Prince William County Virginia Clerk’s Loose Papers


Mr. Mackey: You are speaking of the front of the car? Answer – Yes, sir. Court



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Mr. Mackey: You are speaking of the front of the car? Answer – Yes, sir.

Court: That is opposite the door which goes into the toilet? Answer – Yes, sir.

Mr. Keith: You say the outside was side-swiped a little, but no wreckage from that came inside?

Answer – Nothing but glass; glass flew all over the car.

Q. State how the collision affected you? Did it throw you out of your seat? Answer – No, sir; strange to say, I never could account for it, but, as I said before, I was sitting sideways in my seat looking out the window, and the object in looking out the window I was having a field plowed, and I was looking to see if the man got through plowing that day, and I happened to be looking that way when the crash came, and it didn’t throw me anywhere. I felt two shocks. Q. Where was Mr. Sullivan when you saw him? Answer – Mr. Sullivan, when I last saw him, was on the seat next to the last seat.

Mr. Mackey: that was before the accident? Answer – Yes, sir, before the accident. He was on the

seat right up next to the water closet. Q. The front seat? Answer – Yes, sir. There are two seats facing each other, but he was on the seat facing this way; he was on the corner, and his wife up there, and he had the baby in his arms.



Mr. Keith: After the accident where was he? Answer – When I next saw him he was past the

compartment there, and on this side here.



Mr. Mackey: On the other side of the car? Answer – On the side of the car, but in this little

vestibule I suppose you call it. There is a little place in front and on the side.



Court: That is the seat which runs parallel with the car and opposite the toilet? Answer – Yes, sir;

yes, it is opposite the toilet.



Mr. Keith: Did you see the baby after the accident? Answer – I don’t remember whether I did or

not. It was some little while after the accident before my attention was particularly attracted to Mr. Sullivan. I helped these ladies to get off the car, and took them to my house. The first thing I did after the accident, I went to the engine. I assisted someone in getting the fireman out. Q. State whether or not you heard the baby scream or cry, or give any indication of being hurt? Answer – No, sir; in fact, except to see the baby in Mr. Sullivan’s arms between here and Bristow, I don’t remember anything about the baby.

Q. After that accident did you notice anything in the way of wreckage between you and where Mr. Sullivan was sitting that could have hit Mr. Sullivan? Answer – No, sir, I didn’t see anything at all except glass. I don’t think there was anything in the car but glass.

Mr. Mackey: There is no claim that there was any wreckage between where this gentleman was

sitting and where Mr. Sullivan was sitting.



Mr. Keith: Now, you have heard Mr. Mackey’s statement that there was a board sticking through

the window, clear through the window connecting the two windows across the aisle of the car; was there anything of that sort in that car? Answer – I don’t think so. I went up and down the aisle, and I think I would have come in contact with the board if it had been there. Q. Did you hear Mr. Sullivan make any complaint of any injury he had suffered? Answer – When my attention was particularly attracted to him, he was crying, and he seemed to be in a good deal of pain He was sitting up straight, up in the seat, and no doctor had gotten to him at that time. I offered to investigate to see if his arm was broken, and see what the trouble was, and he told me to let him alone, and not touch him, and I let him alone. Q. He didn’t make any complaint of injury to his head? Answer – No, sir. Q. You didn’t see any blood on his head? Answer – No, sir.



Mr. Mackey: We do not claim so; it was a contused wound.

Mr. Keith: When do you claim that he found that he had that bruise on the back of the head?

Mr. Mackey: Some days after.

Mr. Keith: Did you see Mr. Sullivan after this injury? Answer – No, sir. Q. The day after or the

week after? Answer – No, sir, I never saw him until after that. I believe since this trial began is the first time I have seen him since.



Mr. Keith: ” That is all.

Mr. Browning (Geo. L.): Q. Mr. Leachman, you said, I believe, you were sitting rather sideways?

