El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-11-15
HANWAY
DAMAGE SUIT
The Case Develops Into a
Fhree Cornered Fight
Among Attorneys.
EACH DEFENDANT DODGES

The Responsibility for the Death o
HanWay, and the Suit Become
More Complicated at Every
Step.
The suit of Mrs. William Hauway VI
the G. II. & S. A. railway company
DR.. Turner, of Ell Paso, and DIR. Graves
of San Antonio, for $40, 900 damage
| because of her husbands death, is Al
exceedingly complicated affair and il
| three cornered, there being three set
of attorneys in the court room repre-
sentiug defendants, each trying t<
shift the responsibility of the man
death.
A salient feature of the case is it,
bearing upon the railway hospital sys
tenn, which is maintained by taxing
employees each month. The fund thui
derived is expended in employing sur
geons and defraying hospital expenses
The surgeons are supposed to attend
| those who pay their salaries and also
passengers when injured in wrecks
! thus relieving the corporation of al
expense except that when any deficit
occurs it is made good.
1t was shown that deficit seldom oc
cu-s.
Despite this the physicians and com.
pany endeavored to show that employees
who are dangerously injured could no,
hold the railway surgeons responsible
for skillful and prompt medical atten-
tion.
The following jury to try the case
was empaneled yesterday afternoon;
VIM. Thompson, 81. S. Lyter, G. b.
Jones, G. G. Ballinger, Robt. L. Cross
Paul Rammett, A. J. Stevens, o. .Kord.
sick, A. Munzen berger, G. M. Murray,
F.. Weidman and A. j. Ross.
PROCEEDINGS THIS MORNING.
Superintendent Martin, of the G. H.,
was the first witness called to the
stand this morning after court recon
vened.
He was questioned in regard to the
hospital and other reports which are
tacked up on the bulletin boards in
his Office. He identified two of the re-
ports as hospital reports of the G. b. g.
S. A. railway. Mr.. Martin admitted
that the bulletin board was used only
for posting reports referring to com
pRny business.
The Introduction of the reports was
objected to by counsel for the railway
company, on the grounds that there
had been no contract shown whereby
the railway company agreed to furnish
medical and surgical treatment to en-
ployes in return for payment of the so
further that t the report of the auditor
should have been procured instead of a
bulletin and urged that such evidence
as plaintiff sought to introduce was
Incompetent because 1t was not the
best evidence that could be introduce
ed.
Captain Besll said be would admit
that 90 cents per month was paid by
each employee into the hospital fund,
but contended that plaintiff had shown
no contract.
Judge Falvey took issue with him
here, contending that the bulletins
were an evidence Of control and he did
not think 1t was necessary to show that
the hospital was run at profit.
Judge Walthall then ruled that the
contract between the railway and its
employees was the same whether q pro-
ht was derived from the hospital fund
or not.
Waters Davis. one OF plaintiffs coun
showing that the hospital department
was being conducted at a profit.
The examination of Superintendent
Martin was resumed by Mr.. Davis.
Witness said that Hanwsy was work.
Ing for the company at the time of his
death and while an employe be bad
paid so cents monthly into the hospital
fund.
"Does the payment of that amount
snt1tle employees to medical and surei-
,al treatr ent?' asked the attorney.
This is my understanding.
Captain Beall, offered another bull
etin to show that the hospital had
been run at q lOss during NAV, but the
was disputed.
Superintendent Martin, in answer to
he question of Captain Beall said he
lad nothing whatever to do with the |
hospital department, but admitted on
ross examination that all the men of |
lis division Of the G. H. railway con-
ributed to the hospital fund. Witness |
aid that Hanway was killed in the |
1scharge OF his duties as switchman,
'ut that he had learned the facts in the |
ase merely from hearssy.
Objected to by Capt. Beall, whereupon
dr. Davis said he could establish the
act by twenty witnesses and saw no
eason for. counsel for the railway
elaying the trial by objecting.
The court said that such remarks
'ere uncalled for and then Superin-
sndent Martin testified that he had
of Hamway's death and the
1anner of it as the result of an official
1ves tie alton.
Certain questions and answers we're
hen read from the deposition of J. K.
-ruttschnitt, general manager of the
outhern Pacific railway.
HOSPITAL DEPARTMENT SECRETS.
Witness said that DIR. Graves had
cen appointed by Van Week and was =
to him. The salary of
lief surgeon be said, is $500 per ,
outh. This salary was paid by the !
'easurer and the fund was derived :,
ON contributors of employees at so
euts each per month. These SUBJ
'riptions being collected by the psy-l