Witnesses Differ Widely

in Their Testimony in the Ferguson Inquest

CURVE OR NO CURVE

The Point at Issue--Jury Go Out to Satisfy Themselves--Meet at 4 o'clock.

The testimony was concluded in the Ferguson inquest yesterday and at 11 o'clock the jury went out to view the place where the accident happened. The jury will assemble again at 4 o'clock to render a verdict.

There appeared to be much difference of opinion among the witnesses as to the curve in the track at the point where the accident happened. Motorman Sauer swore that the curve was so sharp that he could not see a man on the track farther than two car lengths or about 90 feet. Other witnesses thought it possible to see 30 rods ahead. The jury went to the spot to satisfy themselves on the point.

Several witnesses were examined this morning, among them Dr. Loree, Frank K. Allmendinger and his two sons Ira and Walter, and Ezra Marsh, father-in-law of Ferguson, with whom he was living at the time of his death. The evidence of Dr. Loree related to the injuries received by Mr. Ferguson which caused his death. The evidence given by the other witnesses related to seeing blood spots at certain points a long the track. The first one was discovered west of the point where Motorman Sauer swore the man was sitting when he first saw him. Sauer swore Ferguson was sitting on the track east of the crossing and on the company's private right of way. Other witnesses swore to seeing blood near the west end of the crossing, some distance west of where Sauer said his car struck the man. Several witnesses swore that the curve at that point was slight. The points of difference in the testimony were largely centered in these two things If the blood spots discovered near the west end of the crossing were from Ferguson, then he must have been struck west of the point where Sauer swore he first saw him. On the other hand, if Ferguson was sitting on the track east of the crossing and on the company's right of way, then the blood must have come from some other source.

The theory that Ferguson might have caught his foot between the rail and the planks of the crossing and thus been run down was gone into a little farther. Several witnesses swore that this space varied from 2 to 2 3/4 inches. The shoe with the sole torn nearly off was exhibited in this connection.

Attorney Cavanaugh. who represents the family of the deceased, stated that he might have a few words to say to the jury before the verdict is given.

At 4 o'clock the jury returned the following verdict: That we, the jury, find that Jay C. Ferguson came to his death about the hour of 8:30 p. m., of July 11, 1903, In the township of Scio, by being struck by motor car No. 22 of the D., Y. A. A. & J. electric road at or near the Wagner crossing.