Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1920-02-11
Haywood Case-Is Settled
Out of Court

Haywood Case-Is Settled
Out of Court
The Beck Hcywood automobile case
came to a sudden end Friday noor
when 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 arc 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 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
Scalles. The plaintiffs attorneys did
not use several of the witnesses in
the former trial, including G. Il. SIM
anton and Herbert +. 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 Il
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 a result of the shock.
Il. c. A. Babcock testified as to the
mortality of the plaintiff, based on
the insurance mortality tables, and
said his expectancy of life was 13
years.
Mrs. Margaret N. Haywood testi-
| fed Of. 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
Coryvillc to get help and went to the
home of Mrs. Clark. She asked the
men to go back. and then telephoncd
for a doctor. Not being able to get
Il doctor she called police station.
In the hours cross-examinatlon
that followed Mrs. Haywood was sub
icctcd to a severe ordeal and the
court room was filled to hear her tcs-
timony. Several times she replied to
the searching questions Of Lawyer
Scarles with considerable emphasis,
and once or twice she was interrupted
bv her counsel who advised her to
confine her answers to Lawyer
Scarles' questions. The asking OF
Il double question by Lawyer Scarlc'
immediately brought protest from
Gen. Sargent that his brother attor-
new was setting trap for the witness
Lawyer Scal'les remarked casually
i. that he supposed his opponent was
mord familiar with traps. Cen
Sargent promptly replied that nc
hoped he could sec trap when thcrc
? was one.
H. Much of Mrs. Heywood's testimony
on the cross-examination was devoted
; 10 the exact location of the team aho
Lawyer Scarles read her testimony ~
the first trial in relation to this. She
said she had had her car since l9la;
and Travelled from 10000 to 12,Ooo
: miles each year, spending good dca
: of her time in the summer in her car
Said she sometimes drove 20 OF ~
niles an hour on straight road. les
tirviny that she probably saw the
spccdometcr that day 10 times, or
sharp questioning she finally SAID she
only remembered looking at 1T once
and that was after the accident. Sne
said some of her party hcard Inc
crash and saw some of the cushions
: Hving through the air, but nobody got
out of the car until the car had pro-
cccdcd a quarter or half-mile farther.
She said she saw Mrs. Clark two day
after tho accident, but denied saying
anything to her about there being Il
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 cf 40 IN ,4b pailAs n N
hour. She said her :! y
it might be going as 4 = ] 4. !
hour, her brother said fr0szE 10
and she said at the time that it must
have been going 10 or as miles an
hour. She said her chauffeur spccded
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
the horn on this occasion.
~,. @.. Ct~.r Road IN Cuecesa