East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-04-21

Temple pass her, travelling north on
the east side OF the street, and stop
at the Temple home next door Al
few minutes afterwards. she said, she
noticed the Thompson car turn into
Lee street from Lewis and come
slowly down the street She testified
that the car was about midway be-
tween the curbings but II anything al
little to the west OF center. She mo-
ticed the boy ride his bicycle into the
street from Court and testified that
he was travelling at a much faster
speed than the car, travelling about
twice the distance in a given time.
She observed the collision, she said,
and was specific In stating that the
bicycle struck the auto and not the
auto the bicycle. Mr. Thompson had
swerved toward the east, she said,
evidently to avoid the wagons stand
ing along the west curb but had
turned again toward the west before
the collision and was guiding his car
into the wagons when the bicycle
struck 1t. She testified that the
wheel rebounded when 1t struck the
car.
Mrs. S. L. Grigsby testified sub
stantially the same although she was
not in a position to observe the acci-
dent as well as her daughter. She
was sitting In porch swing at the
time the Temple car passed, when
the Thompson car passed and when
the accident occurred. She also stat
ed that Mr. Thompson was driving
b his car slowly and down the center
of the street, perhaps little to the
west of center. Her version of the
collision was about the same. Judge
Bennett spent more than an hour in
cross-examining her, seeking to min
imize the effect Of her testimony by
producing a letter she had written to
him from California last December
and In which she made statements
more or less at variance with her
statements on the stand He also
questioned her close1y upon the trees
/ in the yard and the vines on the porch
but she insisted that she had a clear
view to Court street.
Following Mrs Grigsby, Miss Paul
inc Jones was called and testified to
the rick of wood along the parking
cf her home on the corner Of Lewis
1 and Lee. 1t was the presence of this
wood, Mr.. Thompson stated, that
caused him to make such wide
turn into Lee street
Doss Turner who lives at the cor
ner of Court and Lee and who oper-
ated the wagons standing along the
west curb, told of their position on
the evening of the accident. He tes-
titled that he did not note any change
in the position of the first wagon on
the following morning. By this tes-
| timony, the defendant sought to re-
flute testimony of the plaintiffs wit
nesses to the effect that the car
struck the wagon with such force as
to move it noticeably.
Temple Star Witness.
The testimony of Ernest Temple,
local merchant, that he drove his car
north on the west side of the street
! Just a few minutes before the Thomp-
son car passed was the first strong
point scored by the defendant and
it is bound to play an important part
in the pleadmgs Much of the plain
tiff's case rests upon the testimony
relative to auto tracks running along
the east side Of the street and Tenn
pies statements, corroborated to
some extent by Mrs and Miss Grigs-
by. were submitted as a counter TO
show that 1t is possible that the
plaintiffs witnesses saw the tracks of
/ the Temple car. Mr.. Temple stated
! that he had left home with his little
| boy right after supper, gone down
J town and returned by way Of Court
| and Lee streets for his family. He
stopped on Lee street at the rear OF
/ his residence and had just stepped
out and entered the yard. he said,
when he noticed the Thompson car
pass on the other side of the street
He was going to his garage to get
some cylinder oil, he testified, but
before he reached the garage he had
his attention directed to The accident
( by Mrs. Grigsby. Counsel for the
plaintiff sought to make him admit
that his remembrance of passing up
Lee street on this particular incident
was not perfectly clear but might
perhaps have been imagined because
Of a habit he has of driving home
that route. Temple was positive,
however When court adjourned last
evening at 5:45, Temple was still on
the stand and the cross-examination
was not concluded until this morn.
ing
Boy Was Warned.
That he warned the boy that he
might get hurt not more than a min
( ute before the accident was the sub
stance of the testimony yesterday aft
ernoon of DR.. d. C.. McNabb, who
lives on East Court and stonewall
Jackson streets. The boy, riding
through the frame of his fathers BIZ
cycle and pursuing a wobbly course
/ down the street, passed his place, he
said, and he called to him as fol-
lows. You had better get off the
street or you'll get hurt" He said
he saw the boy turn the corner into
Lee street and soon afterward heard
of the collision and hastened to the
scene.
| Grant Eldon, ]. A. Yandell and
/ Charles Patterson, former neighborsI
Of the Twitchells, were called to tes-
tify that the boy frequently played in
the street and was familiar with the