The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-16
MADE A GUN PLAY
From First Page.

Continued From First Page.
its merits. But last week was the first
trial, and 1t lasted from Tuesday morn
ing until Friday noon, when Judge Loeb
rem took 1t out of the jury's hands and
directed verdict in favor Of the de-
PENDANT.
ACTION FOR FIFTY THOUSAND.
The action was brought In the federal
court to recover $4,000 for injuries sus-
tanned In an alleged accident near Man.
dan, N. D. In his petition he set up that
he had boarded freight train with the
intention Of stealing ride. Seen by q
brakeman he was ordered off. Not i'm
mediately responding, he alleges that.
while the train was in motion. he was
pulled out of the car by a brakeman and
foil under the wheels, which shattered
his arms.
In the course of the trial quite num-
Der of witnesses were examined. Some
of those for the defense testified that
Welch's story of how the injury to his
arm occurred was not correct, that he
was not hurt while being elected by the
brakeman, but subsequently, while try
ing to board another train.
Judge Lochren did not give his de-
cision on Friday, but took the case un,
der advisement until Saturday morning,
when he directed the verdict in favor
Of the defendant as stated. During the
short time that Judge Lochren was in
Commissioner Spencer's room he was
disinclined to. discuss the matter. as he
was to give evidence in the case today.
In regard to the suit for damages
brought by WEIGH, he said.
SIGNED A RELEASE.
ut was shown concusively on the trial
that WEIGH had signed a release Of all
claims against the company when he
was admitted to the hospital at Brains
erd, the consideration being that the
company should bear the expense of the
hospital treatment This largely gov
erned my action in directing verdict.
Besides Welch's story was contradicted
by several witnesses on nearly all ma
terial points. 1 had no thought that
WEIGH bore me any malice and was
thunder struck when he pulled the pistol
on me-"
Welch Is a medium sized man. about
thirty-five years. of age. 1t is said
that he can neither read nor write. He
is dark complexioned, with red, flushed
cheeks, and speaks with an Irish ac>
cent. He was born in Boston. His
statement that he had lived in St. Paul
four years Is not borne out by the hos
pital record. He certainly left Brain
erd sometime in June, 1898, and did not
reach st. Paul until July following.
Parties who have boarded with WEIGH
at the SeIby avenue house say that he
has been very respondent since the YER
dict Of Saturday last in favor OF the
railway company They also deny the
story that he had drank anything yes
terday before the alleged assault. but
admit that one glass of whisky sets him
wild They also claim that since the
accident near Mandan the heat OF sum-
mer affects his head and at times makes
him irrational But at the arraignment
Yesterday he appeared perfectly COM
posed and deported himself like one who
fully realized his position and was de-
termined to guard his expressions.
WEIGH DENIES THE CHARGE.
When seen at the county Jail by a
reporter for the G l o De, WEIGH at flrst
declined to discuss the charge ai&lnst
him. He appeared to be In state OF
nervous excitement, and at times gave
expression to his feelings in denouncing
Judge Lochren, against whom ne appear
ed to cherish violent hatred.
HE deprived me Of a living" declar-
ed WEIGH, referring to Judge Lochren,
"and though he treated me unjustly, did
not try to shoot him. In fact, l mad no
revolver. I had only a knife, which was
In my pocket, and the little broom. 1t Is
true that 1 pointed the broom at the
Judge and demanded to know why ne
had wronged me, but I could have done
him no harm He was afraid and ran
away Even If 1 wanted to shoot him l
could not My arms are crippled and 1
cannot raise them from my side. How,
then, could I shoot any one? l had a
right to at least $4,000 from the injuries
I sustained, but I got no show against
the railroad company. I am thrown on
the world cripple for life, without a
penny, and unable to earn a living. II
was unfair for the Judge to do what he
did. and though l was very angry, 1 only
intended to brighten him"