Free trader-journal. (Ottawa, Ill.) 1916-1920, 1919-11-26
JURY SECURED TO.
HEAR EVIDENCE IN.
SUIT AGAINST CITY
TWELVE MEN ARE SWORN IN TO
RENDER VERDICT IN DR.. c. G.
DEEMS $4,000 DAMAGE CASE
AGAINST MUNICIPALITY

AGAINST MUNICIPALITY.
Twelve men. only one of whom
claimed Ottawa as his home. this
morning were sworn in by Judge 5.
der verdict in DR. G.. &. DEEMS $2J,-
900 damage suit against the city Of
Ottawa. The Jury consists of:
William Mitchell, Ottawa
William Parr. Seneca.
A W. Weitzel. Rutland
Joseph Balls, Manlius.
Frank Turk Adams,
Edward Kuhn. Bruce.
John Sharp, Fall River.
Levi Kreiser Troy Grove,
Charles Reynolds Usage,
Maynard Gaul, Serena,
Tim O'Connell, La Sale,
Richard Hennebry, Deer Park.
AS soon as the jury had been Sc
leCted and sworn in, actual work on
the big legal batte was started. At
torney Browne made the opening
statements for the complainants.
speaking for the greater part OF an
hour He intimated that he was 60
ing to prove, that the hole. into
which the taxi ran. had been IN the
street for weeks. and that the cOndi-
tiOn of the highway. was known about
by the city officials. and by every man
and woman who passed that way
After spending almodst one hour he
yielded the floor to Mr. Conway, for
the defense.
Mr. conway spoke for the defense
claiming that the city would prove
that the condition of Columbus street
previous to and at the time that DR..
DEEMS had his accident on April %.
1915, was no worse than the ordinary
unpaved street
Court Room Filled.
The circuit court room, was filled
during the day with Interested citi-
zen-. who had gathered to hear wit
nesses testify at the trial Dr.. Chas.
G. DEEMS, the complainant in the
case. who was seated with his at
torneys. Lee O'Neil Browne and A.
+. Buffers. was the center of inter-
est. Just few feet away were seat
ed Mayor George V B Weeks. City
Attorney Glenn Weese, and Attorney
James j. Conway, who are represent
ing the city From the manner in
which each of the five attorneys are
watching the other four. it indicates
strongly that the case will be one of
the most bitterly contested in the To-
cal court for some time.
Shortly before II o'clock after sew.
eral hours of discussion. the last Of
the twelve jurors who proved salts
factory to both sides were chosen.
The third witness called was Fr"d
W. Morel Mr.. Morel testified thar he
resided just north of the city, on the
bluff. and was riding with DR. DEEMS
on The might of April 2Gth, 1917, when
their taxi ran into the rough place In
the street He stared that he was un
injured except for a sprained wrist.
Mr Morel testified as to the rough
condition of Columbus street. follow
ing the installation of the sewer
Following Mr. Morel's testimony
Ellis G. Sage took the witness stand
Mr. Sage resides Just north of Ottawa
He told Of the general rough condition
of the streets in that section Of the
city.
First Witness Called
The first witness called for the
plaintiff was Fred Mullen. Mr.. Muller
testified that he resided in the Gay
A nnrth t,lnH IN II litoI
the sewer was installed, and that ht
frequently made the trip back anc
forth from town in taXicabs He stat
ed that on one side of Columbus stree
there was pile Of dirt from the sew
or and that along the car tracks wa'
pile Of ashes, which only left /
beaten path wide enough for one ri
| 10 pass at time. He described th'
! hole at the alleyway between Jolie
and Norris streets, where DR., Deeni
! claims to have been injured. as bein,
! ton or eleven inches deep. and on
or two feet wide His direct exam
! nation was conducted by Mr. Browne
/ On cross examination by Mr. Conwa,
! he stated that he had roomed at tn
Doonis home for year.
Dr. Palmer Testifies.
The next witness called by th
plaintiff wa Or Danna NJ Pa
mer, the present commissioner 9
public health and safety. On direc
examination Commissioner Paine
told Of having crossed a depressio
ON Columbus street while driving !
his car one night, and receiving 81
we're shaking up.
He stated that he did not examin
the depression, either at night or i
the daytime, and could not tell hO'
deep or wide it was. At the time {
the humping he stated. that he wa
driving at fast rate of speed, bl
could not tell how fast. He tnall
admitted ne might have been goin
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