The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-05-20
Given Wheeling & Lake
Erie Bra KEENAN, for
Loss OF ONE ARM
The Stark County Grand Jury
May Investigate the Testi-
mony Of Some Parties
Concerned.

suit Tor damages against inc
Wheeling and Lake Erie railroad
which has attracted some attention
from railroad men and to which con-
siderable local significance is attached,
was settled Thursday at Toledo by the
common pleas court, which gave to
Cotter II. Bennett. former brakeman
on the Toledo division, damages in
the sum of $4,000 because of an acci-
dent in which he suffered the loss Of
his left arm. Concerning the matter
the Toledo Blade has the following to,
say:
THE settlement yesterday afternoon
of the case of Cotter II. Bennett
against the Wheeling and Lake Erie
railroad company on a basis OF $1,000
was the basis of considerable comment
at the court house.
Bennett was brakeman or a con-
struction train, from which he was
thrown and his left arm was cut off.
He sued for $4,000, but, OF course, he
did not anticipate verdict Of any such
amount, for Ohio laws provide that
$40, 600 is the limit for life.
The 5000 settlement IL one of the
largest ever effected in Lucas county
in case where the plaintiffs injur-
les were no greater than Benefits.
Doubtless, the sensational disclosure
that Engineer Shean was not in the
locomotive cab and that Conductor
Monnin was at the throttle precipi-
tated the settlement. Under the cir
cumstanoes, there could be no doubt
as to the liability of the railroad COM
pany, If the air brakes were improp-
erly operated, as the plaintiff AYERS
they were.
The deposition of Engineer Shean,
by which he created the impression
that he was operating the engine at
the tine Of the accident, was taken
at Canton. The grand jury of Stark
county is now in session and it is said
that this matter will be laid before
that body. 1t is also limited that other
railroad employees may be involved and
that charge of subornation Of per-
jury-procuring false testimony-may
be made against them.
In the case that has just been dis
posed of, the oral testimony of Con-
ductor MOnnin and Fireman Rose was
not introduced. Attorney G. A. That
cher, who, with former Attorney GEN
eral Frank s. Monnett, conducted
Benmett's case, received letter yes
terday from Attorney Young, of Mas
sillon. Mr.. Young had interviewed.
Rose, who said that Conductor Mon
min was running the engine when Ben
nett was hurt No evidence to the
contrary was introduced by the rail-
road company after Shean's sensa-
tional disclosure, and Rose who was
expected here to testify, got no farther
than Norwalk.
Attorney c. A. Seiders, for the rail-
road company, says that false i'm
preston has been created by Shean's
statement to the effect that he would
lose his job II he testified to the whole
truth, when his deposition was taken.
Mr.. Seiders claims that the reason
Shean feared the loss Of employment
was because he was violating a rail-
road rule when he left his engine in
charge Of the conductor, and not be-
cause the railroad officials would dis
charge him II he Ill dnot give false
testimony tending to relieve the COM
pany OF responsibility for the acct
dent"
Frank Williams has resigned his
position as baggagemaster at the
wheeling passenger station and Leo
Moftett, warebouseman at the Wheel
ing freight Office, has been appointed
as his successor.
Assistant Trainmaster w. T. Wolf.
OF Allegheny, was here IN conference
with Freight Agent W. H. Oliver and
other Fort Wayne officials Thursday.
His viscit was merely in the nature OF
an official call and had no special re-
lation to local railway affairs,
TRUST GETS ANOTHER.
Urbana, o., May 1.-THE Ohio
Strawboard company, of this city, has
been merged in the United Boxboard
and Paper company, the agreement
having been signed yesterday. The
consideration Is understood to be
about 100000 In stock Of the new con-
Germ.