Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-11-26
SAYS he RAISED ARM
SAID TO BE USELESS
CLAIM PLAINTIFF TIPPED HAT
TO WOMEN
Jurors Assert They Saw chenoWeth
Who Sues to Recover Damages
for Injury, Eating with
Crippled Limb

A second jury to try the case Of
George M. Chenoweth against the Pa
cific Electric company for $25,595 dam
ages on account of alleged injuries,
was completed in Judge Houser's de-
partment of the superior court by noon
yesterday.
Following the published statements
made by three jurors who listened to
the testimony in the first trial, which
ended in a sensational manner Tues
day, interest in the case was height
ened and there was not a vacant seat
among the long rows of spectators
chairs when court convened yesterday.
According to these jurors Chenoweth,
who claimed his right arm was prac-
tically useless as a result of injuries
sustained in 1. collision between a street
car and a Salt Lake train in January,
was observed tipping his hat to a wom-
an and cutting meat and pie in a res
taurant Monday, the supposed injured
arm apparently restored suddenly to
its normal condition.
Chenoweth was on the stand the
greater part of the afternoon. During
his croSs-eXamination he was asked to
show the jury just how far he could
lift his right arm. With apparent diff
| ficulty and evidences of pain he raised
it to a horizontal position. The pain
he said, was in his shoulder. The ell
bow was not affected, and when he
was asked to bend his arm and raise
his right hand as far as possible he
succeeded, after some effort, in placing
his hand on his brow.
Judge Houser left his bench and took
his stand behind the jury box while
Chenoweth was demonstrating his in
ability to use his arm. and every per-
| the rOon watched fba witness
closely.
is Closely Questioned
"Is it not fact that, during the for
mer trial of this case, you said you
could not raise your right arm without
the aid of your left hand?" asked the
railway company's attorney
Chenoweth said he did not remem-
Der.
did you raise your right hand high
err than your left shoulder at that
time?" persisted the attorney.
81 wasn't asked to raise it higher,
responded Chenoweth.
Chenoweth's voice was little louder
than whisper, and one of the Jurors
arose in his seat and with unmistak-
able anger exclaimed:
There's no use asking that witness
questions; we can't hear him."
Chenoweth denied he had tried to
mislead the jury in the first trial of
the case. Since the accident, he said,
he had been incapacitated until a few
weeks ago, when he resumed his work
as a city salesman. aided by an as
sistant, who drove his horse and wrote
| the orders.
Chenoweth was placed under the in
huence of an anaesthetic Tuesday and
while unconscious was examined by
surgeons representing both sides of the
case. 1t is claimed by attorneys for
the railway company that the mans
arm could be moved in any manner
without the least difficulty. Cheno-
weth's counsel declined to make any
statement regarding the examination
saying developments in the case should
be awaited.
The trial will be resumed Friday al
o'clock. The three jurors, who told
Judge Houser they saw Chenoweth
! freely using lis arm on Spring street
Monday will be called as witnesses for
the defense.