La Grande evening observer., February 13, 1905, Image 3

raudulent
Against
The following most remarkable and
rlng atbmpt to defraud railroad
jtnfjkOj a fraudulent init for dam.
i a tor personal injury, li recorded by
r. John Pan ton, M D.r of Kansas
itr. Missouri, in tbe New York Mad.
11 DaaamI wrhiVH fa 4iv.f wm a
U(lOn the 28th day of August, 1902,
'tan Heikine, aged twenty two, while
saning tho oar door at Fort Worth,
exaa, claimed to bare been etrnck in
bo back of the bead . and knocked
enaeleaa to the ground by the car
oor, which was aapposed to have
wen fastened to the celling with 'an
ran book, and jarred loose by switch'
ng. Two witnesses testified ' baring
een Hoskins 'Injured, and they at
nee went to bit aid and claimed tliey
(and bim unconscious and in convul
sions. Later physicians appeared on
lb f oeoe who ordered him taken to a
anitorinm, wnere be remained three
reeks, daring which time be became
talent and bad to be restrained to bis
wd by straps. At the end of the three
reeks bis mother took him home, and
phar took place there . for the nest
bree months is not known to tbe
orld. Bait, however, was soon filed
Lgainsttbe railroad company ; tar the
arge sum of $75,000. In December,
51,"??'"? afp th al
leged accident, tbe first trial took
J lace, Tbe lawyers for tbe plaintiff
aimed that Hokin's injarles were of
a serious and fatal nature, that his
eath was expected at any time, and
ith this view the attending physi
aas oononrred Their diagnosis at
pie time was that he bad received a
none cereurai oonuusoiuu oompucai
with hemorrhage and extensive
oration of the brain tissue, wbioh
eadered him not only insane, bnt be-
ond hope of recovery, and bis death
(gat briooked for at any moment
IA donbt arising in the minds of the
flary as to the amount of damages each
person should receive resulted in
Ihung jary.
I On February 26,' 1003, or six months
kfUr the alleged accident. Dr. Cate,
pnecnisnaTfeon, and my sell were
balled to Fort Worth, Texas, to exam
as the patiestr. .
: Upon enuring the room we found
him lying la bed, and I vsatared to
uk him his name, when " his mother
informed me .that ho was unable to
ipeak or understand anything that was
nld to him, aad this had been the esse!
the said, aver since tbe injury.
asked him to sit op In bed, bat he re
used to do this, his mother stating
that she always helped him to do this,
she then did so and ha sat up.' He
began at once to move his head in all
directions, at the name time made
grotesque movements with bis. hands
and arms, which was also attended
with a wild vaoant stare. I again be
gan to question him, bnt be refused to
answer me, bis mother, however, re
-narung mat ne coma not near , very
well, and ene doubted if be could i
well at times. His constant movement
of all four extremities led ue to oon
ciuae, nowever, mat mere were no
motor paralysis nor could we detect
(any cranial or other palsies. With the
t aid of his mother we got him oat of
bed, and be was able to stand alone and
I ha walksd with slight assistance. Up
on stripping him we could discover no
marks or scars ana there was no ex
teroal evidence of there having been
an injury to bis head. The mn scalar
system showed no signs of genuine
atrophy, and the muscular toncity was
good.' As we were unable' to receive
any assistance from tbe , patient him-:
elf, oor examination, scientifically
speaking, was necessarily imcomplete.
IHence. we were unable to test the
sensory f unotions, bnt we learned from
tbe mothat that he did not complain
or seem, to suffer; that his bladder and
Irectal functions were not seriously Im
fnaired, although fro. was somewhat con
stipated. There were no bed sores, or
4her eldence of vasomotor disturb
cs. Th. super Hoial apd deep re-
fixen were sugnuy exaggeratea, out
fere was no ankle donas or babinski
Idej present. rf- .'.',.
r We" were unable to teat the stere-
ignostio sense. ' In regard - to the
specisl senses, , there were no ocular
palsies that we oould detect. The
pupils were enlarged, however, and
glaring, but responded to light. The
bearing was said by the mother to be
Impaired, but from our obersvation of
the patient we bad already formed an
opinion that bo could not only see and
bear what we said, bnt also understand
all that was dona concerning him.
This, however, was contrary to tbe
general belief and opinion of all who
bad so far seen or examined him.
