The herald., 1896-01-10
Mr.. Bradbury Tells How His
Coach was Overturned
THE ACCIDENT UNAVOIDABLE
Ills Story is CorrObOrated by Several of
His Guests
most Conciuded-Mr. Brooks Fined for
Contempt-0eneraI Court Notes


court room yesterday morning, at the
trial of the damage suit Of Don Ostiano
Ocampo against Colonel John Bradbury
for $25 900, for injuries received in an ac-
cident while in the employ Of the la ter on
coaching trip to Santa Barbara. The
proceedin IS we're very comm )nplace, how
ever, and if there were any sensational in
cidents on that trip, as has been reported,
they did not come out in evidence.
DR.. Joseph Kurtz was the first witness
put on the stand yesterday morning. He
had treated campo for some time after
he had received his injuries, and consid-
cred them of a permanent character. The
doctor said that there was an injury to the
hip joint which did not yield to treatment,
do nothing with it. Ocampo was also in
jured in one of his knee joints, but he uu-
dersiood this was of long standing, and
had resul ed from disease. The plaintiff
came to him for treatment in June, 1894,
just after leaving Santa Barbara, where
he had been treated by DR.. Winchester.
DR.. Winches er. who treated OcampO at
Santa Barbara just after the accident, was
next called. DR.. Winchester said that he
was called to attend 0 .ampo at the San
Marcos hotel. He found him suffering
great pain from an injury to the hip joint.
After treating him for two weeks, DR..
Winchester said, Ocampo was removed to
Los Angeles. He considered the injury to
the hip joint permanent one. Colonel
bradbury and mis- party were al the San
Marcos. His bill for treating Ocampo, DIR.
Winchester said, was paid by Colonel
Bradbury, who also provided nurse for
the injured man. The witness, on cross
stated to any one that Ocampo had said
that his hip was injured before; the con-
trary was the case.
at this point the plaintiff rested, when
Mr.. Lamme moved for non-suit on the
ground that there was not suff1 .innt evil
denee to justify verdict aEainst the de-
fendant, and further, that IL Colonel Brad
bury was not in very fit condition for driv-
ing, Ocampo. having been with him, knew
his condition and therefore could not plead
negligence on the colonel's part.
Judge Shaw denied the motion, and the
defense called Ocampo to the stand. The
witness was asked ii he had not, in con-
versatlon with Mr. Dater at the San Mar
cos hotel in Santa Barbara, on the day al ter
the accident, told him it was purely an ac-
cident, and that if he had been driving
himself tho accident would have happened
just the same. Ocampo emphatic lily de-
MED that any such conversation had taken
place or that he had ever made any such
remark, when he was excused.
Henry Datar was the next witness. Mr..
Dater testified that he was one of the
coaching party in May, 1894. The coach
was Concord wagon, sometimes called a
"mud wago l." On the day of the accident
Mr.. Dater said the party left the hotel bs-
tween 10 and IL O'Clock. He had been
with Col. Bradbury all during the day be-
fore, and that gentleman was perfectly
sober all during that time, and at the time
of the accident. Mr. Dater said the road
was quite narrow and not in very good con-
lss.~
the embankment. AT the time he was sit
ting on the middle seat between Mrs. Brad
bury and Miss Smith. He called out to
Mr.. Bradbury to look out, that the road
was very narrow, and the latter replied
that he would He felt the hind wheels
going down and told Miss Smi h to jump,
but girl like she seized the seat rail in front
and neither jumped. and it prevented him
from jumping. The horses we're walking
when the accident occurred. Mr.. Brad
bury was driving very carefully at the
time of the accident. The outs de wheel
had been sinking for quite Il little distance
before the accident occurred and the bank
down which the coach could be seen to
have caved at the point of the accident.
In regard to the conversation between
himself and Ocampo, at the San Marcos
hotel in Santa Barhal a, Mr.. Dater testified
that Ocampo told him that the accident
was unavoidable and could not have been
helped
Mr.. Dater was subjected to very lengthy
cross-examination, but was not shaken in
any material point, and when he concluded
the noon recess was reached.
At the afternoon session Henry Reese,
Thomas hrisman, w. W. Norris and j. T.
Huston were examined in rapid succession,
but their testimony was comparatively un-
important, being in the main corroborative
of that of Mr.. Dster.
Then Colonel Bradbury took the stand in
his own defense. The colonel was good
witness. bsing absolutely fair, and did not
show the slightest hesitation in answering
any of the questions asked. His
manner was easy, his department cor
rect. and he gave his testimony in a
straigh forward way that carried conviction
with il. Colonel Bradbury told about his
preliminary arrangements for the trip,
which was solely for pleasure. Ocampo
was lot engaged as driver or servant,
but as guide, as he profsssed 10 know the
roads over which the trip was to be m ade.
The colonel said that the party arted out
from Los Angeles with six bottles of cham
payne, two bottles of whisky and four Of
port wine. This was the only refresh
ments The party had. The colonel gave a
driving very carefully at the time, the
horses being as near walk as it
was posi- Die to to bring them. The acci-
dent was caused by the sliding of the earth
on the ocean side of the road, which was
soft and yielding, being fill. The hind
wheels of the coach slid off the
bank, carrying the coach with it, which
broke the king bolt and the horses at.
tached to the front wheels continued up
the road, while the coach remained be.
hind. The colonel said that he himself
was caught under the coach and was
knocked senseless, but on recovery took
such steps as he could to get the outfit to.
gether again On arriving at Santa Bar
bara he had done every thing possible for
Ocampo's comfort He had paid all his
Doctors bills, hired him a nurse, and
when he was able had him removed to Los
Angeles, where he also secured him med
ical attendance and paid the bills. Col
onel Bradbury emphatically denied that
he was in condi ion which untitled him
for handling his team. He had paid all
of OcampO's expenses simply because he
was hurt while in his employ, aud as he
was able to do so, he did it. This was all
there was about the matter, and he did not
think that Ocampo was entitled to any
damages.
During the taking of Colonel Bradbury's
testimony Mr.. r)oks was reprimanded
several times by the court. and at last
succeeded in having S. fine assessed
against him for contempt.
Argument will begin this morning, and
it ia believed it will go to the jury by noo n.
FIuke Again Convicted
Harry Fluke, the Pasadena restaurant
keeper, was convicted by a jury in depart
ment OF the superior court of having vio-
lated the liquor ordinance of that city.
Tuduo Sr1ifb doo;Io1 thot Tho ,v<1; I, NM,