Answer – There was no one in the seat but myself, and I was sitting looking out of the window looking at my field to see if my man had finished plowing the field that day. Q. now, Mr. Leachman, what was the extent of any shock that you felt occasioned by the impact of the collision? Answer – As I stated before, it was very slight. I felt just like the train stopping when they apply the brakes, or something like that, and it seemed to me that there were two of them. I don’t know why, but I thought there were two sudden stoppages, but it wasn’t severe enough to throw me against the back of the seat in front of me. I wasn’t suspecting anything of the kind and was not braced. Q. Well, Mr. Leachman, if you had been sitting with your face facing the front of the car, you would have had a prop or stay in the position of your feet; sitting sideways, as you were sitting, you had no support or stay, did you?



Mr. Mackey: Objected to as argumentative.

Court: That is leading.

Mr. Browning: I have him on cross examination.

Court: But he is your own witness.

Mr. Browning: But he was not introduced by us.

Court: But I imagine that he is your witness. I think. Mr. Leachman has explained it as well as he

could, that he was sitting sideways. Answer: I suppose he is referring to the little foot rest

underneath that I could have pressed my feet against?

Mr. Browning: Yes, sir. Answer – I could have done that equally as well sitting sideways. I don’t

remember that I had my feet against that at all. I don’t remember about that.

CROSS EXAMINATION

By Mr. Mackey:

Q. You were sitting on the right hand side, and in the rear of the car? Answer – No, sir, about middle way of the coach.

Q. And, as you approached the engine from that direction the nearer you approached the engine the greater the wreckage; is that right? Answer – I don’t know whether the glass was worse at that end or not; the windows were wiped out all down the coach.

Q. When you got to the baggage coach near the engine, it was turned over and almost demolished? Answer I think the baggage coach had raised off the trucks, and sort of run up on the tender. I don’t think it was turned over.

Q. Where was the engine? Answer – The engine was down the bank, or partly down the bank, and up against a telegraph pole, which the impact had broken off.

Q. The engine had turned clean over, hadn’t it? Answer – No, but it was practically over.

Q. One piece of steel rail had gone clean through the forward part of the engine? Answer – I don’t recall; I didn’t examine the engine very much.

Q. It had gone clean through the cylinder head of the engine, the rail? Answer – That may be so, but I don’t remember; the engine was very much of a wreck, I know that.

Q. Now, when you got there -----

Court: He was there already.

Mr. Mackey: Q. When you first left the car you went up to the engine to help the fireman under

the wreckage? Answer – Yes, sir, to see if I could render any assistance to him. Q. Did you remain there until you got the fireman out of the wreckage? Answer – Yes, sir, they got him out very quickly. Q. How long did you remain there? Answer – I don’t think I remained there but a very few minutes.



Mr. Hall: Is it relevant how long it took to get the fireman out?

Mr. Mackey: It was very easy to remove a board which was obstructing the car.

Court: That is why he went out? Answer – I don’t think you have me straight on that; I say the

first thing I did, I went to Capt. Payne to keep the ladies from climbing out. I was about midway, and I went to the rear end. They went to the rear end to try to get out, and Capt. Payne saw what they were going to do, and he went to try to pacify them, and I went there with him, and I went down the steps and over on a pile of plank that had been thrown down there from one of the wrecked freight cars and from there on up to the engine, a distance of one car or one car and the tender.



Mr. Mackey: So, when you went up there, you had gone to the rear of the car and directed these

ladies to remain where they were, and to take their seats? Answer – Yes, sir. Q. And then you went to where the lumber was piled on the side of the car? Answer – Yes, sir.



Court: Did you go up by walking through the car, or getting out? Answer – Through the car.

By Mr. Mackey:

Q. On which side was the lumber piled? Answer – On both sides. I remember particularly the lumber was on the right hand side, or the side I got off on.

Q. This lumber was evidently thrown there with great force and violence? Answer – Yes, sir, off the wrecked car.

Q. And on both sides of the car Mr. Sullivan was on? Answer – I don’t remember whether there was any between the two tracks. My recollection of the lumber particularly is what was on the right hand side where I got off, because I stepped off on some lumber, and went on around.

Q. You did not go around the side to see if some of this lumber was sticking through the car? You were somewhat excited? Answer – I dare say I was. My testimony as to that, Mr. Mackey, would be if there was any lumber sticking through the window or across the aisle of the car, I must have come in contract with it when I went from the rear to the front end of the car.

