The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-10-23
DID DUPkE DIE
Of NEGLECT?
FEDERAL JURY TO DECIDE IF
GLASSwoRKERS' DEATH WAS
WAS DUE TO NEGLIGENCE
Brother Of Dead Man Sues Baltimore and
Ohio for $4,000 Following
Accident on Rails

TIL" cntir" days session Of federal
court was taken IN yesterday i'll the
case Of Emil Dupk". administrator OF
/ Louis purk". decreased. against the Bal
tinnre and ohio Railroad company. who
sues for Slh.nQh alleging neglect OF the
defendant company. in giving his brother
! prompt medical attention when struck
, by Il train. causing his death. \ large
number VI witnesses have been summon
I'd. 4 number were put on the stand
yesterday and several will testify this
morning.
Judge 4. &. Dayton is presiding. At
torncys n. 4. Mclic" and Charles ].
Srhuck are representing tho plaintir
and Judge Frank W. N"sbitt the defcn-
dant company.
Dupkr was run over by n north bound
passenger train on the road on the eve
ming Of July %. 1910. at McMilland. Il
small station. near Chester Hill. Mar
shall county. and badly hurt and an arm
cut OF. II is alleged by the plaintiff
. that If prompt attention had been given
Dupkc his life would have been saved:
that no medical aid WAS given him until
he was brought to the old City hospital
here, several hours after the accident &C
| Cured II Is also alleged by the plNiu-
tiff that 1t was due To the neglect of the
engineer in falling tn see pupkr lying
upon the track.
Claims Dupke was Murdered
! The defendant AYERS that II was I'M
! possible for the engineer I" have seen
! pupkc lying on the side of the track and
! that every attempt WAS made To secure
medical aid Mt M"undsvlle and points
between the scene of tho accident and
here and that attention was given him
as quickly rs was possible under the
circumstances. Judge Ncshitt In his
ouenIng statement before the jury stat
| ed that the defendant will prove that
! nupkc was murdered ana Iaio upon Tic
! track.
Mrs John Powers. residing noar the
scene OF the accident. was the first wit
nesscs To testify for the defense. She
stated she saw a struggle among some
mon on the track where the body or
Dupke was found. Francis Mercer tes-
titled \tha, he saw Durke lying on the
! track before the train approached but
could not got him up In time.
Brother Testihes
| Louis Dupke. brother Of the dead man
and the administrator. stated that MS
brother was n glass worker. He told
of having been called from his home on
Wheeling Island after the Identity or
| his brother WAS learned III the hospital.
the night he was brought here.
DR.. Henri F. LlnsZ testified that he
was called to the hospital to attend
Dupke after his being admitted TO the
hospital He stated that Dupke had
sustained a dislocatcd hip. three broken
; ribs, q deep confusion on the toreheao
and that his arm had been severed by
; tho train. The point of contention De-
tween the defendant and piaintlH's at
torueys resulted in attempting to have
the doctor state positively If in his opin-
ION would nupke have died OF his In
; juries II he had been given prompt med
zeal attention.
! Ex-SherlT J. Foster Alley OF Marshall
county. testified that he had made An
examination Of the surroundings where
! Dupke's body was found and that the
! ground nearby Indicated that there had
been n scuffle nearby: that he had also
| found plant with what appeared TO be
! blood upon 1t.
! H F. Miller OF Parkersburg. tho on
! glneer Of the locomotive that ran over
! Dupke was on the stand for an hour
+ preceding the adjournment Of court last
i evening ut Sis o'clock. He will like
! ~ be called this morning by the plain
! tin on rc-cross examination.
Miller proved to be hard witness
whom interrogated by the plaintiffs at
! torneys. Nc appeared to he unable to
tmake any definite statement and would
! not even hazard guess. until he was
interrogated by Judge Dayton. He de-
; clared that he did not know he had run
over Dupke until so informed by the
! train crow while the train wac stopping
at McMiland and the man taken Into
ithe baggage car. Ne was closely quiz
zed by the plaintiff but little information
was gotten from him.
The jury trying the case IL composed
Of: James +. HigGs. Joseph r. Jones.
/ Fred Folmar. Edward Kiger. O. =. Pugh.
: }. a. Mckimm. James Ferguson. William
/ Green. Jr.. NJ. G. Devaull. r. NJ. Flowers,
Charles Seibert and Charles Busby.
| The case will probably be given the
jury this afternoon. This Is the last
: Jury trial before the present term. In
mediately upon the jury returning YER
Dict court will adjourn for this term
here.