Evening journal., 1899-11-03
DONAHOE WANTS
$4,000 DAMAGES
Case Against B. & 0. Railroad
in U. S. Court Nearing an
End.
THE TESTIMONY is ALL IN

MICHAEL DONAHOE's ATTORNEYS
ASK THE JURY TO AWARD Al
VERDICT IN FAVOR OF THE
PLAINTIFF - ARGUMENTS on
BOTH SIDES.
The case Of Donahoe VS.. the Balti-
more and Ohio Railroad Company is
drawing TO an end in United States
Court This mornings session was
taken up with arguments by attorneys
LAWYERS ARGUMENT.
At this morning session Messrs. Bird
and Biggs presented their prayers to
the court. ]. X Bradford opened ar
gument for the plaintiff. He dwelt
upon the evidence produced in favor of
! his client, and concluded that Michael
Donahoe be awarded damages for his
wife's death to the amount OF S5.OO0
MR.. BIRD FOR DEFENSE.
Levi c. Bird, representing the de-
fendant company, made a forcible
speech on behalf OF the company TheI
first point dwelt upon was the testi-
mony given by the railroad employees
Mr. Bird stating that the time was past
when employees OF railroad companies
were compelled to testify in favor oil
the company by which they were em-
ployed in order to hold their positions.
The men now made the rules, by means
of unions. under which they worked.
QUESTIONS TO BE DETERMINED.
There are three questions to be de-
ltermined in this case" continued Mr.
Bird. First, was the station properly
ANNOUNCED by the trainmen?
Second, did that train stop at Della
ware avenue station long enough to al
low all passengers to get on and off the
cars?
Third, If Michael Donahoe was on
his feet at the time the train stopped at
J Delaware avenue station, as he testi-
fed to; what was he doing all that
time that passengers were getting on
and off the car? Two minutes is a long
time. l can walk from here to between
lShipley and Market streets on Ninth in
two minutes. II appears that Michael
lDonahoe and his wife were un-
able. for some reason, to go twelve or
i. fifteen feet. This is a most peculiar
case. A most remarkable case"
Mr.. Bird then referred to the con-
ltradiction OF statements made, both by
the plaintiff and defendants witnesses.
! Court adjourned at 1.15 o'clock. and
, Mr. Biggs. for the plaintiff, will ad-
dress the jury this afternoon.
THE TRAIN IN MOTION.
Charles Pickens testified yesterday
that on the night the accident occurred
he had boarded the train in question at
Delaware avenue station, as it was
about to start. After it was under way
he saw Mr.. Donahoe proceed down
the rear steps of the middle ear and
got on His wife followed him and he
called to her: Come on, come on"
The train was at the station from two
to three minutes. aDd some thirty or
forty persons got on and on.
A LEGAL sET-TO.
/ When Samuel Chambers was called
to the witness stand a legal breeze was
s aroused.
D Mr. Bird asked the witness If Mich
ael Donahoe did not make certain
D statements shortly after the accident
D relative to it.
4 Mr.. Biggs insisted that the witness
e state the exact words used by Mr.
p Donahoe, il any conversation took
S place claiming that such was the re-
[ quirement In criminal cases. The ar
4 gument on the question was heated be-
tween the attorneys for a few mo-
4 ments. Mr.. Bird stated that
( although he had a number Of witnesse.
to be examined along the same line. he
!. would break off until the question was
: settled
g TESTIMONY OF PHYSICIANS.
J. DR.. Joseph p Pyle was next called
l. by the defense. He stated that he hat
!. been called upon to treat Mrs. Donahoe
d He was not sure whether It was tn,
day following the alleged accident Of
the second day She complained o
pains in her left shoulder left breas
and hip An examination revealed n,
n, bones broken. Upon the left hip wal
1 bruise, the appearance Of which indi
< Gated that it had been inflicted severa
days. Mrs. DonahOe stated that tn
II bruise was the result of a fall down o
~ up the stairs, several days previOu
e TO his visit. There were no indication
OF serious injury except Mrs. DOnahoe'
statements that she was suffering in
,- tense pain. There was no evidence @
,e rupture and no reason why she coul
\ not walk If she so desired.
,e DR.. John Palmer stated that he ha
il been called upon by the Donahoe fam
" lily on the day after the accident to al
- tend Mrs. DoRahoe. It was an emer
- gency call, as IL was feared she wa
,r dying. When he arrived at the hous
II he found Mrs Donahoe suffering froI
a severe nervous shock. He understOo
,r she had been struck by or fallen fror
tx a train. A superficial examination dis
= closed no bones broken. She had
ar slight bruise on the LETT hip, which sh
IS stated was the result Of a fall severs
W days previous.
his
ir LOCAL PULLMAN SHOPS BUSY
All don. rfrnantc aud cbo,,s Of o.