East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-04-20

BY eye witnesses and persons who
claim TO have examined the scene Of
the accident within a short time aft
er the collision, the plaintiff in the
Twitchell-Thompson $4,000 damage
suit is today seeking TO establish its
contentious. namely, that w. l.
Thompson was driving his automobile
at high rate Of speed and on the
wrong side Of the street Just before
the collision and that the RESPONSE
bility for the accident rests with
him.
SO far the attorneys for the plain
tiff have produced only one eye witt
ness aside from the boy plaintiff
F.. himself, and the defendant, most OF
the other witnesses this morning
and this afternoon testifying chiefly
to the auto tracks they saw on tho
pavement right after the accident.
What is believed to be the trump
card of the plaintiff was played this
morning when John Play, OF Wal
Iowa, who claims to have been an
eye witness and to have been the first
person to reach the side of the in
jured boy took the stand. His tes'
timony directly contradicted' that Of
the defendant last evening as to tho
speed and course Of the auto.
He testified that he and his sis
ter-in-law were coming down Court
street from the hospital where they
had been to visit the late Douglas
Play and were just crossing Lee
street when he noticed the auto COM
ing down toward them, down the
east side Of the street Mr. Play
declares he noticed that the car was
travelling at a pretty high speed,
possibly 25 miles an hour. and that,
to protect his sister-in-law, he push
ed her gently in advance of him TO
hasten her across the street He had
just reached a point near the west
curb when he saw the boy round tho
corner on a bicycle. The driver OF
the car, he said swerved his machine
to the right and the collision fol-
lowed. The front of the car struck
the bicycle broadside on its right
hand side, he said, knocking II about
10 feet and the boy further and to.
ward the west. The car then went on
about 20 feet, he said. until II col
lided with wagon standing by the
right curb. He ran at once to the
boy, he said, and picked him UP
later turning him over to the men
In the car.
on cross examination 1t developed
that the witness claimed he had new
er told anyone, not even the att0r-
neys for the plaintiff, his version of
the accident Judge Bennett had
written to him, he said, but in his
answer he had said only that he saw
the accident Frederick Steiwer for
the defendant had visited him in
Wallowa. he said, but he had refused
to tell what he knew Also he said
he had refused to tell counsel for tho
plaintiff yesterday morning what his
testimony would be. In his cross
examination, Col. Raley laid the
grounds for an attempt at impeach-
ment by asking him II he had not
told George oDanlels shortly after
the accident that he was taking
measurements to qualify himself as q
witness.
The first two witnesses this after
noon, Fred stlckler and D. Turner
testified as did several witnesses IN
the morning that they saw auto
tracks on the pavement right aftef
the accident and that they were on
the east side Of the street and cross
ed dlagonally to the west near where
the accident occurred. 1t Is believed
the plaintiff will take a good part Of
the afternoon for its testimony and
that the defendant will consume
most OF tomorrow.
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