Examination of the hnart. Innoa and
3 other visceral organs revealed no
organic disease, although the heart
notion, as well as the respiration, were
both accelerated. The pulse was 100,
but (be temperature was normal. We
learned from tbe mother that while
tbe patient bad to be fed like a child,
be enjoyed a good appetite, oould
Gonspiracy
Railroad Go.
llok his lips with his tongue, and slept
without medicine. Mentally, tbe
patient had an apparently dull, apath
etic, stupid, vacant, demented Istare,
bnt after spending about one hour ia
our examination. Or Cale and myself
both came to the ecnclssion that the
patient was malingering. I was then
requested to send the result of our
examination in the form Ql a written
report to tbe chief surgeon, and through
bint to the legal department, whloh I
did. In this I embodied the epeoial
features of our examination,- beeides
giving reasons for our diagnosis and
which will be referred to later. On
March 2, 1 reoeived a telegram calling
me to Fort Worth to appear as a wit
ness in the trial of the case. After the
usual preliminaries, the medloal wit
nesses for the plaintiff were called to
tbe stand. Their testimony went to
show that Uokins was seriously and
permanently injured, and thnt be was
considered by them as being idiotic,
demented and Insane.
That at the beginning be hsd re
ceived a blow at the back of bis bead
which produced cerebral concussion.
with consequent loss of consciousness,
later attended with convulsions, and
then he rapidly lost the use of all his
mental faculties, including speech,
which Indicated to them that be alto
sneered cerebral hemorrhage and lao
eration ol the brain tissue wbtch waa
aufliclent to deprive bim for all time
of the use of his mental faculties 5
that he was compelled to be nursed and
treated as a baby the rest of bis life;
that he was wholly oblivious of his
surroundings; that he bad been de
prived of all mental life and be was
now living a vegetative life; for all at
which tbey claimed he was entitled to
serious damages .' . . '
During the testimony of Dr Webb,
the patient was wheeled into court and
presented te the jury. . His apparently
pitiable condition made a profound
Impression upon them, especially as
ha made the same grotesque movements
with his bead, arms aad body and had
the eame vaoant glaring stare in his
eyes ss wbsn we examined bim. The
effect on the jury was plainly visible,
more especially wben the lawyer asked
the doctor the folio wine-Questions: "
Now, dootor, is this the young maa
you nave rein testifying about f
A. fes sir.
Q ' What e bis. mental condition
owt " "-
A. I consider bim in a state about
like a obild that has never beeo taught
or learned anything. It is almost-well.
it ia Idiotic ; It is perhaps worse than
Idiotlo, he has practically no mind.
that ia the elze of it.
When this answer vu given I saw
two jurors break down and ory and I
nudged Dr Cale aad said to him,
"Dootor, we have lost this case al
ready before we .testify." It Is need
less to add that when I waa called to
the stand I took exactly the opposite
view of Hoskin's case to that of the
other physicians.
In my testimony I claimed that
If 01 kins was a maligner; that ha was
not as badly nurt as be wanted p a
to believe; tnt he was fooling -not on.
ly tbe lawyers and the doctors, but eJ.
so tbe court and jury, as wall as the
citizens, and that my judgement
prompted me to believt tbat be would
rapidly recover; all of wbioh subse
quently proved to be true In spite,
however, of my best efforts to oonvinoe
the jury tbat he was a maligner, they
awarded Hoskins a verdict for 135,000,
the largest ever given in "the state of
Texas Two weeks later the railroad
company asksd for a new trial, which
waa refused. Then followed the most
sensational features connected with
the case. No sooner hsd tbe motion
for a new trial been overruled than
Col B M Wynne, one of the most
prominent lawyers' at ort Worth.
