The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-31
DURAN WINS HIS SUIT
Gets Judgment Against Rock
Island for Sf7,500.
HOUS1ON'S ELOQUENT PLEA
Model of Court Room 0ratOry
Courts Instructions.

The jury in the $4,000 damage suit OF
H c. Duran against the Rock Island
Railway company and J. c. Wilson, was
out just fifty minutes yesterday afternoon
when they returned verdict against
both defendants and in favor Of Mr..
Duran. assessing the amount Of damages
at 1880. The verdict is for one Of the
largest amounts ever rendered in a SINH
lar case in this county and the result is
considered great victory for Mr.. Duran
and his attorneys, Houston & Brooks.
The arguments on both sides of this
case were brilliant indeed, and were in
every way creditable to the exalted pro
fession Of the law. In authorization Of his
a large crowd gathered to hear tbe
speeches Of the attorneys. and they we're
Wen repaid In the audience sat a num-
per OF society ladies' who had come for
the main purpose Of being entertained.
AFTER Judge Dale read his instructions
joe Houston opened the argument before
the jury. He was also 20 have the clos
ang speech In his opening address Mr.
Houston is said TO have outdone all ef-
forts ever made before a jury in a Sedg-
Wick county court. He laid out bait for
the opposing counsel to bite at. but they
were too shrewd. r. r. VerrnilIion omen
ed the arguments for the defense. He
has practiced so extensively here that
everybody knows his style. It is a mod
st argumentive, convincing style
which is strengthened by fine knowI-
edge Of law.
Mr. Evans Of Topeka, assistant general
attorney for the Rock Island, followed
Mr.. Fermillion. Mr.. Evans proved to be
not as good a speaker as he is a cues
toner of witnesses, but his smooth
gentle manner impresses one favorabIv
He studies the jurymen individually and
talks 20 them in almost a. conversational
way pleading, Of course. for the respect
due to corporations in a case like this
one.
Joe Houston's last speech was a model
from almost any point one would wish
20 take it. In fact, as much can be said
OF ms entire work in the case. from The
tine pleadings were filed until the case
went to the jury. When Mr.. Houston
began TO speak 1t was clearly. evident that
the jury was at once Influenced by- hin,
They sat with their eyes riveted unon the
speaker and his eloquent sentences fell
upon them with convincing weight When
he had secured the complete confidence
Of the jurors, Mr.. Houston proceeded to
answer the argument Of Mr.. Evans with
sk-lltul and vindictive references to its
motive One Of the prettiest points Mr..
Houston made was in answer to Mr. |
Evans reference TO his closing speech. in /
which Mr.. Evans warned the jury against /
a play for sympathy which Mr.. Houston 1
would make while the tears would |
trichle down his cheeks. In answer to |
this part of Mr.. Evans speech Mr.. Hous- |
ton said it very naturally became an at |
torney for a soulIess corporation to make |
light Of sympathy. He then said that he |
would not rely on the sympathy of the |
Jurors 10 win his case. He expected a |
verdict based absolutely on Justice but |
nevertheless justice and sympathy al /
ways lerked together in the human heart.
and he was not ashamed Of the fact that /
his own sympathy for poor Duran should /
be displayed before them. Then. with (
great tears running down his cheeks. he /
compared II his exquisitely beautiful |
language the relation of sympathy and /
Justice TO the Biblical characters OF. Ruth /
and Naomi in which Ruth's love of {
Naomi is expressed in words that were /
quoted by Mr.. Houston with great ef-
feet The speaker closed with such a /
burst of fine feeling and oratory that the
jury went out Of the jUry-box seemingly
with their minds made UP for poor
Duran.
After the close Of the trial Mr.. Houston
was surrounded by friends Of the bar
who congratulated him heartily Many
said he had made the finest plea ever
made before a Sedgwick county fury
JUDGE DALE'S INSTRUCTIONS.
After reviewing the pleadings of the !
case and stating them, Judse Dale gave
the following instructions 10 the jury.
They are Of particular interest in this
first case. as the instructions viii enarIy
apply 10 the other cases yet to be tried:
You are Instructed that it is for the
Jury alone 10 determine. from the evil
dencee in the case as 10 what injuries,
4 any, plaintf received, as claimed by
him, and the extent OF such injuries. if 1
any, and as 10 what negligence. il. any.
he defendants, or either of them. were
guilty Of, as charged by plaintiff, aud as
10 whether plaintiff was or was not
guilty of any neglisencs-fn the premises;
and il is for the jury to determine. from
he evidence, as TO all the facts in the
,ase.
ITO enable the plaintiffs to recover
herein. the burden is on him TO prove the
ssues in his favor. and TO show, by a pre-
of The evidence. that he re
,eivej the injuries complained Of. and the
'xtent thereof. Il any, and that such in
uries. il any, were inflicted on plaintiff
n the manner and under the circun-
stances charged. and as the direct result
Z the negligence complained and charg-
d. ana without any fault or conribu-
DRY negligence Of the plaintiff
you are further instructed that by a
of the evidence Is not
neant the greater number of witnesses
n the one side or the other. but that evil
ence which is the most convincing and
satisfactory to the minds OF the jurv.
s'You are further instructed that IL you
nd that the plaintiff did not receive the
ljuries complained Of in the maauar and
nier the circumstance complained Of.
nd on account Of the negligence charged;
{ if you ind that neither Of the defend
nts was guilty Of the negligence oharged
gainst such defendant; or II You ind
hat the plaintiff was careless in the
remises or guilty Of oontriauto-v regii-
ence in approaching or entering upon
he crossing Al the time and place ia
uesfion. or in riding in the wagon while