The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-01
SMITH DAMAGE SUIT.
Col. Lfndsny Covers y Mornan Wit
ness With Confusion--sarcns
Remarks About .sDrtu,.s-

This Smith damage suit. IN which George
E. Smith to ruling 20 recover SO =. from
ire urson Trunk linz for injuries from be-
Ing run down by street car on James
street lasf June. was IN progress all Gay
yesterday In tins civil department OF the
superior court. TIE testimony for the
street car company. defendant. was net
CONCLUDED until late in the afternoon. A.
ter submitting instructions. Col r. II.
Lindsay u1ads ire opening argument for
the prosecution. He indrlged in no invec-
tives against corpora tons such as are
common IN cases OF this kind. but on the
contrary freely concealed that ssrses cars
are OF great advantage TO the community.
At the s1Da time he thought II weil
esrlougc wher abuses or carel eSSress show
ed In the management or operation OF such
company. for jury to take the mat
ter in hand and draw the company Up 10
the line Of duty.
Col Lindsay dweIt largely on the exact
location ard topography al the scene Of
the accident. corner % Fourth avenue ard
James street During the noon recess the
jury, In charge OF Baili1 James 81. BreNs-
ter. had been taken down 10 view IRE
place where the accident had occurred.
and through the courtesy % the street ear
company they had the additional advant-
age OF having the very car With which the
accident had occurred run over the track
and stop at the place.
Col Lindsay also emphasized the fact
that no gong or alarm whatever had been
sounded IN ths car. Seine evidence had
been introduced TO SHOW that Smith At the
time OF the accident was partially insoxi-
Gated Col. Lindsay took the position that
even IL Smith had been drunk. which he
did nor think proved, Still Drunkenness
was not of Itself contrsbutory negligence,
and did not excuse the street car men for
not having exercised reasonable care.
L. are *rF
Lindsay argued. the ear men had been
culpably negligent He put before the jury
very strongly the evidence Of Mrs. Lutte
Bell a passenger on tire unfortunate car,
who had testified that az the time OF the
accident or an Instant before, he grip
man had been engaged In conversation
with her. bending over the ssat wAere sra
was
Col Lindsay took occasion 10 refer N
glowing colors 10 the charms Of Mrs Bel,
who had been on the witness stand ana
was then in the rear OF the court room. 40
his eloquent periots echoed 20 the loiy
calling the fair subject OF them was COW
ared with confusion and bushes. ard even
ne grave clerk at the desk, James Ska
ner was provoksf into a smile.
sT-he SNEAKER also brought Into prcfri-
,anra Smiths air OF srT1ihfnlnsss msiile
on the witness stand. and Dis general can
dor throughout the case. lie srgSea taRt
tho two drfakS tnaf cnsth "eAAUN se~sS~-
"a having taken before &c got on the car
d,a not constitute case OF drunkenness,
IA as he poke az the ten or twelve
srtnl1- TT aav which a man about town
sr..,uAntIv took with perfect impunity.
AGAIN taero vas smile. The speaker no.
ii, "a Il. and grew mildly sarcastic.
II &C. the leaned counsel on the otheF
side smiling" he said, turning % 49,
ys,ti, +. YIssTurhrey and John A. hamph-
80 100 seated. Il understand they ootf
60 sS-erv sunday % church. and would
-, Tor she world DO such taing as take
. srsnk. Bur II there are any os You gem
rl.rnsp IT the Jury. wno take oTink &C.
east. oaIly, az %. yoa VIII onoeFs'Ail0
what I an talking about
sss. -sxa u-,u b. re~a-sed this morning.
49,, A ps4mnhrieS making tire opening
z-.N 81 TIA HAfzrsa-