Arizona republican., 1915-12-16
DOWNES-CULVER
 SUIT IS BEGUN

Mrs. Marilta DoWnes, widow of the late pr William T. DOwnes, who died from injuries received when an auto mobile driven by C. M. Culver struck him on the evening of November r, 1914, in suing MT. Culver for damages in the sum of $10,000. The trial of the case was begun in superior court yes terday The evidence was all put in and 930 this morning the jury will be instructed and arguments will be be- gun
 The accident resulting in the death of Dr. DOWnes took place at the cor ner of Monroe street and Sixth ave nue. Captain PierpOnt Minor was the first witness. He prepared the map of the scene which he explained to :! the jury. The little gray-haired wom- an who for forty years was the wife of Dr. DOWnes was the next witness. She said that her husband left the house that evening shortly after sup per He was going to a store on Van Buren street and Sixth avenue It was quite dark, she said, a few mo- ments later when she left the house to post a letter at Five Points as she came out of the house, she said. she noticed an automobile on the l northeast corner of Sixth avenue and Monroe street. The machine had no ! lights
 When she returned AIr. and Mrs. 1 Cluver and pr. w. w. Wilkinson were 1 by the side of her husband and she i asked that the family physician, Dr. | DOran, be sent for MT. and Mrs. l Culver and pr. Wilkinson were on 1 their way to a banquet at the Y. NJ
 c. A. and left shortly afterward Mrs. Downes testified that she did not see them again until they met in
 the courtroom. Dr. Downes died at l II o'clock that night. She said he
 had been in excellent health.
 Mrs. R. o. Green was sitting on the l porch of her home on the southeast l corner of Sixth avenue at 6:15 | o'clock that evening. She said it was l quie dark and she could not see
 across the street, but she heard a
 machine No horn was sounded and i she saw no lights. There was no street
 lights nearer than a block away. A 1 little later she saw men lighting 1 matches. Dr. Dorant testified as tC l the death of pr. Downes of a frac- tured skull.
 Paul Gordon was driving along
 Sixth avenue after the stores were l closed. He testified as to the dark
 ness of the night and said as he va: 1 nearing Monroe street woman rar | to him, exclaiming: We have strucI
 man." Gordon said he did not heal 1 a horn blow. He noted that aftel l putting Dr. Downes in the car Mrs 1 Culver said. You had better light the | lights" Gordon said he burned paper 1 and followed the track for fifty feet ! and the machine was left on the side of the road.
 George Sargent who was with Mir | Gordon. corroborated his testimony Both men said that NJ. Culver re- marked that it was late for a gather ing It was Sargent who suggesed ! taking the injured man to the hos | pitaI and said that on the way Mir l Culver remarked, This iS the second
 time this has happened to me" There
 was some testimony as to the posi- tion of the car, showing that it was 1 about six feet to the left of the cen ter Of the street.
 1 After some testimony as to the reg 1 ulation for cars, Win Isley was pu
 on for the defense. He said that hC l had put on the street lights tha night at 6:15. pr. Wilkinson said tha after assisting in the removal of Dr l DOwnes to the hospital he returned
 to the banquet at the Y. M. C. A, ar irving at 6:3O o'clock.
 Dr Culver took the stand. He saiC l that he was in the center of the roat l and that Dr. Downes ran into his car 1 He said that he gave warnins shout. He stated that he did not soun' | his horn, but he was not travelling more than ten miles an hour. Afte' Dr. Downes was taken to the hospita | he seemed to revive and wanted t' get out of the car.
 The attorneys for the plaintiff ar' former Attorney General George Pur dy Bullard and Assistant County At tOrney Leon s. Jacobs. The defendan is represented by Judge c. F. Aims
 worth.