The Saint Paul globe., 1896-12-19
rs A THUNDER CLAP
CAME THE ACTION OF ATTORNEY
j. ID. O'BRIEN IN THE FONDA
CASE.
HAD THE CASE DISMISSED.
SECOND TRIAL OF THE DAMAGE
SUIT AGAINST THE STREET
RAILWAY.
SENSATIONAL RuMoRs ARorND.
Led Him to Take the Unexpected
Action.

The case brought by James NJ Fonda
against the St. Paul Street Railway
company to recover damages for in
juries received by being run down by
Seventh street car and crippled for
life came to an abrupt termination yes
terday. The case was being tried by
Judge Kelly and a struck jury and
was commenced Thursday afternoon.
When court adjourned Thursday night
nearly all the evidence for the plaintiff
had been heard. Judge Kelly yester-
day morning transacted some routine
business regarding jury cases, and
when this had been done turned to the
attorneys in the Fonda case and an
nounced that they might proceed. John
d. O'Brien, of the firm of Stevens,
O'Brien, Cole and Albrecht, who had
charge of the case for Mr. Fonda, in
stead Of proceeding with the trial re-
Quested the court to direct the clerk
to enter upon the records an order that
the plaintiff asked that the case be
dismissed. The request, coming as it
did in the middle of the trial. simply
paralyzed, If the term might be used,
not only the court and the attorneys
for the street car company, but the
was said, and after moments silence
Judge Kelly directed the clerk to make
the order as requested by the plaintiffs
attorney, and the struck jury was, by
order of the court, discharged.
The standing of the attorneys for the
plaintiff and the sudden ending of the
trial was the subject of considerable
comment among members of the bar
and those interested In the case, who
heard of the action, and was the gen
eral topic of conversation about the
court house during the balance Of the
day. Friends of the plaintiff were not
only surprised but annoyed at the ter
nlination of the suit, and the question
was frequently asked as to what the
reasons were for the case being dis
missed. There were sensational rumors
and reasons given by outsiders as to
the cause for the action, but nothing
authentic could be learned.
w. A. Fonda, brother of the plain
tiff, when asked as to the reason for
the case being dismissed, said they
were up against it, and concluded
not to go on. The case, he said would
undoubtedly come up again, but just
when he could not say. 1t would noS
however, be tried again until the next
term of court The case he said had
been tried once before and the struck
jury which heard the evidence were
not able to arrive at a verdict and dis
agreed. AS to the rumOr that the at
torneys for his brother were not sat
iSfied with the jury WHICH had been
struck, Mr.. Fonda was not prepared
to say and suggested thatthe best way
to ascertain the truth of the runlor
was to see the lawyers.
John d. O'Brien, when seen by re-
porter for the G o b e, said:
The case was dismissed for the rea-
son that, in my opinion, the best in
terests of my client would be sub
served by requesting dismissal at
this time
Mr.. O'Brien was asked If there was
any truth in the report that he had
dismissed the case because certain in
formation had come to him.
''Al that l care to say repeated
Mr.. O'Brien, SIS that the case was dis
missed for the reason that in my opin-
ion, the best interests of my client 4
would be subserved by requesting a
dismissal atthis time.
Mr.. OBrien did say however, that
the case had been tried before and the
struck jury were not able to agree on
a verdict. This time the case was also
being heard by a struck jury. Asked
if this would end the case, Mr. O'Brien
said it would not. 1t would be brought
UP again for trial but not for a month
CT SO. The decision to have the case
dismissed had not been arrived at un-
til yesterday morning and the action
taken would in no way prevent re-
trial when it was deemed advisable
The motion for dismissal, he thought
might have been a surprise to the at
torneys for the defendant and friends
of the plaintiff, but such things, while
perhaps, unusual in law cases, some
times occurred.