The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-29
WANTED A BONE BROKEN
JOHN BRENNAN's UNUSUAL SCHEME
TO SECURE DAMAGES.
The Proposition He Made 20 DIR. Null
lin Repeated in COurt-Other
Cases in the Courts.

There was a line Of testimony in the dam
age suit OF John Brennan against the street
car company. on trial in Judge feathers
court yesterday. that was out Of the ordi-
nary. From start to finish the case has
presented several unusual features. Bren-
nan alleged that he was thrown off a street
car while it was rounding a curve on Oil
yer avenue. in West Indianapolis The
street car company attempted TO show that
Brennan was intoxicated when he was
thrown from the car The evidence was to
the effect that Brennan was riding on the
car with woman and was standing the
rear platform smoking a cigar. In con-
versation between the conductor and two
other men. it is said. Brennan imagined
that they said something about the woman
he was with and an alteration ensued.
While they were quarreling The car struck
the curve and Brennan was thrown. He
wasrpicked up and brought down town and
went TO the office Of DR.. Mullen TO be ex-
amined-
The street car company sprang a sur
prise yesterday in attempting to show that
Brennan had asked DR.. Mullen when he
found no bones were broken 10 break his
arm so he could sue the street car COM
2any and get damages. There was long
argument between the attorneys over al
lowing this evidence to go TO the jury, but
Judge Leathers decided that the cOnVersa-
tion between Brennan and the doctor
DR. Mullen was called TO the stand and
testified that after he had examined Bren-
han and told him there We're no dislocauons
nor bones broken, Brennan asked MN 10
break one Of ais bones and he would pay
hifp a liberal fee out of damages he would
receive from the street-car company. Dr.
Beck, Of Lebanon, then a student in Dr.
MulIcn's office, was also called 10 the Wit
ness stand. He cOrrObOrated the statement
Of DR.. Mullen regarding Brennans re
quest 10 break his arm. The plaintiff did
not contradict the statement.
Wien the evidence was all in Judge
feathers allowed each side fOrty-1ve min
utes for ar unent Attorney Newton NJ
Taylor opened for the plaintIm, and spoke
but fifteen minutes, intending 10 give
Frank McCray the remainder OF the time
10 finish and make the principal argument
The case. however. suddenly terminated
when Attorney Latta, for the street-car
company said he would submit the case
10 the jury without further argument and
McCray cid not get 10 make MS speech
The jury was out but a few minutes, and
returned a verdict for the street-car COM
pany.
There have been number of Unforeseen
Incidents in the case since 1t began that
have placed the attorneys al a disad-
vantage. The first was when the street-car
company attempted to show that Brennan
had served "A term in the workhouse since
the accident. His mother was on the wit
ness stand and when Attorney Latta asked
heI about his Imprisonment. she replied Il
don't see what that has TO do with this
case and I Will not answer such foolish
questions" With that she left the witness
stand and took seat in the back part OF
the room. Judge feathers told McCray ne
had better talk 10 his witness and McCray
said he had never spoken to her; that he
mad only been called into the case by Tay-
Tor. Taylor vent 10 the rear OF the court
room and talked 10 her but she would not
testify. Attorney Latta then agreed TO
allow her 10 leave the stand.