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Show NON-SUIT SN MORGAN CASE The trial of the case of William Morgan, administrator of the estate of David Morgan, deceased, and Agnes Morrison, was resumed this morning in the district court. The Jury called to hear the evidence was composed of Parley G. Butler. Charles M. Webb, Fred F. Sanborn, T. B Terr, G. H. Butler, C. W. Brooks, Henry L. Mal-an Mal-an and C. E. Storey. T. C. Johnson, a railroad employe, on the witness stand, told tho story of the accident which caused the death of James Morgan, the accident huving occurred April 4. 1007. Ho slated that on the morning in question ques-tion Morgan had !onwed a tin cup from him, ho being engaged in a baggage car at the time and had forgotten to bring it back. He called the young man's attention to it and Morgan said he would get it Shortly after, said the witness, Morgan Mor-gan hollowed, "Here U the cup," and he heard the cup fall upon some Ice that was lying hi the vestibule of the baggage car, When he went to get the cup he noticed Morgan's hat fastened between the diaphragms of the vestibules of the baggage car and the one ahead of It and that the diaphragms dia-phragms were covered with blood. The hat was fully seven or eight feet troin the ground, and, Mr. Morgan ' being a man not much more than five feet high, the witness said he must have cilmbed to the point where his head was crushed. The witness did not see Morgan's body, but learned that he had been killed He pushed the hat from between the cars, upon the request of Sam Fowler. The testimony given by Sam Fowler Fow-ler was that his attention was called call-ed to some one lying near track No. 2 In the depot April 4. and that, upon up-on investigation, he dlscoered that ll was Morgan and that he had been crushed, but that he saw 110 bruises on the body. He said that he and others placed the body upon a stretch er and carried It to the baggage room, after which it was taken to an undertaking parlor. Mr. Fowler stated, also, that Mr. Morgan's hat was still between the diaphragms of the cars and that it was about eight feet from tho ground. He did not see the accident. At the conclusion of the Introduction Introduc-tion of testimony for tho plainttls, tho defendant asked for a non-suit .mil it was granted, the curt holding that Morgan by his own negligence, contributed to his death, and that carelessness on the part of the defendant de-fendant company in operating its cars on the day In question had not been clearly proved. |