Q. You do not recall seeing the lumber? Answer – No, sir.

Q. But you will not say there was no lumber sticking from the outside to the inside of the car from the lumber piled around it? Answer – I say I didn’t see it.

Q. And you will not go to the extent of saying there was not any there? Answer – I say I didn’t see any there.

Q. The front of this passenger car was jammed in, although you could go in and out of the door, the front was jammed in, wasn’t it? Answer – I don’t think so. The outside corner was broken.

Q. That is, the southeast corner of it? Answer – Yes, sir.

Q. It was coming from the north? Answer – The front corner on the left hand side.

Q. Will you say that these ladies were not injured and their faces cut? Answer – No, sir, I didn’t say that.

Q. What was their condition? Answer – One of them had a glass cut somewhere about her face, I think, or hand, I don’t know which. I helped them off the car and they walked from there over to my house, and I gave them supper and then helped them on another train which came to meet them, and they went their way.

Q. Did you see Dr. Wine in the wreckage? Answer – I saw him on the ground afterwards.

Q. Did you see him on the car? Answer – Yes, sir, I saw him on the car before he got to Bristow, when he was sitting in the car with Mr. Frank Ruffner. I don’t think there were over seven or eight people on the car.

Q. Did you observe Dr. Wine pick up a piece of the front door jam and hand it to Sullivan and say “Keep that as a memento”? Answer – No, sir.

Q. Do you say that is not so? Answer – No, sir, I don’t say that is not so. I say I didn’t see it.

Q. Did Mr. Sullivan appear to be hurt? Answer – He was making a whole lot of fuss; I suppose that he thought he was hurt.

Q. You haven’t any prejudice against him? Answer – None in the world.

Q. You haven’t any reason to believe that he is pretending to be hurt? Answer – None in the world.

Q. How fast was the train going? Answer – I haven’t any idea.

Q. It stopped pretty suddenly/ Answer – It stopped in a pretty short distance.


Dr. B. F. Iden called on behalf of the Southern Railway Company, being duly sworn, testified as follows:

DIRECT EXAMINATION



By Mr. Hall:

Q. Dr. Iden, where do you live? Answer – Manassas.

Q. How long have you lived here? Answer – Forty-three years.

Q. And what is your occupation? Answer – Physician.

Q. Do you know the plaintiff, Mr. Sullivan,, in this case, the gentleman sitting right around here? Answer – I never saw him but once before in my life.

Q. Tell the jury the circumstances under which you saw him? Answer – I went up to the wreck that night on the wrecking car, and then, after doing what I could for those there I went up to Mr. Halterman’s and saw Mr. Sullivan there.

Q. Did you make an examination of him? Answer – Yes, sir.

Q. Just tell the jury what kind of an examination you made? Answer – We took his clothes off, and examined him by looking at him, but he wouldn’t let anyone touch him or do anything for him at all. All we could do was to look at him. We wouldn’t let you manipulate it; I saw no evidence of injury at all except the complaints he was making. I saw no lesions and no deformity whatever.

Q. Did you examine his head? Answer – Yes, I examined his head.

Q. State what you found, if anything, the matter with his head? Answer – Not a thing. There wasn’t a scratch on his head, and not a bruise, as far as I saw.

Q. State whether or not he made any complaint about his head? Answer – He never made any complaint about his head.

Q. State what he made complaint about? Answer – Just his shoulder; said it hurt him.

Q. State whether or not his shoulder was dislocated, in your opinion? Answer – In my opinion it was not.

Q. On what do you base that opinion? Answer – No deformity.

Q. Explain to the jury if his shoulder has been dislocated what would have been the condition? Answer – There would have been a deformity, there would have been a depression.

Q. Do you mean one would have been larger, or had a hole in it? Answer – There would have been a hole in it.

Q. I don’t know whether they understand what a deformity is? Answer – A deformity is not the normal formation.

Q. His formation was normal? Answer – His formation was normal.

Q. Did he complain about his stomach at all? Answer – I never heard any complaint about his stomach at all.

Q. State whether or not you saw any bruise on his stomach? Answer – I never saw any bruise at all on his stomach.

Q. State whether or not, in your opinion, a blow on the stomach, sufficient to cause the emission of blood from the intestines, would have left some bruise outward sign? Answer – Oh, yes, it would have left some impression there, something outside.

