Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1901-10-17
the wheel with the result that it had
to be amputated at Brainerd.


Fargo, Oct. 12.-There were many
interesting events in the trial of the
Sl5, 1000 damage suit of Lewis Cadieux
VS.. the Northern Pacific railway COM
pany which is on trial in the United
States court. In the forenoon the
testimony for the plaintiff was com
pleted and the jury was excused until
O'Clock while a motion to dismiss the
action on the ground of contributory
on the part of the plaintiff. Exhaus-
tive arguments were made by the at
torneys on the subject ending in the
court denying the motion.
The case for the defense was then
opened by statement of the case by
Attorney Watson for the defense. He
stated that the injuries were received
Dy the plaintiff and no evidence would
be brought to show that they were not
sustained but stated that by the wit
nesses to be introduced they would
snow to the jury that there we're no
holes in the roadbed where the acci-
dent occurred and that there was no
negligence on the part of the company.
tie stated that the testimony Of the
plaintiff himself, in which he stated
That the way he undertook to make
the coupling was the most difficult
and hence the more dangerous one,
was sufficient to show that he was
negligent himself and that on that ac-
count the defendants could not be held
liable.
At the conclusion OF the presenta.
tlon OF the defense to the jury, En-
gineer Hofacker who was in the en-
ploy of the company at the time Of tie
accident and was running the engine
which inflicted the injury to Cadieux
on the date claimed was called to tie
stand and told of the accident. Ee
stated that after the accident had &C.
Cured he took the coach onto which
the coupling was to have been made
and took it up to the depot where lie
remained for time in his opinion be-
tween one half to one hour. He
then testified to having returned to
the place where the injury occurred in
the company with number of other
railroad men and testified thatat thai
time there was nothing defective il
the track or roadbed and that ther,
was but one hole of any description il,
the bed OF the track, and that hao
been made by the toe of Cadieux's
shoe at the time of the accident. The
following witnesses who stated that
they accompanied Hofacker at that
time did not remember Of seeing the
hole at all, and the plaintiffs attor-
neys seem to be preparing evidence SO
as to show that during the half of an
hour that the men were at the station
helping care for Cadieux that Sec
tlon gang working on the track had
been rushed to the scene and the holes
filled up. Conductors Gallagher and
Walters were on the stand and testi.
fed to the condition of the roadbed
which they thought was good and
stated that there were no holes by
which the plaintiff could have been
tripped.
There was some amusement caused
by the testimony Of Hofacker. He
objected to being cross-examined and
thought If he answered the questions
OF the defendants sattorneys he was
doing well. At one time during the
examination Attorney Combs request
ed him to remove his hand from the
front of his face but he stated that
he thought he could talk as well that
way as any other.
Fargo, Oct i4.-In the United States
court Saturday in the trial of the sl5.
600 damage suit Of Lewis N. Cadieux
VS.. the Northern Pacific railway COM
pany the defense adduced evidence to
show that Cadieux had told numerous
persons that his injury was due t,
having caught his pant leg on slive,
causing him to fall upon the rail. A
large number Of witnesses were called
who sWore to having heard Cadieu,
state the splintered rail as the caus,
of his injury.
Testimony of the defense continued
today.
Fargo, Oct. I5-In the United
States court yesterday the defens,
to present employees of tn,
road who testified that the tract
where Cadieux was injured was in tn,
best OF shape ard that there wa.
in the ballast that woul,
cause the accident. More evidenc,
was presented along the line that tn,
splinter on the rail was the cause O.
the accident.
Shortly after noon the defense an
that the evidence was all j,
and Attorney Combs announced tina
the plaintiff would use the right t,
present evidence in rebuttal ant