The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-18
BUTTE News.
IS PLAYING With DEATH
Case of Samuel Stewart Against
the Singer Company.
MOTION FOR A NON-SUIT
Will Be Made and Argued This Morn
ing by the observation-disclosures
Alleges Injuries to Amount
OF 10000.

The damage suit of Samuel H. Stew
art against the Singer Manufacturing
company was on trial before jury in
Judge Lindsay's department Of the dis
trict court yesterday. Stewart, who is
about 70 years of age, sues for $4,000
and for money expended for medical
attendance and medicine, aggregating
in all nearly $4,000 on account of per-
sonal injuries he sustained by being
run over by horse and wagon belong
ing to the Singer company. The .acci-
dent occurred on upper Main street
near Murrays bank, on Feb. s, 1896.
Stewart was in the act of getting into
buggy when he was run down. His
left arm and wrist were broken, Shout
der dislocated and he was generally
bruised and shaken up. Attorney
counsel, outlined the plaintiffs case to
the jury. He said the defendants
horse, which was allowed to stand I'M
hitched, was known to be a runaway.
At the time of the accident Stewart
was earning 5000 a month as foreman
Of the Moulton MILL and was strong
and in perfect health. On account OF
the accident he is now decrepit old
man.
''He is a plucky old man. said Sim
clair. land thinks he will recover, but,
gentlemen, he is playing with death
and the knockout blow will come soon
err or later"
John J. Bailey and James Ireland,
who had been in the employ of the
Singer company, testified that they
were delivering goods at the time of
the accident and the horse was not
tied. They were in a house when the
horse ran away.
James H. Lynch testified that he had
a conversation with Mr. Wilson, the
company's agent, short time after the
accident and Wilson told him the same
horse had run away before with him
self and wife, On cross-examination
by L. ]. Hamilton, the witness was
asked if he did not have considerable
i'll feeling against the Singer company.
Mr.. Lynch said he had not, although
Wilson owed the company $500 at the
time he was discharged and he Lynch)
being on Wilson's bond to the COM
pany, paid the $4,000 to avoid a law
suit, las I never was sued in my life,
added the witness.
l5s.'How do you know Wilson was the
Singer company's agent?" asked the
attorney.
You know it as well as do, Mr..
Hamilton" was the answer.
Il am not witness and don't care
to be bluffed by you said Mr.. Hamil-
ton. 1T is not what l know, but what
you know we are trying to find out.
You have taken a great deal of interest
in this case, Mr. Lynch?"
Il have not"
"You appeared before the county
commissioners some time since and
tried to have the Singer company's tax
assessment raised"
II did so as a citizen
you are sort of regulator. then?"
Eyes. 1t was my duty to report the
matter that they were trying to avoid
paying just taxes"
witness. He told about the accident
and his injuries and said he had lived
in Butte 80 years. and for 26 years was
foreman of the Moulton mine.
DIR. Whitford testified that he had
known Stewart since 1868 and had al
ways considered him a robust old man.
Stewart called at the doctors office to
have his injuries attended to and faint
ed several times. In answer to several
questions relative to the effect Of the
injuries, the doctor said:
Mature in the first place made lis
"
laws of nature that we become sick"
The doctor said he considered Stew
arts heart action at that time to have
been as good as of any man of his age.
Many men of his age have no heart
action at ALL said the witness. He
was asked If a man of Stewards age,
who had always been healthy, could
suddenly lose his health without some
cause.
II cannot answer that question" re-
piled DR.. Whitworth. Il have known
men in good health to drop dead with
out any apparent reason. To answer a
question like that is like Teddy Reagan
looking for his lost wife; each person
he met had a different story to tell
him."
The witness said half the people who
imagined they had heart disease did
not have it, while many persons who
thought they were sound in that re-
spect were not.
United States Senator Clark was
called to testify as to the health of
Stewart during 20 years which he said
he had known him. but as he did not
qualify himself to testify as medical
expert who could tell the condition of
a. mans health by looking at him, the
court sustained an objection to the tes-
timony.
Dr. H. j. Mcdonald testified that he
was called to attend Stewart on June
10, 1898, and found him in very badly
run down condition. DR.. McDonald's