The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1907-06-06
CONFLICTING TESTIMONY IN
CONTINUED from Page One)

ton which divided the car in two.
Three miles out of Cheyenne a small
wreck forced them to pull back to
town. In this wreck several of the cat
tie were injured and a number of farm
implements broken. This occurred on
Sept. "a. The next day they started
again and at Lookout station at 5
o'clock in the morning the accident oc-
Cured which resulted in his brothers
injuries.
They were standing on side track
waiting for an east bound freight train
to pass. His brother was asking the
conductor a question when the car
gave a sudden jolt and damned his
brothers face between the door and
door sill. Witness said the conductor
was about 10 feet away when the ac-
cident occurred.
Cross examined as to how he was
able to see all this from behind a
wooden partition. witness said he was
looking through a large crack in the
wood at the time.
The jolt, witness said. threw him be-
tween the hay and cattle. He dug him
self out and went to the assistance of
his brother, whom he found lying un-
conscious on the floor and bleeding
from his ears and nostrils.
Witness said his brother was taken
out and placed on an east bound
freight train which arrived a few min
utes after the accident, and his left
ear sewed up by a doctor in the ca
boose. a few miles east of the scene of
injury.
Witness said that all this time his
brother was still unconscious and
grOaning. After his ear was sewed up,
witness declared his brother was put
on the first train west and placed in
the Rock Springs state hospital at
Rawlins, Wyo.
Maher stated that he was with his
brother until 9 o'clock that night, when
he caught the first train west and
came to Walla Walla.
Asked by counsel for defendant if,
while testifying at the other trial he
did say bolt had nothing to do with
his brothers injuries, witness said he
didn't remember saying anything
to that effect, whereupon coun-
sci for defendant read his former tes-
timony showing that he did lay the
cause of the injuries to a bolt. This
was point gained for the defendant
and it plainly showed in the jurors
foCes.
Maher further testified how he left
his brother at Rawlins, coming to
Walla Walla himself and not hearing
from him for over 100 days, except to
get fQlppr9rp from ha ito1
thorities. He admitted having lost the
telegram.
At this juncture counsel for defend
ant tripped witness up by showing him
how at the former trial he admitted
having heard from his brother the
same night he arrived in Walla Walla,
which was not 10 days after the in
TRY.
At this point recess was taken till
2 o'clock this afternoon, Judge Whitson
admonishing the jurors not to hold
conversation with any one regarding
the case or the testimony so far pre-
scented.
When court met this afternoon Ern-
est Maher, the plaintiff, took the stand
ana related incidents happening before
and after the injury to himself
He said he was steam engineer and
machinist and had been working in
southeast Colorado for seven years
prior to the accident His home is in
College Place, Walla Walla county.
Plaintiff said he was feeding stock
when the conductor called him from
the outside to talk to him. AS he stuck
his head out, the train started the jolt
causing the door to close and pinning
his face to the SILL
Regarding the injuries done him by
the accident he said he has terrible
pains in his head and now, even, 1t
the present time. Doctors, he said have
told him that his skull was fractured
He had trouble in eating.
William Moody, of Wilson & Moody,
counsel for defendant, here commenced
a broad side of rapid questions which
embarrassed plaintiff to such an ex-
tent that he contradicted several of
his statements given as testimony at
the previous trial. One in particular,
gained a point for the defendant. Upon
question from counsel for defendant.
plaintiff said he had eaten nothing
from the time he left the hospital until
he entered a restaurant in Pendleton.
Ore. Counsel for defendant showed
how plaintiff testified at the other trial
OF having been assisted to partake of
food by several people On the train
Several other minor crosS-fire que
ries by defending counsel resulted in a
fiat contradiction of plaintiffs former
tcs timOny The case will be resumed
at 10 o'clock tomorrow morning.