Daily capital journal. (Salem, Oregon) 1903-1919, 1904-10-13

II
one-half from her at the time she was
4 killed. The train was preparing TO spot
4 the way cars at the depot, while the
train men went to dinner. He was
standing sideways to Mrs. Penland. He
was not aware of the opening in train.
The train men had not made an open.
ing train for the purpose of pedestri.
ans to pass through. He called "'look
out" the first time he called, but did
not remember what be called the second
time. Said the engine was stopped in.
stantly when he gave signal, and the
slack then ran out of the train, and
that killed Mrs. Penland, not the move.
ment of the whole train. The other
brakeman was standing two cars east
Of Mrs. Penland, making a coupling
There was an opening Of about two
feet about six feet west of the side
walk, caused by the slack running back
toward the engine. The accident did
not tear Mrs Penland's clothing. The
coupling was not violent. When asked
/ by Attorney Inman if he could state
/ the exact place of cars before aeci-
dent, he said he could, but could not
tell whether there was an opening in
the train or not. Also that the brakes
were not set on the cars, but a board
was placed under the wheels to keep
them from running down grade.
Harry Frink, the other brakeman,
was next called. Witness stated that
he was making a coupling at the east |
side of the street car track at the time |
of the accident. Testified that bell |
was ringing, and engine was moving
very slowly. He was standing with |
his side toward Mrs. Penland. The first !
time he saw her was when she dropped.
He also said that he did not know of |
the opening in the train. The opening
was caused by flying switch failing
to couple. He heard Brakeman Clark
yell "look out, - and yell again; he
then went over to where she fell and
picked her up. She was laid on the !,
ground just west of the fire hydrant on
that corner. He saw blood at point she
was picked up, but not where she was
laid on the ground. Witness was two
cars from Mrs Penland when she was
crushed. Witness stated to plaintiff s
attorney, when cross-examined that he
was not there to warn people. 5. .
Thompson, the conductor, was called, !
and stated that he was at the freight o
depot when Mrs. Penland was killed. .
He was transferring freight, and heard E
some one yell, and went TO investigate. .
The cars ON which he working were f
coupled to the one against which Mrs. n
Penland was killed, and those cars did q
not move when the others struck them. p,
Lawrence Hofer was the first witness n
called on rebuttal. Witness stated that n
he was at The journal office just before =
the accident, and saw Mrs. Dyer and :
-wo boys pass. After the accident Mrs p
Dyer turned around and started back,
md witness asked her what was the
Mrs, Mary Carey was called again, W
md stated that she had crossed this e
.rossing many times, and testified that II
Mrs. Penland 8 hearing was good. II
W. s. Low was recalled and stated h'
ha. he lid not see any one standing in I
he middle of the street with bicycle, ST
md did not see any one standing near p
he nhhee Club. NJ
d. 5. Radabaugh was next called, e
nd testified 10 the same effect as Mr.. In
low. On cross examination witness
aid he saw lady assisting after the
ccident, but did not see woman with II
'icycle, and would probably have seen v
er if she had been there
This closed the rebuttal and the at
oneys for each side were given an
our To argue the case. A motion for
on-suit at the end Of the case was
verruled, as also was motion for a "a
irect verdict
Penland Case Argued.
At 1880 the testimony was an con. ."
luded, and the court allowed an hour -
o each side for argument Of the ease. F,
ir Turner opened for the plaintiff with
very plain and impartial statement OF
be ease, and at one time had many of
he friends and members of the Pen Il
AMI family in tears. He was followed
" Messrs Letter and Bingham, for the
'outhern Pacific Company, who also
made a very strong and skillful pre-,
entation Of the ease for the defend
mt corporation. II was easy 10 see
hat the jury would be up against
cry dificult ease 90 decide, although
he general opinion is that Turner & n
nman have worked very hard, and =.
aade out very strong case for the =