People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1898-02-10
Ifm'ered With a Witness.

Inc damage suit of Sam Palmer
against the Rock Island railroad,
which was concluded in district court
Saturday, was attended by a rather
sensational incident which places
W. +. Highly and A. A. Graham Of
Topeka, in bad light. J. W. Hur-
ley, witness tor the plaintiff, was, if
the story is true-and there IS every
evidence that is ls-waS approached
oy W. f. Highly. one of the witnesses
Tor the Rock Island, and offered S.5
to leave the state and stay away while
The suit was in progress. Hurley ac-
cepted toe money, Informed tue at
torneys for the plaintiff of the affair,
and left OStenSibly for his home in
Enid, but purpOsely stopped off at
Caldwell in order that the sheriff
might catch him and bring him back.
Hurley was Overtaken at Caldwell
and brought back to testify in the
case. HIS testimony had much to do
with the result of the suit.
Hurley was beating his way Oh the
train that ran into Palmer at a cross.
Ing near Caldwell in 1892, and saw the
accident that resulted in the suit for
damages. In the former trial in dis
trict court bis testimony was not
offered, the plaintiff being unaware of
the existance of such a witness. The
first Trial resulted in verdict for she
plaintiff. A new trial was asked for
and overruled by J. a. Ray, who was
then Judge. An appeal was taken t.
the supreme court. Their petition in
error was dismissed. While the Sec
0nd trial was pending, Hurley was
discovered by Palmer. One day But
ley saw Palmer on his claim ner Euid.
and remarked: swell you're not dead
YETI" A further conversation be-
tween the two revealed the fact that
Hurley had seen the accident as
stated.
At lthe beginning Of the second
trial of the suit last week, Attorney
Schwinn, for the plaintiff, in his OPEN
ing statement to The court, said that
he expected to prove this fact. 1t was
a complete surprise to the defense.
Before Hurley was put on the witness
stand he was approached by w. F.
Highly, witness for the defense, and
offered $40 to go back to Enid and re.
main thrre until the trial was over.
Hurley remarked that that was not
enough money. He was then offered
S25. He promised to consider The
offer and went forthwith to MeS>rs.
Schwiun and Ray, the attorneys for
the plaintiff, and told them OF it.
Highly waS to meet Hurley at the
"Evange ne" play at the opera house
last Wednesday night, when the
money would lie paid to him If he had
made up his mind to accept it. Tha,
. night after the show was over while
the people were leaving the opera
house, Highly approached Hurley aud
put S25 in his hand. Hurley wCni
to W. ". Schwinn'S law office auQ
showed The attorneys the motley
and said that he was going to start
for home, but would give the officers
chance 70 apprehend him al Cald-
well. Sheriff Heskett went to CAD
well Immediately, and when HuTey
stopped IF he took him in charge. A
Rock Island telegram was sent here
from Caldwell, informing Highly that
the sheriff had caught Hurley,
and Highv telegraphed back to Hug'ry
not TO return and ordered some re
down thHre TO get Il rig and Dir se
Hurley over inl0 the Territory.
Hurley was brought back 20 Wei.
lington and testified at the trial. g he
jury was nut from u o'clock noon Sat-
urday ur'il 6 o'clock and brought IL a
verdict ~ favor of the plaintiff for
$1,000.
Hurler says that Highly was in con-
slant communication with A. A. Ora.