Q. There would have been some evidence of it, would there? Answer – I think so.

Q. How long have you been practicing here in the county, doctor? Answer – In Manassas?

Q. In the County of Prince William? Answer – Forty-two years.

Q. All over the county, I guess? Answer – All over the county and in two or three other counties.

Q. From what school did you graduate? Answer – The Allopathic School of Baltimore, now the College of Physicians and Surgeons, and from the Washington College, I graduated there.

Q. Doctor, in your opinion, would a blow on the head of any considerable violence have left some mark? Answer – I should think so.

Q. Would there not naturally have been some swelling or some evidence of injury to his head when you examined him, if there had been any severe blow? Answer – At that time there wouldn’t have been any swelling, but there would have been some evidence of a blow if he had had a blow on his head at that time.

Q. How long after the accident did you examine him? Answer – I don’t know exactly how long it was. I don’t remember. I suppose it was about nine o’clock when I got up there, but I couldn’t tell.

Q. It was the same night of the accident? Answer – It was the same night of the accident; I was taken up on the wreck car, and there were several other physicians taken there at the same time.

CROSS EXAMINATION

By Mr. Mackey:

Q. Doctor, how long have you been in the employ, as a railroad surgeon, of the Southern Railway? Answer – Well, I have been in the employ of this road ever since it has been a Southern Railway.

Q. Have you ever testified in favor of anyone who got hurt on the Southern Railway, in court? Answer – I don’t know that I ever did; I don’t know that I was ever called on.

Q. You have always testified against the party who got hurt, when anybody brought suit against the Southern Railway? Answer – I have always testified to what I saw.

Q. Do you get a salary, or so much a case? Answer – No, sir, I get paid for what I do.

Q. Now, doctor, when you saw him his arm had been set by Dr. Wine, had it not? It had already been set, had it not? Answer – I don’t believe that.

Q. Now, as a matter of fact, you don’t know whether it had or not? Answer – No, sir, I do not.

Q. And after it had been set you would not find any deformity, would you? Answer – No, indeed.

Q. So what you mean by that is you don’t believe the other doctor? Answer – That is so, I don’t believe the other doctor, I don’t believe he set that arm.

Q. That is common among doctors, they don’t believe each other? Answer – Yes, but no more than lawyers.

Q. It is like everybody else, they don’t believe each other. How did you make the examination to determine this dislocation. Answer – I didn’t examine it, but you can’t reduce a dislocation unless you manipulate the arm.

Q. It would be very painful if you did manipulate it? Answer – I have set hundreds and hundreds of them, but I never heard anybody complain as much as he did that night.

Q. Do you think it is a pleasurable sensation to have an arm manipulated? Answer – No.

Q. It is a very painful sensation, isn’t it? Answer – Not so much so.

Q. What was the need of manipulating it if Dr. Wine had already set it? Answer – There was no need of it at all.

Q. So Mr. Sullivan was right in not allowing you to manipulate it? Answer – He wouldn’t let anybody manipulate it.

Q. If your arm had been set, you would not let anybody manipulate it? Answer – No.

Q. And you would not let anybody play with your arm or experiment with it? Answer – No.

Q. And you would not let anybody play with your arm or experiment with it? Answer – No.

Q. You heard his complaints, and did not see any deformity? Answer – No deformity.

Q. And if it had been set you admit that there would not be any deformity? Answer – No indeed.

Q. We agree on that point, doctor. Didn’t you claim to Dr. Wine that you had set the shoulder, and did not Dr. Wine claim that he had set it, and didn’t you get into quite a dispute there? Answer – No, sir.

