The San Francisco call., 1899-12-22
INDICTMENT OF
PRUTTON WILL
NOW Be ASKED
Peculiar Sequel to a
Damage Suit.
RAILROAD GIVEN JUDGMENT

In obedience to an order made by Judge
Cook. Assistant District Attorney Solo
man will go before the Grand Jury and
place before It a verified complaint, by
which John Prutton sought TO recover
$4,000 damages from the Market Street
Railway Company for personal injuries.
the object being TO secure an Indictment
against Prutton for perjury alleged to
have been committed when he verified the
complaint in question. Mr.. Prutton, who
has been laboring near Sunol for some
time past, is now in the city, having ar
rived last evening, and instead Of prepar-
Ing himself TO resist the proposed criminal
proceedings Will Immediately make a mo-
ton Tor new trial OF his case, which
was decided against him by a jury in
Judge COOKS court yesterday.
The facts of the case are peculiar Prut-
ton was found unconscious near the Mis-
sion street tracks between Fourth and
F1tth streets, on the night Of February 2
last. lie admitted being intoxicated on
the night in question, and said that as
ne was crossing the street he saw a car
appear In front of him. and he remem-
witnesses to the accident. William Cava-
naugh and John Hogan. were discovered
and after the injured man had placed his
case in the hands of Attorney Louis p.
Boardman they came forward and made
statements regarding the cause of the ac-
cident. which the attorney now holds
-
resides at 544A Mission street, said:
on the night OF the % OF February At
about Has. l was with Mr.. Hogan on the
south side OF Mission street. between Third
and Fourth. on my way home. when / saw
green car OF the Misson-street line strike
the man, whose name 1 do not know rhe
car was going about ten miles per hour
the man was drunk and in plain sight in
the middle OF the street, and had the motor
struck the Mr.. Hogan called stop
the car, you have run over a man." They
paid no attention and continued their
way. TWO officers came up the street and
rang for the patrol. They did not see the
accident. but we told them that he was
struck by green car. A third party came
up and the officer drove him of He did
not stay until the patrol came up. but went
home.
In his statement Hogan testified as fol-
lows:
at exactly Has o'clock. I was on Mission
street. on the south side. when John Prutton
was struck by Mission-street car. The
car was green car, and going west
at the rate OF ten miles per hour or more
The street was perfectly clear. no wagons
Prutton) when ne left the sidewalk. The
car was then some forty feet or more from
the place where the accident occurred
The gripman or motorman could have seen
the man in plenty OF time TO avoid the
bell. and the man did not see the car until
It was on him; The man was crossing from
north to south and when the car struck
X.
The motorman made no effort 10 stop the
car until too late. and then continued on
his way without stopping. Mr. Cavanaugh
who with me. called TO the nnotorman
70 stop and help take care OF the man he
had run down. but he made no answer The
conductor looked around and saw what had
happened, but paid no attention TO H. The
man lay in the street in plain sight, two
or three feet from the rair. I could tell
when the man left the sidewalk that hs
was drunk. and the motorman could have
seen. too. were he attending to his business
The man staggered plainly I stood there
until unit policeman rang In for the patrol.
came up on the car behind / gave the
officer my name and address and then
went home.
Both statements were witnessed by I'm
Interested parties. but when the case v-as
ready for trial neither witness material
lied. Wednesday, however Attorney
Boardman says. when the case was called
6oth were In court. and on being ad-
dressed said that they had been subpe-
naed by the railroad and had been paid
their witness fees. Shortly after this The
case was called. and Mr.. Boardman asked
Tor a continuance on the ground that he
could not find the plaintiff and this was
granted in view of the fact that he con-
sented TO draw jury and let the case 20
10 trial yesterday morning. Prutton, not
having received his notification. failed to
show up yesterday morning. but Judge
Cook refused to entertain a motion for "A
continuance, and the case went TO trial.
Hogan and Cavanaugh being absent. the
defendant put on several street car oper-
ators, all OF whom testified that they did
not see the plaintiff struck by a car. and
officer Glynn testified that he found the
plaintiff beside the railway. an iron bar
about foot long near his prostrate body.
Although the plaintiffs nose was frac-
tured and bleeding and his head cut. no
blood was on the bar, which the defend
ant endeavored to connect with his In
jury.
After the officer left the stand Mr..
Boardman requested the court TO allow
his witnesses to testify. They were not
in court. and even in the face OF the fact
that they had stated that they were sub
penaed by the company Mr.. Boardman
asked for a continuance that they might