The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-27

. because II was the, nearest filled wher
We saw 1t, and I thought it would &c
quicker"
Whom in the wagon did you know?"
Just my own crowd"
Have you ever ridden in trains much ?''
Eyes, SIR
| How fast do you judge this train was
going when it struck your vehicle?'
Couldn't say; pretty fast, though"
did you hear any whistle or bell?''
mo, SIR
What happened when the train struck
you?"
Il don't know. I first saw the headlight
of the engine, and then we were struck"
How long was it after you saw the
headlight before you were struck by the
train?"
Il just had time to spring to my feet. "
Where were you taken after the acct
dent?"
Three days after the accident I was
taken to Mt. Hope"
How long were you unconscious"
''They say I was unconscious three
days"
How were you hurt?"
I'm the back, side and chest, and the
doctor said a rib was broken
did you suffer much?"
Nobody knows how 1 suffered"
How long did you suffer -
about twelve months
"I1ave you since suffered any?'
Eyes, sir; I have suffered constantly,
| ard cannot go to sleep before 1 or 2
O'Clock. My Kidneys are affected, too"
Are you able to attend to business?'
mo, SIR
-''Why?"
81 have no mind
The defendant moved to strike out the
word mind whereupon Mr. Durand
quickly said: ST mean al times"
Mr.. Evans then took the witness and
used some nice tact in getting a history
of his case. He got Mr. Duran 10 &C
knowledge that if he had been able to
earn 5000 a year before the accident he
would have been worth at the time Of the
accident about $4,000 instead of $500, as
Mr.. Duran had testified was his resources
at this time. Mr. Duran explained that
the reverses of '93 wiped out his previ-
Gus earnings. Mr.. Duran said that his
health had always been good previous tc
the accident, except in 1896, when he was
| forced to go to the mountains on ac-
count of overwork and close attention TO
business. He came back from the noun
rains weighing $50 pounds. Mr.. Evans
caused him to say, however that he had
steadily lost flesh again after that until
the time of the accident when his weight
had got down to 160 pounds.
After considerable questioning about
ness If the headlight was not plain to
him as it was coming down the track.
He answered, Yes, God knows, too plain,
zoo plain"
The rest of the day was taken up in
very severe and technical cross-examina-
ton of Dr. g. N. Mayberry, formerly Of
Mt Hope, but now Of Enid, o. T. DR..
Mayberry was Mr.. Durans physician be-
fore and after the accident, and 1T was
the purpose of the defendants TO prove
that the physical condition of the plain
tiff was just as bad before the accident
as it is at this time. DR.. Mayberry was
Intercepted by A. A. Graham, special
ist in conducting medical examinations
and is able to cope with most any physic-
IAN Besides he was reinforced by the
company's head physician. DR.. Mum Of
Topeka, who prompted him occasionally
on the exceeding fine points. DIR. May
berry was given the hardest trial in
medical, surgical and anatomical exam
ination that he probably ever got. but his
answers and demeanor upon the stand
proved that he was thoroughly posted in
his profession, and his testimony in favor
Of Mr.. Duran was not in the least shak-
en-. He was forced to tell the cause of
Mr. Duran's flabby muscles, the objective
and subjective cause Of a functional de-
rangement, and common sickness, the
technical results of overwork, the effect
a thumb pressure upon the spine would |
produce upon the hearts action, the diff
ferent causes for the loss of flesh, differ |
ent causes for non-assimilation of food
properties, and hundreds of other ques-
tons more difficult, which were asked |
and re-asked in different ways in order !
TO confuse the witness. DR.. Mayberry |
was highly complimented on the exam
inatfon after the adjournment of court.
The case will be taken up again this |
morning.