The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-13
F03Sl0,000 DANCES
Suit of Marshall VS.. Rock
Island in District Court
JURY HAS BEEN SECURED
And a Number of Plaintiff
Witnesses Examined.
JURY HAS BEEN SECURED

" tAtFCCDCO LAAttitAiCNf
The sixth OF a series Of suits resulting
eSom the Rock Island railroad disaster
about two years ago is now on trial be-
tore Judge Dale in the district court and
IS the cause in which John C. Marshall
as administrator for the estate Of Mag
gle Marshall. is plaintiff. The selection
OF the special jury to try the case was
bsgun at 10 o'clock yesterday morning
md thetask was completed in the early
part Of the afternoon session.
Out Of venire Of thirty-six names. the
following Jurors were chosen: Char.es
Ditemeyer Payne township; Y. C. Brooks
Valley Center township; Nicholas Ditgen,
Sherman township: John Bunker, Delano
township; William Brands, Grand River
township; J.. j.. Cor5in Ohio township;
Z. NLcCuon, Grant townships John Ker-
schen. Garden Plain township; r. J.
Oliver. Waco township; S. G. Duncan.
Kecm township
AS VIII be remembered Mrs. Maggie
Marshall was one Of the inmates Of the
Wilson vehicle on the nlght OF Buffalo
BilTs Wild West show in this city some
two years ago and as a result Of that
vehicle being struck by the train, was
injured and afterward died from those IN
juries The train at the time of the ac-
cident was approaching the Douglas
avenue crossing and was behind the
schedule time
The suit is attracting attention because
OF the fact that others fled have usually
brought damages for the plaintiff and
again because Of the fact that the adj
Tninistrator Of the estate is suing for the
damages.
After the jury was sworn, C. II. Brooks
Of Houston & Brooks, began the state
ment Of the case for the plaintiff 8Ir
Brooks said that the action was broug hit
in behalf OF the children Of Mrs. Marshall
VINO had been injured by the death of
their parent and that they seek to re-
cover damages to the amount Of $4,000
Albert Wilson, owner Of The conveyance
which was caught by the train and which
Mrs Marshall was riding IN at the time
the accident occurred which finally re-
suited "a her death is also made a de-
ssndant to the suit, but he has not en-
tered a importance and is not being rep
resented at the trial
The cause Of the railroad company is
being looked after by Attorneys Stanley
Vermiliion and Evans Of Wichita and w.
F. Evans Of Topeka. In his statement to
the jury 8Ir. VermilHon said that the
company holds itself blameless in the
matter and that 1t was due to the neg1-
gence Of the driver OF the wagon and not
because OF any fault Of the company
that the people were killed
Lee Hays, one~of the witnesses. created
some amusement On court when ne de-
scribed how. after ne had escaped dan /
ger Ia the wagon Ia which ne was riding /
TO Buffalo Bnrs show, he began to beat
the driver with his cane because he had
attempted to cross the track when the
train was so close to them even Il he
did escape without injury to himself or
ony Of bis party.
Plaintiffs attorneys state they win IN
ell have some twelve witnesses and that +
the case is likely to go TO the jury We'd /
nesday. The first witness called yester- +
day was Lulu Marshall the ten-year-old T.
daughter Of the deceased.
The childs testimony was unimportant
and wasonly given to show that she, IS
well as a brother and another sister. had /
been cared for by their mother and that F.
in her death they sustained more than .
e moral loss
George McNeal barber at los North .
Main street. was the next witness. Ne
Neal stated that he was an eye witness
to the accident AT that time he was
standing near the Rock Island station
and that as best he could juoge the train
was coming at the rate of fifteen 10
twenty miles per hour. The danger gates I
he said were not closed He saw the
wagon struck by the engine and its occu-
pants were thrown out on both sides
Of tie track. Upon cross examination he
stated that he was not a judge Of speed /
and might be mistaken as 10 the actual
speed made by the train.
l. Denton, an emp.oye Of the Kellogg
Newspaper company. and Lee Hays
wholesale saddier. both gave about the
same testimony and stated thar the train
was running at d speed OF about dftseu
10 eighteen miles per hours that TIE
gates were not closed ana that they did
not hear the train approaching until il
was in q short distance OF them.
E McE.henry another witness az the
time of thcaccident was crossing the
track at Third street when the train ap-
preached at the rate of about tawenty-
Eve or thirty miles an hour Fe said that
he did not hea rany whistle but the ben
was ringing.
Thos. voss. deputy sherin. stated that
he was with his wife and ca1d on their
way 10 the Wild West snow ana that
they were crossing the track at Third
street when theensi1e was almost uron
them before they were aware of tire
fact He said thar DE stopped just Sis
feet west Of the track ana chen the train
passed them at a rate which he judged 10
have been about twenty-five to thirty
miles Per hou-.
Otto Weiss when put on The stand.
sad that he heard nc ben or whistle ard
that be had just cleared the track when
he train passed him and his wagon
The hearing Of the case wiz be resumed
Il 10 o'clock this morning
nD0 nBTur0Dsf rtn