The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-27
FIRST CASE ON TRIAL
Rock-IsIand Damage Suits to
be Waged With Vigor
0URAND WANTS S20,800
Company'S Best Professional
Talent Conducting Defense

The 500 damage suit of Charles G.
Durand against the Chicago. Rock Island
and Pacific Railway company began
yesterday in the district court, and prom
ises to be the most interesting ard i'm
portant of all the suits brought against
the railway company as result of the
terrible accident at the Douglas avenue
crossing September Is. 1898, in which
nearly a score of persons weres injured
or killed. 1t is evident that the rail-
way company is going to make a stub
make it right from the start, while the
local attorneys, Houston & Brooks, who
represent Mr. Durand, will put into the
prosecution their greatest energy and
splendid ability The work of the attOr-
neys is exceedingly interesting and is al
ready attracting large crowds, great
number of whom are visiting attorneys,
anxious 10 see what a stiff fight lawyers
can make when they want to.
w. T. Evans of Topeka, assistant gen.
eraI attorney for the Rock Island, is
leading in conducting the defense. He is
very smooth and exceedingly tactful, and
his manner Of cross-examning is a feast
to witness. He is ably assisted by r. r.
Vermillion, OF the local firm of Stanley,
Vermillion & Evans, and A. A. Graham
of Topeka, who is connected with the le-
gal department of the Rock Island sys-
TEN.
The complainant, c. G. Durand, Is su-
ing the company for so, 800 damages for
injuries received in the collision at the
Douglas avenue crossing. He was pres
ent yesterday, and his appearance Is very
much in his favor, provided he convinces
the jury that his present physical condi-
ton is the result of that accident Mr.
Durand is a well known merchant at Mt
Hope He and Mrs. Durand came to
Wichita on the 18th of September, 1893, to
attend the performance Of Buffalo Bills
Wild West Show. He got In Mr. Will
sons hack as a passenger, together with
fifteen others. to go to the show. The
hack was struck by an incoming passen-
ger train at the Douglas avenue crossing
and all were more or less injured and
some killed. The petition alleges that the
company is responsible for the collision
for several reasons. The gates at the
crossing were not lowered when the train
approached, but were left up and unat-
tended, and no one was there to warn
the plaintif Of the danger. The plaintiff
viii also attempt 70 show that the train
vas approaching from the north at a.
rapid, unsafe and unlawful rate Of speed
and was not at that time in proper con-
TIC! Of the trainmen when II was IN dan
re-cus proximity to Douglas avenue and
TIE passing vehicles. The plaintiff fur
thor Claims in the petition that the train
vas running at the rate Of twenty miles
IN hour ard that the trainmen failed to
warn the people by either whistle or the
rin@ing Of the bell and by leaving the
gates Up the driver Of the vehicle and the
passengers were deceived and induced
70 attempt to drive across the track. In
the collision which followed Mr.. Durand
was thrown out with the rest and rem
dered unconscious for some time His
head, body. chest. limbs and muscles. in
ternally and externally, were injured. be-
sides quite an injury to the spinal coll
umn was sustained. His nervous system
Is alleged to have been greatly shocked
and he claims he was made a cripple for
life and totally incapacitated for carry
ing on his business as a merchant.
To substantiate all the allegations Of
the petition to the satisfaction Of the
jury and make them think the injuries
sustained are worth $4,000 will be the
effort of his attorneys in this case. Sew
eral witnesses were examined yesterday.
among them w. II. Herbig. Of the Rock
Island freight department; J. T HawIey.
L. u. Farris. Mr.. Denton George Nc
Neal, II. H Fretz. Lee Hays. Tom Voss.
ex-Sheriff W. W. Hays ]. H. McElhan-
ey, George S. Capps. Dr. S. N Mayberry
and the plaintiff
Ex-Sheriff Hays testimony was inter
esting inasmuch as he was one of the first
to reach the front end of the train and
helped to pull dead man out from under
the trucks. Otherwise his testimony was
somewhat in favor Of the company, espe-
cially as to the warnings which the COM
pany claims. were given as the train
came down the track. He was waiting to
take the train to HaysviIle when the ac-
cident occurred. He testified as follows:
W. W. HAYS TESTIMONY.
w mere were you on the Gay OF Ine
Wild West show. 1925?
Il was near the Rock Island depot,
waiting to take the train for Haysvine."
WAS the train on time that EVENING""
''No, sir; about one hour late"
You saw this accident, did you not?"
Yes. sir
Did you hear whistle or signal as
the train was running into the depot?''
Yes; I heard two sharp whistles as 1t
was coming in"
After you heard the whistles did you
see the engine strike a vehicle, and the
people fly up intothe air?"
Yes, sir"
How fast in your judgment. was the
train running when you sa< it coming
IMP
Il Judge it was running from ten to
twelve miles an hour"
How long was st from the time YOU
heard the whistle until the collision uc-
Cured -
We'll, 7 heard the whistle just short
time before the engine struck the We
hicle."
Now. YOU say the train was running
twelve miles an hour. How far past the
depot did it run before stopping?"
Il judge about go feet"
Did you see any one under the train
when Il stoppe52"
Yes. sir; I helped the conductor take d
man cut fReferring TO Mr. Cherry,
who WAS killed.
MNER=:
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