The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-10-12
Twelve Men Who VIII SIT During the
Trial Of Big Damage Suit Were
Sworn in Yes
terday.
ARGUMENTS
OPENING
Attorney John E. Craig Opened for
the Prosecution and Attorney D.
Fl Miller for the
Defense.

Twelve jurors who will be asked to |
assess damages against Taber Lum-
Der Company for the death of Roy
Million, who was killed in a runawa
while driving wagon loaded with !
pickets, were sworn by C. B. Lake,
clerk of the district court, yesterday
afternoon at 1925 o'clock. Today the
opening arguments were concluded
and the introduction of evidence be-
gun. The jurors serving on the case
are the following:
B. c. Kellogg, third precinct, Keo.
kuk.
Len Brewer, Montrose township.
Roscoe Kiser, sixth precinct, Keo-
kuk.
! E. H. Avis, Des Moines township.
John Waite, fifth precinct, Keokuk
w. H. Spencer, third precinct, Keo-
kuk.
+. D. Bland fifth precinct, keokuk.
B. F. Price, Des Moines township.
/ Charles Horner, Des Moines town
ship.
J. A. Camp, Van Buren, township.
| John Hayes, Charleston township
Peter Finerty. Jackson township
| toutside).
Craig opens for the Plaintiff.
In his opening statements to the
jury, Attorney John E. Craig said
thai they would attempt to show and
| nj ootC Of
the part of Taber Lumber Company
which contributed to the death of
Roy Million, an employe about forty
years of age. Attorney Craig very
briefly reviewed the manner in which
the accident occurred. Million, ac-
cording to his statements, was order
4 ed to drive wagon loaded with pick
cts and the prosecution will attempt
! to show that the pickets were negli-
4 gently loaded. In going over a ditch
said to be sixteen inches deep the. top
pickets fell forward from the top of
the pile, knocking Million from his
seat off onto the tongue The pickets
struck the horses, causing them to
run away Million rode on his peril
Gus journey until the right wheel OF
the wagon struck pile of dirt at the
side of the road, causing him to be
thrown under the wheels, run over
and killed. Attorney Craig pointed
out to the jury that the employee had
a right to assume that the pickets
were properly loaded and that there
| could be no contributory negligence
] on his part in the matter The fact
that there was ditch was also
charged to negligence. The ditch
was known to have existed for il
caused various other accidents Of
: minor Importance. Attorney Craig
| went on to explain how the pickets
. had been unsafely loaded. Summing
it all up Attorney Craig said that they
would try to show that the defendant
5 company had been negligent in allow
ing the ditch to exist in leaving Il
: OPEN in ordering man to drive the
wagon and in not properly loading it
Attorney d. F. Miller, the leading
counsel for the defense, made the
opening statements. beginning at 81!
O'Clock this morning. Attorney Miller
stated that they expected fair play a
the hands of the jury, and did no
wish to have prejudice thrown init
the box because they were corpora
ton He said that Mr.. Craig mus
certainly have been misinformed IL
some particulars and referred espec
tally to the manner in which the pick
cts had been piled upon the wagon
Experts will be brought to testify, h
said that they were SO placed as t,
be the most safe Men who have phi
ed pickets for twenty years or NOR
diu the work. Attorney Miller wen
on to speak Of the fact that the &C
cident was an unfortunate one. H
then plunged into the, dimensions @
the ditch and spent considerabl
time in pointing out to the jury wha
the defense would attempt to prove b
the evidence which would be Intro