Texas, went before tbe . oourt . and
made the following statement, ' viz,
That Mrs Hoskins had visited him
at bla office some days' before, the ac
cident happened, and had asked bim
what damages oould be recovered from
a railroad company in case ; an acci
dent happened to a young man ' by
which be should be rendered uncons
cious and become like an idiot, or
lose entire control of bis mind . Sup
posing that she was stating !a hypothe
tical case, Colonel Wynne said the
talked with her about it, and subse
quently sae asked him to visit her at
her borne wnich be did. and there met
the son, Oran, wba talkei with; him
about such an accident and indicated
that suoh was to be carried out sub
sequently Mrs Hoskins called again
at his office, and when the door, was
closed told him she had made up ber
mind to go through with such an ac
cident to her son, and wanted bim to
agree to take tbe case, that be remon
strated with her then and there, and
told ber that he would not take suoh
a case for all the gold tbat could be
dug out of the ground, and be warned
ber not to undertake it. Tbat she
left saying that her miud was fully
made up to try t, and tbat she . won 1
consult some other lawyer. 1 She de
parted, and he at 000a told bla law
partner, MrCB lloelia. of the inter
view, and they agreed to say nothing
about it, hardly supposing that It
would amount to anything. That a
fw days later he was surprised to
read in the newspaper of jnat auoh aa
accident as had been outlined to bim
and tbat he waa again spok-o to by
Mrs Qoskins about it That be held
bis peace; that he did not tell Oarlock
and Gillespie about the interview
Mrs Hklns had had with bim, after
be knew tbey had tbe ease, because as
tbe bad aaked bim where to fin I Mr
Carlick when she left his office on tbe
occasion .of ber last interview with
bim before tbe accident, be supposed
she went right to him and consulted
him about it. Wben the trials came
ou be said nothing, and when at last
be eaw tbat the case had been won in
the co art here and would go up to
the higher court, he decided it was
time for him to speak, and so he told
bis secret, and absolved his friends
from obligation to keep It further.
Mrs Hoskins also (denied emphati
cally all that Col Wynne bad stated
about her consultation with him pre
vious to tbe alleged sooident. Judge
Dunklin, however, set aside the ver
dict atonoe and ordered a new trial
at the same time turned the patient
over to the phsioians for further In.
vestigation, and they removed him to
the aaaifirlum. No sooner had Hoek
Ins reached the ealntorium than the
same physicians whn testiued in his
behalf in court began to subject . bim
to certain tests (which have aire dy
been published In the Kansas City
elated In brief of first Impressing ths
patient with the eerionsness of bis
condition and telling bim that nothing
short of a severe and radical operatian
to his brain would do him any good
and even this would likely prove fatal
In the meantime, every preparation
was mads for the operation by other
physicians in the presence ol Hoskins,
by the display of instruments, elo, all
of which was Intended to imprees up
on Hoskins ths ' seriousness of tbe
undertaking; finally he waa place i
upon the operating table, when ? a
bogus anaesthetic was first administ
ered but substituted later by genuine
ether, aad which .soon resulted (Hos
kins confessing his fraud by admitting
that he had been ': shamming insanity
for over nine months.
The Maynard Case
In the Union oouaty oeurl which
is in session ia La Grsods the case of
H Maynard vs. the O B & N Co was
brought up todsy.' It is a suit whsre
in Maynard is suing the company lor
several thousand dollars damages sus
tained iu a railroad wreck near Union
It was first brought into cirouit court
in which he secured $1000 wss ap
pealed to the supreme court, the de
cision returned to the circuit oourt.
Later on iu retrial in the cirouit
court at which time Maynard secured
$2600 this was again appealed to . tbe
supreme court and against the defen
dants decision wss returned (or tbe
third trial for trial in the circuit oourt
which is now on witness were being
examined ht the plaintiff today. The
jury in this case is as follows :
W T Walsinger, W D Smith, Eli
Bair, J A Fraker, Jacob Clark' Cbas.
Hill, G W Prillmen, O O Ruokman,
E T May. J M Darr. B A Hug, D B
Alexander
NEW HOPE
FOR DYSPEPriCS
Osteopathy . reasons - that dis.ur
banco in tbe anatomical structures of
tbe spine serves to overthrow the
balance of tbe nerve system in such
a way that the stomach and intes
tiues are robbed of their full quota of
nervous energy, while, at the same
time, there is also a deprivation of
blood in those organs. With betb
the food supply and physiological
control of these organs thus abridged
the way is open to every sort of defec
tive funotioning which means disease
Socialists
City
Party Call
Convention
for
All comrades are hereby notified
that the Socialists of La Grande will
hold aoaiiventlon ia the old City Hall,
Thursday night, February 16, 1005, for
tbe purposs of naming nominees for
tbe various city offloes, to be voted for
at tbe next city election, to be held on
Monday, Maroh 13, 1906.
All Socialists are earnestly urged to
be present.
By order of City Central Committee,
A M PAUL, PresV
BIRD F LEWIS, Seo.
J E POLLOCK,
ERIESLAND,
1 wk J D HEIDENREICH.
Todays news today, when yon
read the Obserr er
' ' 1 e,
Real Estate
Bargains
O N No 1 A'good !six! room house
xai tbroe.iota. Prioel 1000. cash.
