The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-15
JURY REMAINS OUT
Marshall Damage Submitted
Early Yesterday Afternoon.
SPECIAL CHARGES MANY
Arguments of Attorneys Cover
Entire Ground.

Up to an early hour this morning the
jury in the case Of John Marshall, add
minisrator for Maggie Marshall, de-
ceased. against the Rock Island railroad
had not reached a verdict The case went
to the jury at 2:8o yesterday afternoon
and it was thought by the attorneys Of
both sides that some conclusion would be
reached within four or FIVE hours
1t was learned last night that up to 10
O'Clock twelve ballots had been taken and
that a majority Of the jurors stood in
favor Of the plaintiff
At o'clock yesterday morning the case
was resumed. when Judge Dale charged
the jury. The special charges covered
fifteen pages Of typewriter matter and
was a mastery document covering every
point Of the law in the case.
More than half an hour was consumed
in reading it. Attorney J. D. Houston,
for the plaintiff. began his argument Of
/ the case at 10 o'clock. He spoke on the
law pertaining to it and insisted
that the railroad company had been neg
ligent in two important points, namely.
/ by negIecting to operate the gates until
the last train had passed that night and
In not reducing the rate of speed of the
/ engine as it approached the station. He
+ contended that the train was behind time
and that the engineer was trying hard
to make up and that he consequently
came in like whirlwind. He dwelt for
( some length upon the fact that the engi-
neer must have known that something
Of a special nature was happening, since
! the crowd at the depot was by far great
err than on ordinary occasions and that
/ this crowd could have easily have been
seen by him in time TO avert the acct
dent
4 Mr.. Houston was followed by Attorney
/ Evans Of Topeka for the Rock Island
\ In his argument the latter contended that
/ there was no law compelling the railroad
/ company to operate the danger gates at
night and that the time for operating
/ the same was for the defendant to deter
mine. He also stated that the company
employees had done all within their power
! to avert the accident and that ii was not
/ at all to be blamed in the matter, as the
negligence rested with the driver Of the
wagon, who should have obeyed the sig
nails given him by the people at the sta
/ ton.
Attorney Vermillion closed for the &C.
/ tense and c. H. Brooks made the closing
arguments for the plaintiff. The latter
insisted that his client was entitled to
the full amount sued for, namely, $4,000,
as the children for whom the suit was
brought had sustained both a moral and
material loss IN the death Of their par
emit The attorneys occupied nearly one
hour each in making their arguments and
the case did not go to the jury until 2:S0
o'clock in the afternoon.
A peculiar fact in the Kansas law rela-
tive to the amount Of damages that can
be recovered in an accident suit IS that
in case of death Of a person injured in
an accident the heirs cannot recover
more than $40, 600, whereas the statute
does not limit the amount if death does
not result
The Marshall suit against the Rock
Island is attracting more than ordinary
attention. in as much as the fling ot
other suits against the company may fol
low. So far none Of the cases fled have
been lost by the plaintiffs in the district
court, though some OF them are
pending in the state supreme court await
ing final disposition by the justices Of
that bench.
The attorneys for both sides have
watched the interests Of their respective
clients closely and neither side has per
mitted a single favorable opportunity tt
win a point to pass without notice.
The jury in the present case is alsc
above the ordinary and as 1alrer one e
try the case could not have been secure.
anywhere.
If a verdict is found for the plaintiff
the case viii at once be taken up to th'
state supreme court on an appeal for re
vision.
The two cases now pending in th'
United states circuit court VII not b
tried until that court convenes in thi
city next March