The herald., 1896-01-09
OCAKPO. BRADBURY CASE
Trial of the Suit Commenced
Before Judge Shaw
SUM DEMANDED IS $4,000
The Sequel to Coaching Trip to Santa
Barbara
The Wagon Went Over an Embankm snt While
Col. Bradbury Was Handling
the Reins

Quite a society air pervaded the atmos-
phere of Judge Shaw's court room yester-
day, the occasion being the opening of the
trial of the much-talked of damage snit OF
Don Ostiano Ocampo. against Col. John
Bradbury for $25 900, for Injuries received
while acting in the capacity of guide and
servant TO Col. Bradbury and party OF in
vited guests on a coaching trip from Los
Angeles to Santa Barbara.
All the parties in interest were promptly
on hand when the case was called. Col.
Bradbury occupied a seat by his counsel,
Judge L. H. Lamme, while at the other
table sat Don Ostiano beside his a torney,
Hon. Marion E. Brooks. Mrs. bradbury
with several lady friends occupied seats on
the ont row and apparently followed the
proceedings with close interest not un-
mixed vii amusement. There were some
what more than the usual number of slec-
tators in attendance. and altoget er the
trial was very entertaining.
The jury was secured with but little
trouble, and then Mr.. Brooks made his
opening statement. briefly outlining his
case. AS set forth in the case, Mr.. Brooks
said that hey expected to prove that on
the 23d of May, 1894, Don Ostiano started
out on the coaching trip of Colonel Brad
bury and his party in the capacity of guide,
coachman and all-round servant. The
party consisted of Colonel and Mrs. Brad
bury, Miss Mary Banning, Miss Smi h. Mr.
Norris of New York and Mr.. b. Dater
The coach was drawn by four spirited
horses, and the party was supplied with
everything that would add to the pleasure
of the trip. The journey was to be made
by easy stages. and they proceeded on
their way without special interest. except
81 ,-I r,I1t E0i,r ,f,
until Ventura was reached. Here the
party stopped over night at the Rose ho-
tel, and resumed the trip the next morn
ing. At the very start. said Mr. Brooks, it
was apparent to ell that Colonel Bradbury,
who insisted on driving, was not able to
handle the spirited team, and in turning
round in front of the hotel he almost over
turned the coach in the s rect. At any
rate, the party got under way without mis-
hap, but when about three miles west of
Ventura the colonel drove off the road and
the coach went down a small embankment
and was upset. All the members of lhe
party escaped without injury, beyond a
slight shaking up, with the exception of
Ocampo, who was caught under the coach
and received injuries to his back. spine and
hips which have crippled him for life, and
for which injuries he asks compensa tion.
The plaintiff then took the stand and the
taking of the testimony commenced.
t e accident, and can only get around with
difficulty. he is one of the best known
characters in Los Angeles, and for years
has made his headquarters about the livery
stables, making a good living by driving
touist parties about the country. Ocampo
was not bright witness, and getting his
testimony was a slow and tedious mat
ter. His name, he said, is Ostiano Ocam-
30. called Tommy" for short, and he was
born in Los Angeles, near The Plaza, in
1S49. In May, 1894. between the 10Th
and the ODD, Colonel Bradbury came to
him and said he was going to make a
coaching trip from Los Angeles to San
Francisco, and wanted him to go along as
sort of guide, driver and to look after the
horses: in fact. to act as q sort of general
servant to the party. The witness showed
disposition to digress and go into minute
details. but he was finally got down to the
facts, and it was learned til At after calling
on him three or four times to see about
horses, etc., Colonel Bradbury engaged him
to 20 in the capacity named ana agreed
40 pay him $40 for the "trip. Ocampo then
detailed the facts of the journey as far as
Ventura, Cal, Bradbury, he said, driving
all the way.
Then came the departure from the Rose
hotel on the morning of tho 26th, when
Mr., Brooks asked the witness as to the
character of Col. Bradburys driving as
they started out.
"What was his manner at the time?"
asked Mr.. Brooks.
''Why, we nearly upset in turning around
in front of the hotel" answered Ocampo.
But at this point the narrative was cut
short by an objection. which was, however,
overruled by Judge Shaw, and then Toni
my continued: 1--WE got to n little sand
hill and the ladies got out and walked un-
til we got to the top of the grade. Then we
stopped and all got on the coach again. A
l.
the horses and drove over the bank. The
road was pretty near level at this point.
The coach fell over on me, and Col. Brad
bury was also caught under it. | looked
around and saw his head and shoulders.
Mary banning came to me crying, and l
told her to shut up, that Col. Bradbury was
under the &C acn and we must get him out.
he was dazed when We got him out; he
looked around as if he did not know where
he was att
At this point Mr.. Brooks produced
series of photographs showing sketches of
the road on which the accident appened
also the exact spot, all of which were ad-
mitted as exhibits over the objections of
the defendant.
Ocampo then described in detail the acc-
dent, how it occurred and the condition of
the road, when the noon recess put a stop
to the hearing.
At the afternoon session Ocampo was
turned over 10 Judge Lainfnc Tor cross eX-
animation, which was long and tiresome,
as Ocampo could not follow the satire in
counsel questions and was frequently at
a loss how to express himself. Mr.. Ocampo
modestly admitted that he drank every
time he was asked.
The next witness was a venerable Mex
lean named Garcia, who gave his test-
mony through an inlerpre er, and who said
that he was by occupation vaquero. Gar
cla arrived on the scene shortly after the
accident and assisted in getting thugs in
shape, for which he was paid 81 by Col.
Bradbury. Garcia admit ed that bis ex-
penses had been paid by the constable at
Ventura, and that he had been shipped to
Los Angeles in care of Col. Brooks
S. p. kces and M. Wagner also testified,
but their testimony was uninportan. The
trial will be resumed this morning.
During The afternoon judges Clark and
McKin ey occupied the bench with Judge
Shaw for short time
The defense in the case is that Ocampo
was hired as guide, not as a coachman or
servant, and that he was not acquainted
with the roads. 1t is further alleged that
Ocampo would not have been Injured If he
had not jumped aud fell on his ''game" leg.
The T1cGreals Discharged
The McGreals, mother and son, arrested
on a charge of having disturbed the peace
of Poundmaster Christy, were yesterday
discharged by Township Justice Young.
Mrs. McGreal and her son rescued their
cows from the ponndmaster, which led to
the issuance of the warrants for their
arrest