- L Gr Ce No 2 A Inrw) three room
house, two lota, near R Rjshope, City
water In houM, email; barn, frioe
$650, $100 cash A balance monthly pay.
meats.
O L P No S A good, nicely furnish
ed 6 room bonae, two lo'a, near school
ARB shops. Price tluOQ, $100 cash
and balanoe.monthly payments.
J B B No 4 A cood tlx room house.
small barn, two lota, good location.
Price $750.00, $300 cash, balance
reasonable terms.
A D M No 6 A fine eix room house
corner North Fir A "I" btreet. fine
barn, nice' shade trees and lawn.
Extra nice house , .price $2500, $901)
ash, balance one, two and three years.
T F P No 6 A good six room house.
had trMa arui laarn. Ian Inf. .ruvl
location. Prion $950.00, part down !
and balance monthly payments.
II No 7 Small house! and large lot
101x120, eet to fruit. Price $400, one
half cash. ' '
J K No 8 Three acres of land. Good
10 room house and barn, biilt two
years a,io with family orobard. A fine
bouse, price $3000, one-bali cash and
balance to be arranged.
O J No 6 Lots No 7 A 8, block
N
mi (JbeDiin'a Addition, urloe
1550,
Cash.
A D H No 10-LoU No 10-11 A 12,
blook No 12. Bomia's Addition. Prion
$100, Cash.
r D P No 11 Four acresJJaU set to
fruit, new eight room house, small barn
wind mill and out buildings. A snap.
Price $25J0, $1200 cash. $1300 In three
years. v .,, .
ttf J B No 12-Two lots, block No 98,
unapiin'a Aaauion. suuu
I Q No 13224 acre farm
mbler, Oregon. Part In fall
near
town
rain. Price $38 per acre. '-; '
, A H No 14180 acres eight miles
north of La Grande, 100 acres in cul
tivation, balance timber. Good build
ing and orchard. Price $5S0.00, -
A 8 No IS g) aores'alx miles north
of Island City,' 20 acres in orchard,
small buildings. Price $4000.00. Part
cash, balance on easy terms.
H FNo16 A fine home, si room
Lonse. shade and fruit trees, lawaa and
four lots In block No 6, Preduore'a
Addition. Price $1400.00. $000
and balance oae and two years. '' '
i OP No 17 A Islx room house.
barn and orchard, three lots each 60x
110 feet in block Mo 8. Chaplin's ad
ditlon Price $1000, halt cash, balance
to be arranged satisfactory to buyer.
J O F No 18-Four lots, block No 13.
Chaplin's Addition, fenced and some
small buildings on same. . Price .$900,
nait oaan.
F F N No 19 One Zblook of 8 lots
near nlgb school. Price fuw, $aoo
casn.
F T No 20-Half block lot six
Romlg's Addition, Price $1000,
half
1 F T B No il-A block of four lots,
each 60x140, on Fourth Street In Old
Town, Price $600, $260 cash. -
F No 22 A good one story brick
building at a bargain, 60 feet wide.
If you are Interested ia this, ask for
price and terms. '
J K R No 23 A good seven "room
house, city water, best of bath and
plumbing, barn and out buildings.
roar large lots, partly set to fruit and
bearing, fine location. Prloe $2000.
$350 cash and balance monthly pay
ments.
R E No 24 4 acres about one-half in
good Deanag iruit trees, good neuse,
barn and out buildings, nice sightly
location in La Grande. Price $2000,
part cash.
MrsfStNo 85 A 5 Iroom cottage.
furnishedjoomplete, omt lot In good
location, all In aood condition with
city water in bouse and water rent
paid for about 12 months. Price com.
pletc $1100. This Is a snap. Routs for
$16.00 per month. ' ,
- M C No 26 A A room house and
orner lot in cood location. Prloe $500.
ball cash.
The above is a Darrialllist of Drooar.
ty whicb we have tor sale. If this does
not suit you, call at the offioe and per
baps we will have just what you want '
We want to write your Ore and Dlate
glaas insurance.
we win make you a loan on vour
real estate or build you a bona from
your own plans
Call at our office in the Folev blook
if you want anything in our line.
LA GRANDE
INVESTMENT CO.
Peculiar Disappearance
J D Kenyan of 'Botlerville. O laid
the Deoollar diaitDrwaranoa nf hi. iuln.
ful systoms. ol indigestion and bili
ousness, to Dr King's New Life Pills
lie says: "Tbey ere a perfect remedy,
for dizziness sour stomach, headache,
constipation, etc," Guaranteed at
Newlin drug store, price 25o.
