Rogue River courier. (Grants Pass, Or.) 1886-1927, 1904-01-21
.DUNHAM AWARDED $4,000
Cases Disposed of Durins the
Week.

Inc most important case trleu De-
fore the circuit court this term was
that Of e. A. Durham VS. The South
ern Pacific Company, and action for
damage consequent on an accident
that cost Dunham leg while work
ing as an empoly Of the company in
the railroad yards at Grants Pass IN
March, 1902. The case was the only
jury trial Of the term. Tie plaintiff
attorney was A. S. Bennett Of
the Dalles, while the defendant was
represented by W. D. Fenton and R.
A. Letter, Of Portland. The case be-
gan on Thursday aud the greater por-
tion of three days was taken up by
the trial The following jury was
selected: W. j. Cosmey, H. H. Spar
lin Thos. Leith, VIM. Turner, I. F.
Croxton. W. S. Barrie, II. Downer,
G. II. Stevens, Jos. McCaslin, Jos.
Raucb, H. II. Gibbs, W. S. Robinson.
The defendants attorneys endeavored
to show that the accident was caused
by Dunham's own carelessness The
arguments by Fenton aud Bennett
were masterpieces of legal oratory.
The jury's verdict awarded damages
to Durham in the sum of $4,000 and
the following special findings were
also submitted by the jury:
l. Did the plaintiff prior to the
time and place Of he accident, know
that the hand hold on this engine
was missing?
No.
2. Could the plaintiff. as a reason
ably prudent and careful person, by
the exercise of ordinary care, prior to
the time and place of the accident
have seen aud ascertained that this
hand hold was missing if he had
looked?
No.
g. At what rate of speed was this
engine moving at the time and place
when and where plaintiff attempted |
to board same when he was injured?
Five miles an hour.
4 Was it dangerous for plaintiff to
attempt TO toard this engine at the
time aud place when aud where he
was injured, if the hand hold had
been in good condition?
No.
A motion for new trial will
argued before the court on Saturday
On Friday, information was filed
against Fred Phillips, on the charge
of larceny by stealing from the per.
son of another. Phillips plead guilty
and on Monday was sentenced to a
term of three years,
On Friday also, the information
was file against Elias G. DeArmon,
on the charge Of maliciously an
wantonly wounding and injuring an
animal, the MNperty of another.
The information accuses him of shoot
ing COW, the property of John Ran.
znu on October 2, 1903 Bail was fixed
at $500 aud on the defendants ap-
pearance before the court on Satur-
day, he was given until Monday to
make his plea. At that time. the bill
Of information was found faulty and
was remitted to the district attorney.
The greater portion of Monday was
taken up by the Grove divorce case,
in which a very large amonnt of con-
hictiug testimony WIS offered. No
decree has yet been given.
In the case of McGinnis VS. Nc
Ginnis, divorce decree was given.
In Flanagan VS., Horn, ct al, a
Judgment by default was entered and
The plaintiff allowed the sum of
1876. so
In Stevenson VS.. Southern Pacific
Company, plaintiff was given 30 days
in which to file an amended com
plant.
The case of McCallister VS.. Nc. ,
JAllistor was referred to L. NJ. Cal. (
'ins to take testimony and report at &
.he next regular term.
The case Of Hyde Bros. VS. Cousino {
Bros. was dismissed.
In the case Of Belding VS.. Belding.
decree Of divorce was granted.
Court adjourned Tuesday morning
until Saturday, January 90.