Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-01-06
PROVO. UTAH,


Warner g. Houtz appeared for plain
tiff and Judge Howat and 5. Il. Thur
man for defendant in the $4,000 dam
age suit commenced yesterday morning
in the Fourth district court by w. b.
Slick agaist the Rio Grande Western
Railway company. Mr.. Slick was the
first witness. He testified that on the
evening of the 25th Of November about
8 o'clock, he went to the depot in Provo
to go to salt Lake City on the Rio
Grande Western Railway train. The
train was late and he had gone with
friend. Mr.. Coleman, across the track
to a restaurant, where his friend want
ed to get something to eat. Mr.. Slick
had gone some distance west of the
depot, and when the train arrived his
friend came out and called to plain
tin that the train was coming, and
told him to get on any place where
he could, as he (Coleman) could get on
anywhere. Mr.. Slick saw n brakeman
with n lantern standing on platform,
and jumped on this platform. which
proved to be the first platform of the
baggage car. The brakeman SAID:
What do You want here?" Plaintin
replied that he was going to salt Lake,
and tried to enter the car, supposing
1t to be passenger, car. The brake
man said: you are, ,are You, YOU -
IS" and struck 'plaintin, knocked
him against the tender, and threw a
lump of coal Mt him, striking him on
the head At this time the train was
stopped and plaintiff got off and the
brakeman again struck plaintiff and
knocked him down. Mr.. Coleman. who
had got In the chair car, called out to
plaintiff to come here, and came TO
the ground to help5'him on the chair
car. When they attempted to enter.
the conductor, Nj. Lynch, and the
brakeman. Mr.. simpson. objected TO
tnrf.s nd etr
kicked plaintiff and dragged him into
the smoking department where he was
again struck by the railway men, who
continued to strike him, at the same
time calling him vile names, till other
passengers intcrfered. The payment OF
the fare had not been calico LOT, anu
was not till some time after, when the
conductor came along and said, NOW
dig up." which plaintiff did. After
wards the conductor came in the snok-
ing department and remarked that
there appeared to have been some ms
take. Plaintiff replied that he did not
care to talk to him. but would get even
with both him and the brakeman The
| brakeman. Mr.. Simpson. also came ana
said 10 plaintiff that he understood he
snjd he would "set even" Plaintiff re-
Piled that he would get even Then
the brakeman said he could ge even
any Mace. on or off the train, and
cailed nlaintiff vile names. till he was
| nnrauaded to lesist by Mr., Coleman.
| Plaintiff described his hurts, and testi-
fed that he was confined to his beu Tor
several days on account OF MS IN
| juries.
Mr.. Slick was cross-examined in re,
gard to debts owing in Provo ana
| other places where he had previously
| lived, for the purpose OF affecting his
| credibility, and admitted owing Vari-
Gus sums This line OF cross-examinn-
| ton. however. was not carried so far
ms the defense desired. on account of
| vigorous objections by counsel for
plaintiff. He was thoroughly cross
| examined in regard TO the Sracas he
| had with the conductor and brakeman,
md was also asked Il he had said to n
MIR. Watson of Telluride, that he never
| mid for ride and did not propose to
| do so. This he denied; he also denied
| having said to any one at the depot at
| Provo, ON the night OF the 25th. TINT
| he could pay his fare to Salt Lake, but
| did not propose to do 80, but would
| beat" his way.
| James S. Coleman Of Salt Lake testi-
| fed substantially as Mr.. Slick, in re-
| gard 10 the trouble that took place on
| the train, SO far as he was acquainted
with II. He was cross-eNamined al
| length with regard 10 how he and Mr.,
| Slick had spent THANKSGIVING day and
| the manner In which they paid their
fares. The purpose being TO show
| that they were drinking and boarded
| the train on the might in question with
the intention of travelling to Salt Lake