The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-23


ened at times to bring on fisticuffs, and
resulted in the doctor warning the law
yer that if he did not cease his insinu-
ating questions, there would be trouble.
Yesterday the incident was repeated.
but in more aggravated way. Colonel
Martin asked the doctor if it was not
true that he had had falling out with
Miss Duffin and that he told her he
would "knock out" her case in court.
REPEATED THE THREAT.
The doctor flushed, half arose, and.
shaking pencil he had been holding
in his hand at Colonel Martin repeated
the threat he had made at the former
trial
City Solicitor Watson jumped to his
feet, and demanded that the court re-
strain Colonel Martin from his efforts
to 1rritate the witness. The witness
and Colonel Martin were exchanging a
fusilade of warm words which savored
somewhat of the customary prologue to
a punching bee. Judge Gordon, aston
lshed at the row, raped vigorously for
order, and called first to one party and
then to the other to desist The judges
eiforts restored order. and then from
the bench came rebuke to witness
and caution to the attorney.
Colonel Martin waited until complete
order was restored. and then asked:
What does the witness mean by the
words look out, Just addressed to me ?"
Dr. Roos in low. calm tones replied:
i Will not answer that question here"
Thls concluded the incident, and the
examination was proceeded with.
AS result of Colonel Martins con-
duct in the cross-examination of Mrs.
w. X. Dolan at the previous trial, Mrs.
Dolan refuses to go on the stand again,
and it will be necessary to have the
testimony read.
Constable Ira Mitchell testified that
he went to the Dolan residence to serve
her with a subpoena and he could not
find her DR.. Dolan, her husband, who
is also witness for the defense, testi-
fled that when he told his wife she
would have to obey the subpoena if Il
was served, she became nervously ex-
cited, declared nothing could induce her
to again go on the stand in this case,
and ordering carriage, she drove
away.
WOULD CAUSE COLLAPSE.
The doctor added, in answer to Mr.
Watson's questioning, that to compel
Mrs. Dolan to come into court would
result very likely in a complete nervous
collapse. Judge Gordon, who apparent
~ appreciated the conditions unhesi-
tatinSly declared that Mrs. Dolan
should not be compelled to come into
court, for the present at least. This
morning he will pass upon motion to
have her former testimony read from
the stenographer's notes.
The defense was opened yesterday by
City Solicitor Watson in clear, de-
tailed statement of what the city eX-
poets to prove.
Miss Duftin, it will be remembered,
sued for injuries sustained by tripping
over large hy-wheel which she claims
was lying on the ten-foot sidewalk
space on Adams avenue, in front of the
c. b. Scott property. She says she
stepped off the flags to let other pedes-
trians pass, The theory of the defense
is that she walked diagonally across
the street from her home on the oppo-
site side, and by reason of the umbrella
she carried, the darkness, the rain,
coupled with her defective eyesight, she
walked over the sidewalk onto the ten
foot reservation and against the wheel
The city would show, MI Watson
stated, that the wheel was three feet
from the sidewalk, that Miss Dufln's
injuries were slight and that she was,
prior to the accident, suffering from
the very ills she claims resulted from
the accident.
LOCATION OF WHEEL.
The first testimony produced by the !
defense dealt with the location of the
wheel. w. w, Murphy, bill-poster, |
told that the wheel was about five feet |
In diameter; that it sometimes rested |
ut am angle against the billboard in |
front of the Scott property and some |
times was fiat ON the ground Less |
than month before the accident, he |
stood on the rim of it, as it was lying |
flat on the ground, to reach up to post |
IL bill The rim was not within three
feet of the sidewalk space. he said
c. L. Teeter, Eugene Miller. Robert ,
Frear and c. b. Scott gave similar tes-
timony regarding the location of the
Wheel
Then the defense proceeded TO show
That Miss Duttin's present physical con-
dition is not the result of falling over
the wheel.
DR.. j. r. O'Erien was put on as an
expert and in answer TO Mr.. Watson's
hypothetical questions stated positively
that, in his opinion, the disorders Miss
Duflin claims now affiiet her could not
De the result of the injuries described
He was subjected to searching
Hypothetical ques-
ions of thousand words or so, teem-
ng with technical terms and demon
knowledge of physiology
hat would be looked for only in an
Expert physician. We're propounded by
Major Warren, The doctor was dis
losed to be a bit perVerse. and lively