Q. You did not have any dispute? Answer – No, sir.

Q. Now, doctor, as a matter of fact, ---- Answer – Dr. Wine never said that he set it either.

Q. Are you sure you examined his head? Answer – Yes, sir.

Q. What part of his head did you examine? Answer – I ran my hand all over his head.

Q. Just like this (illustrating) Answer – Yes, sir.

Q. Is that all the examination you made? Answer – Yes, sir.

Q. Did you make any examination at the base of the brain to find if there was tenderness there? Ans. No.

Q. And there would be no swelling there at the time you were there? Ans. – If he had a lick there would be.

Q. The swelling would not occur until sometime after, it was too early to observe swelling? Answer – No.

Q. Didn’t you just say so? Answer – No, I say there would be some evidence of injury.

Q. Didn’t you say that it was too early to observe whether there was swelling? Ans. – Extensive swelling.

Q. And you did not put your hand at the base of the brain to ascertain if there was tenderness? Ans. No.

Q. So, having no swelling, and no examination as to tenderness, you don’t know whether there had been a blow at the base of the brain, or not; that is right, isn’t it? Answer – Yes, sir.

Q. Sure, Now, doctor, a great many wounds --- Answer – I don’t see how he could get a wound at the base of the brain.

Q. Mr. Hall didn’t see how he could see the back of his neck; he couldn’t see the base of his brain, but he could feel it; that is a fact? Answer – I don’t see how he could get a lick at the base of the brain.

Q. Is it any more difficult to get a lick at the base of the brain than at the base of the nose? Answer – That isn’t the base of the brain; the base of the brain is at the spinal column and the brain.

Q. If he got a blow there it would be a blow at the base of the brain, as near as it could be? Answer – As near as it could be.

Q. You never examined his stomach any day after that to ascertain if there was swelling and tenderness? Answer – No, sir. I never saw him any more after that night.

Q. And if the swelling on the neck would not develop right away, the swelling on the stomach would not develop right away? Answer – No, sir.

RE-DIRECT EXAMINATION



By Mr. Browning, (A. T.)

Q. Doctor, you are not in the employment of the Chesapeake and Ohio Railway Company are you? Answer – No, sir.

Q. And never have been? Answer – No sir.

Q. Was Dr. Wine with you when you went over to Mr. Halterman’s Answer – He was there at the house when I went there.

Q. Did Mr. Sullivan attempt to give you a history of the accident? Answer – No, he didn’t attempt to give any history at all.

Q. Was anything said about setting his arm? Answer – No.

Q. Or about his arm having been set? Answer – No, nothing was said about it at all.

Q. For what purpose did you and Dr. Wine go there? Answer – I didn’t go there with Dr. Wine; I found Dr. Wine there when I went there.



Mr. Mackey: You found Mr. Sullivan’s arm in a sling when you got there? Answer – No , he

didn’t have it in a sling. Q. How was the arm supported? Answer – There wasn’t anything supporting his arm; he had not had it in a sling that I could see.



Mr. Browning: Doctor, it is in evidence, undisputed, that this accident occurred between 6: 30

and 6:35 P.M.; you were there about nine? Answer – I suppose I was. Q. State whether or not an injury to the head sufficiently sever to produce a lesion of the brain would, during that time, have made any visible external contusion? Answer – I think it would.



Mr. Hall: Now, doctor, would you let your employment by the Southern Railway affect you in

any way with respect to the truth in making the examination of a patient. Answer – I don’t think I would; I don’t think you can get anybody in the county to testify to it.



Mr. Mackey: I am sure I would not.

Q. Now, doctor, let me ask you this: An injury to the shoulder by what we call countercoup causes injury to the brain? Answer – I don’t see how it would any more than to the foot.

Q. An injury by countercoup to the shoulder might cause injury to the foot? Answer – I don’t see how.

Q. Isn’t it a fact that people often, by jumping from a roof, have concussion of the brain by what is called contrecoup? Answer – I think so.

Q. And so an injury to the arm might cause injury to the brain? Answer – I don’t think so.

Q. Did you hear Dr. Williams’ deposition where a man struck at a baseball, and the blow of the ball on the bat, by contrecoup, caused a rupture of a vessel? Answer – No.

Q. Do you dispute, as a medical question, that that could occur? Answer – That a shock from a blow on a baseball bat would cause it?

Court: Haven’t you got that wrong? Wasn’t it the exertion? He didn’t get a lick at all.



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