Great Falls weekly tribune., 1896-09-25
TWENTY THOUSAND DOLLARS
Suit of Mrs. Mary Pierce for That
Sum Now on Trial in the
District Court.
William Mcmillan Would Be Pleased
to Have Another Trial-Bur-
glars Sentenced,

III tIlc hlSGllCl COult uCDAuy ibOih
ing the trial was begun of the suit of
Mary Pierce We. the Great Falls IL Can
ada Railway Co., an action to recover
$4,000, alleged damages for personal in
juries. Largent g. Huntoon are attor-
neys for plaintiff and Il. f. Brady and
G. w. Taylor for defendant, with G. F.
P. Conybesre Of Lethbridge Of counsel.
Mrs. Pierce, the plaintiff, is the wife OF
James Pierce. The family formerly re-
sided in Helena, but for about two years
have been in Lsthbridge, Alberta,
n. W.T.
On Dec. q, 1895, they started from
Lethbridge, via the Great Falls g. Can
ada railroad, for Great Falls, where they
intended to visit. AS will be remem
bered by TRIBUNE readers, the coach at
tached to the train was derailed, over
turned, and burned. local officials Of the
company claiming at the time that the
wind, which was unusually high that
day, had blown the coach from the track
The officials also claimed that no one
was injured.
The complaint alleges that the de-
fendant, at Lethbridge, for valuable
consideration, as a common carrier, un-
dertook to safely convey plaintiff to
bed and track, south of Coutts, in Teton
county, were defective and that defend
ants employees we're incompetent; that,
bx roopop pf tho 6ofacto in tho rood bod
and track and the incompetency OF the
employees, the coach in which plaintiff
was riding WAS derailed, overturned and
burned; and that, by the accident, plant
if was injured to such an extent that the
damages sued for are proper compensa.
ton.
The plaintiff claims that by the acci-
dent she sustained severe internal nJur-
les to delicate organs, from which she
will always suffer, and that her heel was
so badly Gu. that her foot will always be
stiff.
The attorneys for plaintiff claim that
the Pierce family had retired and when
the accident occurred, about 3 a. m.,
were all en- dishabille; that they were
unable to leave the burning coach until
an exit had been cut by men with axes,
and that they were then compelled to
remain in the cold for three hours, thus
adding to the severity of their I'M uries.
The suit was instituted Jan. | , 1896,
and at the same time William Pierce, II
son, and Maud Pierce, a daughter, inst
tuted suit for $4,000 each, and James f..
Pierce, the youngest SOD, inetituted suit
for $4,000, all alleging that they had
been injured in the accident, but these
suits were Rfterward dismissed, each
plaintiff failing to file the required bond,
The defense claim that the coach was
blown from the track by the wind, and,
as this was an act Of Providence, asl,
that they be acquitted of all liability.
The attorneys for plaintiff scout the
claim that the coach was blown from the
track and assert that they will prove
that the wind WIS insufficient in force to
blow the coach from the track and will
also show by attendant circumstances
that the accident could have been due to
nothing elee than negligence, incompe-
tency OF employees end faulty construc-
ton.
The entire day was consumed in TAX
ing evidence for plaintiff, which had not
been concluded when court adjourned
until $3.50 a. N. today. There is large
number OF Witnesses for each party and
the trial will probably not be concluded
today.
Another suit pending agalnst the
same defendant ie that in which james
Pierce, husband of Mary Pierce, seeks to
recover s5l25O the alleged value Of
clothing, etc, destroyed in the wreck.
In the case of the State vs.. William
Mcmillan, convicted of rape and SEN
fenced to imprisonment for life, notice
Of intention TO move for. new trial was
given and defendant was allowed 30
days in which to prepare a bill of excep-
tons, to use on appeal.
In the case Of the State vs., Joseph
Matthews. convicted Of having 10 bis
possession counterfeit coins with intent
to utter and pass the same, and SEN
fenced to four years imprisonment, two
years of the sentence WAS remitted ana
sentence Of two years imprisonment was
imposed.
County Attorney Freeman filed infor,
nations charging Edward Wicgan and
Jesse IIetin with burglary, in that they
entered the basement of the Old lit
Edge concert hail and stole quantity Of
Iiquor that was stored therein Mr..
Freeman stated to the court that. al
though the defendants were guilty of
burglary, he was altistied that they com
! nittpd the crime while very drunk and
that thcy had borne goodreputatlon in
the community for years, he therefore
asked that they bo permitted to plea