Evening journal., 1899-11-02
TESTIMONY FOR
THE DEFENDANT
Plaintiff Closes in Suit Of DOnahOe
Versus B. & D. Railroad
Company.
SEVERAL WITNESSES TESTIFY

AND CONTRADICT THE EVIDENCE
AS PRODUCED BY THE PLAIN
TIFF-A LEGAL POINT RAISED
BY MIR. BIGGS.
The case of Donahoe versus the B. &
| o. Railroad Company, was resumed be-
fore Judge Bradford in United States
Court this morning.
The first witness called to the stand
was DR.. Josephine NJ. h. White who
testified that she had attended Mrs.
Honora Donahoe regularly for from
ten days TO two weeks. Mrs DOnahoe's
death was due to strangulated hernia.
Michael Donahoe was recalled by Mr..
Biggs. and stated that his wife was
insured in the Hartford Company for
81 OOO She had been passed by Dr. j.
p Pyle and the amount OF the insur-
ance had been paid.
PLAINTIFFS CASE CLOSED.
MIR. Donahoe's testimony closed the
case for the plaintiff and Mr.. Bird made
his opening statement TO the jury as to
what he would prove Tor the defense.
The attorney stated that he expected
to set forth beyond doubt that the ac-
cident was due to negligence on the
part of Michael Donahoe and his wife,
and that the b. 4 o. Railroad Company
was in no way to blame. That the
train in question stopped from two 10
three minutes at the Delaware avenue
station, and that ample time was af-
lforded for passengers to get on and
off,
TRAINMEN'S TESTIMONY.
The first witness called was Rudolph
Perry, conductor of the train on which
the accident is alleged to have occur
red Mr.. Perry stated that he had
called out Delaware avenue station
lprevious to the trains arrival. He was
standing near the middle Of the car in
(which Mr.. and Mrs. Donahoe were seat
ed when he announced the station. At
ter all passengers had alighted and goi
aboard, as he supposed he gave the
signal to the engineer to go ahead. HG
did so and the train moved off at 8
moderate rate of speed. When giving
the signal he was standing upon tbs
lstation platform about fifteen or TWEEN
i ty feet from the car After he has
given the signal to start BE saw a maI
on the station platform holding up hi
hands as If to help someone OFF the
train. He then gave the signal to stoI
the train.
Conductor Perry testified that Mrs
Donahoe was not injured beyond being
hurt upon the arm by being struck b,
the guard rail. She was able 70 wall
away The train stopped at the station
for from between two and three min
utes, and from fifteen to twenty pas
lsengers got on and of.
George n. Shoemaker. brakeman
was the next witness, and stated tina
lhe had called out Delaware avenue sta
ltion. Frem twenty to twenty-five peO
lple left the train at the station. an'
lffteen went aboard. The train was a
1.-THE station about two or three minutes
4 When he saw Mrs. Donahoe getting OF
the train was in motion, and he callel
Ito Donahoe to hold on" Mrs. Dona
lhoe held back for a moment and theI
stepped off.
W. p. Sheppard, engineer, testihel
THAT the train in question on the nigh
/. lof October 16, 1898, was delayed an un
usual length Of time at Delaware ave
lnue station, owing to the number o
passengers getting on and of. Afte
being at the station from one and
half to two and a half minutes he go
! the signal to go ahead and did so a
once, starting off as usual 'leisurel
land quietly" After starting the trai
r he received the signal to stop at onc'
: and did so within thirty-five feet q
! the starting point.
. | Cf1oc williams fireman tpgfifip
! that the train stayed at the station nc
: less than two minutes. Shelly Lackel
4 lbaggagemaster, could not say how Ion
I 1.-The train stopped at the station.
At the opening of the session YES
4 lterday afternoon. Miss Mary Donaho
1 daughter OF the deceased, was recalle
: to the witness stand. Quite a confer
- tion arose between Mr.. Bird and M
n lBiggs regarding a question put by n
G latter to the witness as to whether h'
4 mother had complained of any pair
resulting from the alleged acciden
Judge Bradford ruled that testimon
should be admitted as to what Mr.
G Donahoe had said TO others regardir
. her physical condition after the acc
ldent. but the cause Of such sufferin
y lii it existed, must not be testified TO.
st Miss Donahoe testified as to the phi
lsicians who had attended her mothe
y land of the sufferings she had unde
III gone.
y Mrs Julia Donahoe Cornelius Don
!. hoe. Miss Ella Logue. Alfred Care
D. Police Sergeant Black. John Roger
William Jackson and Drs. Tomlinsl
and Draper were also placed upon q
lstand by the plaintiff.
T. 5c.-FISH-5c.
b. -. ~ \