The Denison review. [volume] (Denison, Iowa) 1867-current, 1899-04-21

THE MCCARTHY TRIAL
Details of Most Interesting and
Sensational Trial
THE CASE GIVEN TO JURY
Resume of Testimony-Neuritis or Sham?
Doctors Disagree-Plaintiff Nearly Pros
trated While Testifying.
The case of Miss Mccarthy VS. the
city of Denison has been on trial this
week and so much interest has been
shown and SO many inquiries made that
the REVIEW prints condensation of
the evidence, refraining from an ex-
preston of opinion however. The case
was for damages alleged to have been
received by the plaintiff on Thanksgiv-
ing day, 1898 by falling through a de-
fective crossing. The case has been
matter of much comment and consider
able feeling. After the empanelling of
a jury, from which the taxpayers in
Denison were excluded, the plaintiff
opened the case with series of wit
nesses to prove the occurrence of the
accident and the existence of the de-
feet in the crossing. The first witness
was Miss Terry, who was near at the
time Miss McC cCarthy fell and
Pulled Her Arm In Place.
Miss Terry was first called. On
Thanksgiving evening about $50. in
company with Mrs. Masters, when nine
or 10 feet west of Wygant's property,
saw a person in bending posture about
l6 to is feet east of Mr.. Wygant's prop.
erty. Met plaintiff in front of Wygant's
and she asked plaintiff if she was hurt.
said she was in shoulder, pulled arm
down and plaintiff said she thought it
better. Did not remember hole in
crossing.
T., Garrison Saw the Hole.
T. j. Garrison testified as follows:
Knew of hole in plank, that he knew of
gutter in question and it was one foot
deep; size of hole before Nov. "a was
two inches wide and eight to twelve
inches long. There were five planks in
crossing; hole in middle plank and ov.
er gutter. Plank has been replaced by
new one. Had notice hole some little
time. Gould not say how long, passed
that way to town.
wygant Also.
JIG. Wygant called. Crossing was
built two or three years ago; knew of
of gutter, crossing built over gutter,
five planks in crossing, plank with hole
next to south side, had seen hole two or
three months in plank, saw hole about
one week Nov. "a, hole six to eight
inches long, three inches inches wide,
plank has been removed and new one
put in place.
Got Her Foot In.
Mrs. j. G. Wygant called. Knew of
ditch east of their place and crossing
was over ditch; knew of hole before &C.
cident, and at one time got her foot
caught i'll hole, but not very bad, was
walking with her mother at the time:
was in last of September or lst of Octo.
ber last. There were five planks in
crossing; didn't remember which plank
hole was in.
Holmes Saw it Grow
Prof. j. III. Holmes called. Knew
crossing; passed over it coming to town
Knew of gutter, that there was fou
planks in crossing; knew of hole il
plank: that hole was in middle of walk
hole in crossing in November; hole L
inches long, three inches wide, knew
hole when not larger than knot hole.
Eek Street Commissioner Heard of 1t.
A. j. Gary called. Was street com
missioner at time, never saw hole. Ha
talk with Harry Scaggs about hole il
crossing after accident.
Cook In the Hole.
I'll. A. Cook called. Lived in Eas
\ Denison on Broadway; knew of cross
K ing, knew of hole in crossing last fal
b got foot in hole during snow storm i
\ November; right foot caught in cross
n ing to instep; snow storm about on
y week before Thanksgiving; five plank
y in crossing, hole in middle plank. Ne,
\ plank there now, presume the width
h the same as before.
Hole Grows Bigger.
Y John Bailey called. Lives one bloc
Y north of Garrison's s property. Kne
y crossing in question, knew hole
q crossing was there before Thanksgi'
N ing, hole IA to l6 inches long, 5 to
q inches wide and 10 inches deep. Hs
:. talk with Ill. Scaggs about hole week
n 10 days before accident, was five planl
W in crossing, hole l6 to is feet east
N! Wygant'S prOperty. hole i'm centar