The evening Caledonian. [volume] (St. Johnsbury, Vt.) 1918-1920, 1920-02-06
Haywood Case
Is Settled

4 Continued from page .one)
when a settlement with the plaintiff
was made by the defendants attorney
representing the insurance company
that carried the risk. The jury were
discharged and the case entered on
the docket as settled and discontinued
The terms of the settlement are not
made public.
Court took recess until Tuesday
when Judge Fish will return to hear
Court cases including the one of the
Town of Newark VS.. Eden w. GRAY.
The plaintiff rested their side of
the automobile case at a O'Clock
Thursday afternoon and the defense
Immediately put Mrs. Haywood on
the stand. After short examination
by Lawyer Shields she was subjected
to severe grilling by Lawyer
Searles. The plaintiffs attorneys did
not use several of the witnesses in
the former trial, including C. E.. Sim
anton and Herbert F. Balch, both
of whom testified at the previous
trial in regard to the speed of the
cars.
Mr.. and Mrs. Beck, the parents of
the plaintiff, were ON the stand
Thursday afternoon, describing the
boys condition after the accident.
Mrs. Beck said Philip suffered a
great deal after the accident and his
arm did not heal for two years. He
had to give up school and was still
nervous as result Of the shock.
r. C. A. Babcock testified as to the
mortality of the plaintiff, based on
the insurance mortality tables, and
said his expectancy of life was AZ
years.
Mrs. Margaret n Haywood testi
fled on direct examination that the
Silsby car was running at 40 miles |
an hour, while her car was going at
the rate of 20 miles an hour. She |
said after the accident she went to !
Coryville to get help and went to the
home of Mrs. Clark. She asked the |
men to go back and then telephoned |
for doctor. Not being able to get |
a doctor she called police station.
In the hours cross examination |
that followed Mrs. Haywood was sub
iected to a severe ordeal and the
court room was filled to hear her tes-
timony Several times she replied to
the searching questions of Lawyer
Searles with considerable emphasis,
and once or twice she was interrupted
by her counsel who advised her to
confine her answers to Lawyer
Searles' questions. The asking of
a double question by Lawyer Searles
Immediately brought protest from
Gen. Sargent that his brother attor-
ney was setting a trap for the witness
Lawyer Searles remarked casually
that he supposed his opponent was
moro familiar with traps. Gen.
Sargent promptly replied that he
hoped he could see a trap when there
was one.
Much of Mrs. Heywood's testimony |
on the cross-eXamination was devoted
to the exact location of the team and
Lawyer Searles read her testimony at
the first trial in relation to this. She
said she had had her car since 1913
and travelled from 10000 to 12,0C0
miles each year, spending a good deal
of her time in the summer in her car.
Said she sometimes drove 20 or 30
miles an hour on straight road. Tes-
tifying that she probably saw the
speedometer that day 10 times, on
sharp questioning she finally said she
only remembered looking at it once
and that was after the accident. She
said some of her party heard the
crash and saw some of the cushions
fying through the air, but nobody got
out of the car until the car had pro-
ceeded a quarter or half-mile farther.
She said she saw Mrs. Clark two day
after the accident, but denied saying
anything to her about there being a
lawsuit over the accident. She said ]
she formed her opinion at the time of /
the accident that the Silsby car was :
going at the rate of 40 to 40 miles an |
hour. She said her chauffeur said Y
it might be going at 80 miles an t
hour, her brother said from 40 to 40
and she said at the time that 1t must 7
have been going 40 or 45 miles an {
hour. She said her chauffeur speeded ,
up her car little to pass the team =
and said they could not see the road :
ahead of the team. She said she could
not remember that her chauffeur blew t
the horn on this occasion. p
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