The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-05-15
DEFENSE IN THE
NJ GOWAN SUIT
EVIDENCE THAT ns. CHAs. SON
NEBO1N WAS CAREFUL
DRVER
Tried To Avert Crash at woodsdale In
which Plaintiff was injured And
Wilson Child Killed

Tho defense in the damage suit OF
Samuel MCGOWAN against Mr.. ana MIS-.
Charles Somehow, which mas oeen IN
progress all week before Judge ]: Is.
Sommcrvillc, in circuit court. rested It's
case at five O'Clock last evening.
At this point. Judge Sommerville ex-
cused the jury until Monday morning
when arguments of counsel will be pre-
scnted to the jury, after which instrue-
tons of the court will be given eho LILO
jury sent TO their room. ,.,,~,
Judge Franks w. Nesbitt, plaintitts
counsel will argue the case Inr VIZ
plaintiff, while Attorney J; S ser abe
Handlan will sum up the case 1or the
! The suit is for the sum Of $4,000.
claimed for alleged permanent inJur'es
, Woodsdale. October 3. 1918. at which
time a young child named Boopie VIII
son was killed.
All of the Friday session OF the court
was consumed with the testimony OIL
the plaintiff
One Of the witnesses for the defense
was James Gilbert Potter son or rev;
!. NJ. Potter pastor Of Vance Memorial
church. His Testimony was that ne was
standing in front of the drug store at
the turn on Bethany Pike at Woodsdale
when the Somehow car rounded the
corner. He had been standing there, ne
said for a period Of five or ten minutes,
waiting on some other Boy scouts 10
ioin him. He stated that the Sonneoorn
car rounded the bend on the right hand
side and was going at very moaerate
rate OF speed The Wilson child' ne
said. was in the street at the tlmc o.
| the accident and had been running IN
! and out of the street during inc t,'lo
! that he was standing in front or the
drug store He did not see McGowa'
until after the accident. He maze
good impression with everyone In the
court room because Of his straighttor,,
ward manner and because or the lact
! that severe cross-eNaminatlon ps
| Judge Frank W. Nesbitt did not chanSe
his story; He was followed S on r rne
in the car at the time of the accident.
She corroborated young Potters story
and likewise stated that she saw me
| Wilson child in the street and IN tne
direct path Of the car. and that Mrs'
Snnncborn turned to the lef: and crash
ed into the post in an EFFORT 20 save '"'
Mrs. Somehow took the stand and.
| while suffering under great nervous
strain. told the story as r aetarIed sS s
also stated that she was IN the nap! OF
making trips to and from the oodsoate
school eight times day. ana ner leS 80
npny seemed TO bear out the lac' W v1'
she made every effort to save the VIII
/ ANDY Shircr. another witness. detail.
| ed several instances showing inc greae
degtec " CarefulneSs exercises py Mrs'
/ Sonneborn. when driving. ,,o
stand for the defense and cleared up
number of points in the case. lie stateu
hat at the time of the accident he was
engaged Mt the Fidelity Investment cSm-
moments after the accident occurred
Mrs Warehouse called her huspanu
and informed him Of the accident Mt
Somehow stated that imme1tateIE to.-
| lowing :his he borrowed sMr. Ma1eI
houses car and rushed TO the scene. ~, ne
| stated that Young MCGOWAN and the
| body of the Wilson child had both oeen
removed and that his wife was resting
in the drug store in fainting conolllon
He testified that upon nnu en- ,m MI Nc
Gowan had been taken TO the ONO a. a.,
Icy General hospital. he immed'a'eIs
came 10 town to see MCGOWAN. ne ne.
, stated that he saw the boy freQuentiiS
and was often In communlcat.om n
! him during his confinement following
Two stories corroborating the testi-
monv Of other witne sses for the de1ense
, were given by Mr.; John MliIian ~, a ;be
| Wheeling Tent & Awning, company
truck which was passing at the tune Oh
the accident The stories told by ta.Iel
and son fixed the speed or the So,he
horn car at a safe rate and stated that
tbev saw neither MCGOWAN nor the Will
SON child until after the accident:
Another phase Of the case. %hich mas
come to light Is that a few days i9yyS aiser
Tnthcr Of the plaintiff. and Samuel Nc
Gowan's guardian at the time 1ths boy
nv, beinF OF age) signed release: Lat
: err err on. it appearing that Samuel McGow d
an would be confined to the hospltai, anu
, able period. another sum Of money run;
! nInr into hundreds of dollars. was paid
, BY Mr. Somehow. In addition 10 wna VIVA!
was paid for the release. az aoC LII i've i've
! hospital bills were paid by him. anu my
case this time is brought by Samuel
MCGOWAN. Jr.. despite the fact OF these he's
previous payments and the relea Sc THIS T.,
phase Of the case was not presently, I'M III
testimony or TO the jury because or the
, obiection OF plaintiffs counsel