The Norfolk weekly news-journal., 1910-03-25
Jones Case is Still On.

United States circuit court was the
plaintifr, John II. Jones, who was
cross examined by Attorney Wright
for the railroad company.
The twelve jurors in the Jones case
are: r. Henry Freese, Elgn; George
Little, Madison; Ernest G. French,
Clearwater; Albert J. Schnetzky, Stan.
ton; Peter +. Zimmerman, Battle
Creek; Albert +. Gardels, Battle
Creek; w. l.. Boyer, Battle Creek;
stephen r. Dunn. Norfolk; Jacob
Baum, Norfolk, The other jurors were
excused until 1880 this Afternoon.
The next case to- be tried will prob
ably be the case of the Mercer state
bank of Pennsylvania versus the Citi-
Zens National bank of Norfolk and the
Meadow Grove State bank, after which
the bankruptcy case of Leroy S. Angel
of Spencer Boyd county is expected to
come up. Owing to the fact that Angel
is in Colorado Judge Munger has been
looking up the statutes, and is of the
opinion that Angel cannot be brought
here for trial, and the case may be
referred back.
Jones was on the stand until AIS
p. M, after which two other witnesses
we're called by the plaintiffs counsel
for direct examination.
Attorney Cones for the plaintiff
stated that he had one more witness,
Dr. Barnes of Plainview, who how
ever, on professional business was
called to Omaha, and Judge Cones
asked permission to recall Jones. The
court, however, granting the permits
sion ordered recess until $3.50 Tues
day, at the same time instructing the
Jury for the second time that they
must not discuss any feature of the
case being tried before them until
all evidence was given.
Railroad Claims intoxication.
The main point the counsel for the
plaintiff was endeavoring to bring
forth was the fact that the plaintiff
received his injuries on the property
of the Northwestern railroad company
at Plainview, while on the other hand
the defense seemed not to be inclined
to dispute that point but to endeavor
to show that Jones was intoxicated
when the accident happened.
Jones who was on the stand for
about five hours under examination
admitted that he had been working
since receiving his injuries. lengthy
history of how the accident happened
at Plainview took up most of the time
during which c. G. Wright, assisted
by Burt Mapes for the railroad, tried
to get Jones to admit that he was
intoxicated when he got off the train
at Plainview on the day of receiving
his injuries. Attorney Cones, counsel
for the plaintiff, objected to the direct
questions as to whether Jones was in
toxicated and the objection was sus-
tanned by Judge Munger. 1t was also
drawn from Jones that at one time
after he had received his injuries he
had run foot race for wager for
cigars.
Claus Lorenson. manager of the
Wertz Lumber company of Plainview
for the past nineteen years, testified
that while working in his Office on
about January or s he saw Mr..
Jones who was in company with Aug
ust Schoerluke fall on the sidewalk in
front of his office. The sidewalk, he
testified was built by the Northwestern
railway company and later testified |
1t was the f. e. and M. V. who built |
the sidewalk. Isn't that the same as
the Northwestern" he asked Mr..
Wright, who shook his head sadly, |
saying NO"
He was questioned as to the condi- |
ton of the sidewalk and when Civ |
ing his opinion was admonshed by |
Judge Munger who instructed him |
not to give any opinion but to only |
answer the question. He, however,
stated that plank in the walk was
loose and, outside of that, the walk
was in good shape.
Was a Bit Tipsy.
August Schoerluke was called to the
stand at 4:30 in the Afternoon and tes-
titled he went to the train and met
Mr.. Jones who, he believed from the
conversation he had with him, was
but not to such an extent
that he could not walk straight. He
said he stepped on a loose plank near
the Wertz Lumber company and that
Mr.. Jones had tripped over it and
later complained of being hurt. Jones,
he said, went TO saloon and later to
the Office of DR.. Barnes, who attended
him.
The court took recess till $50
Tuesday when the testimony of DR..
Barnes was expected.
That the court will last but three
days here is taken from the state
ment of Judge Munger who, giving the
jury instructions to be at the court
on time in the morning. said that they
would probably only be wanted for
about three days.
So far as can now be seen but one
more case will be tried in the court,
the case of the Bank of Mercer, Pa,
versus the Meadow Grove State bank.
The Angel bankruptcy case will prob
ably be referred back.
That the defendants in the Jones
case had something up their