Barbour County index., 1904-05-18
DISTRICT COURT.
Jury Fails to Agree in the Rudolph
Damage Suit. Stood 10 to 2 for
Plaintiff Other Cases.

The big case of the May term
of the district court was the dam
age suit for $4,000 brought by
Elizabeth Rudolph against the
Santa Fe Railway Company, on
account of the death of her husband,
Charles T. Rudolph, who was
brakeman on the branch between
Medicine Lodge and Attica. Mr..
Rudolph fell from a freight car in
January 1902 while making a fly
ing switch. The car ran over his
legs and crushed them and he died
from the effects after suffering
about twelve hours.
The jury which tried this case
was composed of the following
persons:
Robert Dunbar joe slats
". P, BUCKLES !; j, F: IFS Fisher
j. W. Burton John Platt
d. s. Deselms R. j. Taliaferro
The case went to the jury Satur-
day morning and after icing out
all day and night, Judge Gillett
discharged them on Sunday morn
ing. Ten of the Jurors were in
favor of giving Mrs. Rudolph
$1,000, and two did not want to
give her anything. They proposed
a compromise by giving her
judgment for S. in order to throw
the costs on the railroad
company. The stubborn ten"
would not entertain the proposition
for moment.
The jurors who stood out were
Joe Slate of Kiowa and John Platt
of Aetna. Theygot the idea some
how that the evidence did not
prove a custom in making flying
switches and riding on the rear of
the car in making them and for
this reason would not consent to
give the plaintiff a verdict. To
the other jurors this custom was
clearly proved. The fact that the
slat in the car to which Mr..
Rudolph held was rotten and de-
fective, that it broke causing him
to fall, was not in dispute. The
only question for the jury to de-
eide was whether or not brakemen
ride on the rear Of the car while
making switches with the COM
pany's knowledge and consent or
direction. This fact seemed to have
been we'll established to ten of the
Jurors for the reason that hand
holds are provided for that pur-
pose on box cars while on stock
cars like the one from which Mr..
Rudolph fell, it was the custom of,
and the intention of the defendant
company for, brakemen to support
themselves by holding on to the
Stats in the cars, according to the
testimony of numerous witnesses.
This is the second trial of the
case. Last October Mrs. Rudolph
secured judgment for $500 but
the special questions submitted by
the Santa Fe's attorney were not
answered properly and a new trial
was granted. 1t will have to be
tried again in October.
When the Index was on the
press last week the case of State VS..
Frank w. Konigen was on trial.
On Wednesday morning a verdict
was returned finding him guilty of
stealing Dal Morris harness at
night and he will have to serve an
indeteTminate sentence in the pen
itentiary from one to five years, as
result. The defendant tried to
plead insanity but the jury didn't
take that view of it. Konigen is a
German with every appearance of
hopeless vagrant.
The case of State vs.. Frank
Moon also resulted in conviction.
Mr.. Moons crime was that of steal
ing COW belonging to Herbert
Simpson. He resides at Aetna.
He claimed he bought the cow but
the preponderance of the evidence
was against him.
There was small side issue in
this case. Bur Hinkle, who works |
for John Platt, was witness for
the state but when he took the
witness stand on Wednesday his