F Manning

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F Manning - XEstablished January UO, / $5000 DAMAGE •SUIT...
XEstablished January UO, / $5000 DAMAGE •SUIT ON TRIAL IN CITY COURT Action Grew Out of Fight Which Followed Auto Collision More Than a Year Ago, TESTIMONY OF BROTHER HEARD John M. Wohnlich's Declaration Declaration Sets Up He was Stabbed by Frank Price. On trial in the city court nf Alton today was thn $5,000 personal Injury suit of John M. Wolmlich against Frank Price, an action growing out of an alleged assault by Price, on Wohnllch In a fight that followed an nuto accident near tho junction of the Oldenbcrg rond with the state highway at Cannl bridge Sept. 0 lust year. "Wolmlich, it was sot up in )i| s declaration, was stabbed and seriously Injured in the trouble and for n Jong period was confined to a hospital. W. P. Boynton appeared for the plaintiff and Francis Manning of Wood River for the defendant. In tho opening statements it was Indicated that the plaintiff's side would endeavor to show that Price was the aggressor and that \Vohn- Hen's wound was Inflicted by Price. On tho defense side, it was stated that testimony would be offered to show that Price was not the aggressor aggressor in the trouble and not guilty of the stabbing, and that be bad entered the fight only in self defense. A jury was secured at 11 a. m. The first witness was Frank Wolinllcli of 1030 College avenue, a brother of the plaintiff. He testified thii't Price first struck his brother, John, behind the ear, then In the chest; that a flow of blood followed from the point In ' tlifc chest where John bad been hit. Frank Wohnlich's testimony was to the effect that he had gone for an auto ride with a girl friend on the night of tho fight after attending a picture show- He was using his brother's Ford coupe. As he drove out of the Olden bcrjs -rpad, the collision with Price's truck occurred and hla coupe was up- scf. He.went back to Oldenherg .with a friend who \v«^s, passIiKT und returned •with his brother, John, Waller llawdsley, JtoSS C)e)i)Ei>'t;iind pHw», A discussion arose with Price as to tho responsibility for the accident tuid a. settlement of damages. It was then the battle began, Wohnllch testifying 'IJttBjt .Pi'lce -was the aggressor and struck John Wpbnlich. A general fiKbt followed In wflich Price was beaten, the battle being halted by Charles Wcdlg. a constable from Nnnicoki, who happened to drive by. John Wohnlfch later was talcen to a bos. pltal In Granite City. WohnllcU denied denied any in \\'-s party were intoxicated. intoxicated. Before the case.went In trial, Attorney Attorney Manning for the defense offered offered an affidavit in -support of a motion for a continuance. Tho affidavit affidavit set up that an important defense defense witness, Constable Wedlg, was away from homo and it had not been possible to subpoena him. The affi davit further set up what It was expected expected to, show by bis testimony. After arguments before the court, the jury having been excluded, the nfl'i- -davit was admitted by the plaintiff after some deletions, und the case went to trial. Raymond W. Bchymer won the verdict In a damage suit against Ralph H. Laugen tried before a jury In city court Thursday, the jury in a scaled verdict opened in court today finding the issues in favor of the plaintiff and fixing his recovery at J3n3.tr>. Bchymer sought compensation foi ^damage done his automobile In a col •/ lislon un the slate road near Curia! t last April. During trial nf tlic action I leave was given I lie plaintiff to amend 'S his declaration to cover loss ot use of the car in business while it was being repaired, the defense noting ex ceptlons. At conclusion riC testimony, Judge Yager refused a peremptory Instruction Instruction sought by tho defense to have the jury find Langcn not guilty.

Clipped from
  1. Alton Evening Telegraph,
  2. 23 Sep 1927, Fri,
  3. Page 1

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