Weekly journal-miner., 1916-02-09
VERDICT FOR THE CITY
 IN Sl0,000 DAMAGE SUIT
(From Sunnavs pa1yl

NA lynn
 Mrs. Maude Hale takes nothing il, her suit against the City of Prescott for Sl0,0O0 damages on the ground that she is totally incapacitated from doing any work as a result of fall on a sidewalk on Mccormick street, due to the alleged negligence of the city in not keeping its sidewalks re paired. The verdict of the jury in favor of the defendant was returned last night at little after , o'clock. Whether the suit appealed to the l2 men as being funny or comical is not known, but after the verdict had been read and the court excused them, the jurors all burst into laughter.
 Hot and lengthy arguments were presented to the jury by both counsel for the plaintiff and the defense and took over a period of two and one half hours, Attorneys A. L. Hammond and R. E. Morrison arguing i1 behalf of Mrs. Hale and Attorney T. c. Norris and City Attorney E. J. Nit chell giving the defendants side of the story.
 All through the trial of the case, the testimony was warmly contested by counsel and many points arose fo. Judge Smith to decide. The trial started carly in the morning and it was past 3 o'clock i1 the afternoon before the defense rested. Mayor w. H. Timerhoff and Councilman H. w. Heap were present throughout the day.
 Mrs. Hale, the plaintiff, while on the stand, related how on December 10, 1914, she was returning from town to her home on Mccormick street and as she neared the corner Of Willis stepped on loose plank and fell to the ground, severely i1juring her right hand and sustaining bruises all over her body. Mrs. Hale who testified that she is 47 years old, showed ner hand to the jurors for ex- animation. She also said that since the fall her kidneys have never acted right. Both her ankles, she said. were hurt so badly that even now they give way under her and she falls over. The oEly witness to her acci- dent she said was Howard Bickfor1. who drove a paper cart for Arthur Robinson. She said that small bone splinter came out of the little finger of her right hand about five months ago. Dr. Southworth took an X-ray picture of her hand last Spring and at that time she said she was able to straightcn her hand. When asked if she had not asked Ms. John Bozarth to sew for ner because she could not use her hands prior to the accident she replied that she had not.
 Mrs. Hale admitted that she is sub ject to epileptic fits and had as many as seventeen in one night. That she started carrying cane ten years age and continues to carry it to put on style" was an admission of the wit ness.
 Last July. Dr. J. B. McNally testi- fled, Mrs. Hale came to his office to have her right hand examined. After the examination ne said that he found that it was badly swollen. The physi- clan said that he could not state the specific circumstance that caused the swelling from his examination. He stated that he was inclined to think that an accident caused the injury, but he said that the condition of any injury or bruise is always worse while an action is pending than afterwards. There are many degrees of epileptic fits according to McNally. One per son might take a fit and be in a coma for a period of 10 or Is min utes and another might get over it in a few seconds.
 In Mrs. Hale's right hand he said that he found that one finger had be come stiffencd. It might have been caused by inhammatory rheumatism, according to McNally.
 Mrs. R. B. Cleveland of Phoenix testified that she spends the summers in Prescott and noticed during the summer of 1914 many loose boards in the walk where Mrs. Hale fell.
 City Clerk Frank Whisman testified that a demand was filed with him by Mrs. Hale on June 9. 1915, asking the city for Sl0,000 damages for the al legged injuries sustained by her. The demand. ne said was referred to the street committee on August 2nd and no further action was taken.
 With the city clerks testimony the plaintiff completed her case and City Attorney Mitchell moved for direct ed verdict in favor of the defense. The motion was denied.
 City's Case.
 Howard Bickford was the principal witness for the defense, he testifying that during December, 1914. he saw Mrs Hale walking on the Mccormick street sidewalk and saw her step on a loose board. Bickford said that Mrs. Hale did not fall but merely sat down. He was in a paper delivery cart at the time and said that he had not gone 50 feet before the plaintiff was on her feet and walking towards