The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-02-16
Is Sprung In the Ros-
enthal Case.
DR.TYLER TESTIFIES
That Rosenthal Was Con-
scious After the Kick.

The Gardner horse kicking case, le-
gally known as the suit of Herman
Rosenthal against William and Joseph
Move, all Of Gardner, was brought to an
end yesterday, and before the final evil
dence had been submitted by the de-
fence, a sensation was sprung in court
by Gen. lockwood Hoar, counsel for the
defence in the introduction of testimony
Of a physician who was supposed to
give evidence for the plaintiff.
1t was claimed with reference to Her
man Rocenthal. the plaintiff, that after
the kick was administered by the horse,
he was unconscious and delirious. In
his 1ncoherent talk he uttered one
phrase and kept repeating it, as was al
legged in the presentation of his side of
the case, and in confederation of this it
was stated that DIR. Tyler of Sterling
who attended him found him uncon-
scious and delirious. DR.. Tyler was in
New York attending medical lectures
there, and this was given as the reason
of his absence from the case.
To be positive on the point of the
boys condition after the accident, Gen.
Hoar ascertained the address of DR..
Tyler, and wired him to give full par
ticulars as to whether the boy was con-
5cious or not. In reply came the tele-
gram that not only was the boy per-
fectly conscious, but that when he was
asked if he wanted to go to the hospital
at Worcester or Fitchburg, he told the
physician and the members of his fam
lily about him, that he did not want to
go TO the hospital at all. He conversed
with the party, and was perfectly ra-
tional.
The statement of DR.. Tyler which
Gen. Hoar had secured came like a
| thunder clap and created d sensation
at court, in a case which base been of
unusual interest from the start The
plaintiff is a young boy and he claims
$4,000 damages for the injuries which
We're inflicted. 1t was claimed by him
that while in the employ of the defend
ants who are brothers, he was ordered
to feed horse in one of the stalls,
and that while doing this the horse
kicked him. One-third of his skull
was broken off, some of his brains ooz-
ing forth, and both arms broken. He
was present in court and the top Of his
skull plainly showed the awful kick
which he received
During the afternoon the final argu-
ments were made by Congressman
John r. Thayer for the plaintiff, and
Col W. S. B. Hopkins for the defend
| ant. At the close of the charge to the
jury by Judge Gaskill, Col. Hopkins
asked the court to rule that the jury
in considering the testimony as to the
disposition Of the horse as regardl
viciousness, should consider only such
as related specifically to the Yiciousness
to kick, and this ruling was-a'a de. The
case was left in the 1ury's hands at 5
o'clock, in charge of Deputy Sheriff
Jacobs of Southbridge, and they agreed
at 10 o'clock last night, 1t is a sealed
verdict and will be opened at the morn
ing session of the court at $50 o'clock
this morning. Thayer & Rugg appeared
for the plaintiff; Col. w. S. B. Hopkins.
Gen. lockwood Hoar for the defend
ants.
Today Judge Gaskill will hear mo-
tons for new trials in cases which have
been heard this term and also excep-
tions which have been taken.