yes
terday's session in Judge Hunts cour
before jury. There vas some little dis
crepancy in the cor plants. owing TO the
fact that in his first complaint Bern tein
averred that the car only slowed" at his
bidding. In an amended complaint he was
fam to admit hat it stopped" But tn
amended complaint went. just the same,
and evidence was put before the jury.
witness-stand. He told it as best be knew
how. and all was we'll. Against his aver
meDts, however. was the testimony given
by three disinterested witnesses, one an
employe of Senator Perkins. one plas-
terer and another no less parsonage than
live policeman. These three witnesses
testified that the car was stopped in obedi-
ence to the commands IF Morris Bernstein,
and that the latter in aighting from the
car was in rather too much of a hurry.
This was practically the testimony, backed
of course, by that of conductor aud grip
man.
Still. it was an even thing, and there
was evidence to show that Morris Bern
stein had got hurt on that occasion,
hal hrTh n nj h.
gence Of the company's servants.
But the defendant companv's attorney
had the misfortune to put Bernstein on
the stand again In rebuttal. and there was
trouble for Bernstein. The astute General
w. H. l.. Barnes, VINO represented the
railroad, had had nights sleep since the
taking of Bernstein's testimony in direct
examination, and he had also had time to
hunt up few queer particulars about
Bernstein. So the following questions
were asked and answered:
'Mr. Bernstein, how long have you
lived in this State ?"
'Thirty years." was the repIy.
'Where were you IN 1862" suddenly
asked the general
The witness manifestly did not want to
answer. Finally he said he believed ne
was In San Francisco in that year.
Yet that is more than thirty years ago.
is it not?"
"Certainly."
''Now where were you, exactly, in the
year 1861 ?"
There was some trouble In getting a
direct answer 10 this question, but at last
Bernstein was forced to admit that he was
in San Quentin. He had been convicted
and sentenced to term of imprisonment
for burglary. But" said Bernstein, 81
was only there year. The Governor par
doned me and set me free"
These were all the questions asked, but
Bernstein's counsel looked unwel Finally
the arguments came TO close and Judge
Hunt charged the jury. He cautioned
them particularly not to take any notice
whatever OF Bernstein's conviction and
Imprisonment. The Governors pardon
had restored him to civic rights, and he
was as much entitled to damages in an
upright cause as any one else. If they
found that he had met with his accident
through any fault of the company's ser.
wants, then they must award him ver-
diet, with suitable damages.
After ten minutes deliberation the jury
returned unanimous verdict In favor
of he railroad company.
Witty General Barnes.
Poor Morris Bernstein.