Try the Observer for first class
Job Work.
0LASS!riCD
IF YOU. HAVE ANYT 1NG TO SELL LET THE PEOPLE
HEAR ABOUT IT THROUGH THIS DEPARTMENT AND
YOU WILL FIND A BUYER. IF T0U WANT TO BUY EX
PLAIN YOUR WANTS THROUGH THESE COLUMNS.
For Sale
FOR SALS OK TRADE 6 good work
horses, 1 S4 inch wagon, 1 4 Inch
logging truck, 1 A inch logging
truck. JOUN ANTHONY.
FOR 8 ALE Pare Bred Black Minorca
Boosters from Imported Stock Also
Eggs for batching.
PDHalsteo
tlecond Hand Store
Board and Lodging by Mrs Good all
2111 3rd at. Phone 707 tf
For Rent
FOR RENT Barn 3
close In. Apply to
grocery store
sUUs, water,
Baker IBroe
FOR RENT Housekeeping rooms to
rent. Inquire of Mrs Zuber. I
i FOR RENT Furnished rooms with or
' without bath. In .best residence
district, inquire at (Jor Fourth and
juwii turn uourge naunu prupr-
ty. JanOtf
FOR BENT One six room .houee, '
good locatiou. " One Ive rooa-ot j
tags furnished complete. A new
five room house, ' all modern Im '
provementa.. La , Grande .. Invest
ment Co., Foley Hotel Building.
Lost
LOST By Mrs Fred Stanley, in this
city yesterday, a pearl , collar pin.
The Underbill please leave same at
tbe residence of Mr J M Berry and
receive reward for same.- . , , , .
WANTED To buy legelmate businees
f State what you have for sale Address
33 care' Observer V.AAi F 8tl ' '
Oregon Produce i Co,
' Phone 1761 . U Grande, .Oregon,
v v Corner Jefferson Avenue and Greenwood Streets '
Largest PacKing
, House
iln "Eastern jlOresfon
SWUUPavEashest ' bash
. . Price lor Marketable
-A.prles
WOOD SAW
G. W, ALLEN, Proprietor.
All Orders receive prompt
attention-"
. Phone 1846 ,'.
I Residence 615 Osborn St.
10
PERCENT. OFF !
On all cash purchases ' of
11.00 or over, complete stock!
of meats poultry, ' lard, our;
own cured breakfast bacon!
andhains a specialty.' -r
Phone 1601
h HARRIS
We pay the highest market
price for hides, pelts, and fare
TEAMS WANTED
J L Mara wishes to hire twelve teams
to haul rock. Inquire at Oregon Pro
duce Company's new building 1
Advertisements
Shingles, Shingles :;
Two oar loads of first olass shingle
Jnat received by the Stoddard Lumber
Company. :
Home Cured
, If you want a good home cured haamv
or bacon or first ..class lard. Call at
tbe Harris meat market. Oppositsr
Geddes. - 2-1 3-1
Malheur County Iavestraent
For Investments In
1 R COUNTY ;"
Write to C, T. McDANIEL
Outaario...... Oregon
"r, The Best Physic
' When you want a physio that ls
mild and gentle, easy to take and
gentle, easy to take and certain to act
always use Chamberlain's Btomack
1 ana Liver 1 mumm. vr
Newlla Drug Company.
t LA. GRANDE '
MARBLE WORKS
' E. C. DAVIS, Proprietor,
Oomplote assortment of fin
est marble"1 t,nd granit
always on hand. Estimates
cheerfully famished upon
application, f
-Headstones and Monuments
A Specialty a '
CUT I
:'! ' !; J;l y.,'V.
V V THE
'CEHTENWL
Mrs. A. T. MarchUoB
and
ViasO.Jt.Uam, fro pa.
I01U II Til HI OK VIII
10013 WHS 0 WITHOUT Nla
Bpeclai rates mmlstaad monthly
patrons. This bouse laj ibaolmtely
new and la thorongbly etoan from
, kltohan to parlor. Every room ia on
the ground floor. AU white help
The table ts supplied with all the
season afford.
TheCentenlallaoentrauy looated
Adams avenae, between
s. Qresnwopd and r. Q ,';X' .
La Grande, Oreatm.
CHICKENS WANTED
We pay cash, for chickens,
and want all we can get at
oar new warehouse on Je'
son avenae.
Grande Rondk Cash Co.
I'M
1