The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-30
$4,000 VERDICT
Is RENDERED
For Defendant in Famous
Marshall Case.
JURY OUT SHORT TIME
Ex-Governor Stanley Defended
Railroad.

About 3:45 yesterday afternoon a verdict
was reached by the jury in the damage
case of Marshall Us. the Rock Island
railroad, after being out only a few min
utes. The jury returned verdict in IA
vor of the plaintiff for 5000 damages,
1000 less than the amount asked for by
the plaintiff
With this decision ended the third trial
OF this particular case. The suit is the
result Of one Of the most deplorable ac-
cidents that ever happened in Wichita,
and one that is remembered by all. On
September 13, 1898, Buffalo Bilfs Wild
West show appeared in Wichita, and on
that evening, as the crowds were going to
the show grounds in Mathewson' 5 pasture,
q Rock Island sOuth-bOund passenger
train crashed into carry-all which was
filled with people, at the Douglas avenue
crossing Mrs. Maggie Marshall was
among those killed in the accident, and
John c. Marshall, Jr, administrator OF
the estate, in behalf Of the dead woman S
children brought suit against the rail-
road company Tor damages TO the amount
of &O.OO0 The plaintiff charged the COM
pany and employees with negligence, and
on this charge brought suit.
The case was tried once and the result
a y.
plaintiff was given verdict for $500. 1t
has attracted attention all over this sec
ton OF the country and many persons
have anxiously waited for the final YER
dict.
The third trial of the case opened up in
the district court Monday afternoon with
Houston & Brooks attorneys for the
plaintiff and Ex-Governor Stanley, Yer
million a. Evans attorneys for the defend
sara1 llxr he icEf
was urged, and the last testimony was not
taken until O'Clock Tuesday evening.
Yesterday morning the court read the in
structioms TO the jury, requiring about 40
minutes in which to do it.
After the instructions were read, each
side was allowed one and one-half hours
in which TO argue its case. The whole
time was taken up and some very elo-
quent pleas were made on both sides.
c. H. Brooks opened the argument for
the plaintiff He reviewed the testimony
In detail He was followed by r. r. Yer
million Mr. Vermlion regarded the case
purely as it pertained to the law and
placed the facts before the jury in
clear, concise way.
The argument for the defense was
closed by Ex-Governor Stanley. He paid
q beautiful tribute to the love and wo-
manhood of the mother. Mrs. Maggie
Marshall, and for time X appeared that
he was arguing for the plaintiff but he
closed by saying that the pathos con-
nected with the case should not be con-
sidered by the jury in its verdict. His
was a most convincing argument. but the
verdict returned was not in line with the
ex-governor's eloquent plea.
]. d. Houston closed tine argument for
the plaintiff with a brilliant and touching
plea for the children made motherless
by the accident, and asked that the eX-
IRENE verdict of $1,000 or nothing be
given.
AT 3:45 p. m. the jury returned the
verdict for the plaintiff, and the case
closed
The jury who sat on the case were:
A V. Washburn, Craig Sloan. George
McQuillen. r. l.. Emmart. VIM. Dillon,
H. NJ. Carlson, W II. Goodsey, W. IL.
Hayden, R. c. Parker, c. II. Cooley. Rob
ert PEOPLES. W. S. TaYlor.