Sunday 28 October 2012

March 1917 - Suing drunk driver

I went to see my lawyer whom I had employed through my wife to look after my case. He had done nothing. I then went to the Chief Police McDonald. He told me they had dropped the charge of drunkenness so that I could bring in a claim for damages. Now I don't know why they should do this because he was liable to a fine of 50 dollars or a jail term for being drunk in charge of a car and also for driving the car on the wrong side of the road and then I could claim damages as well.

I told the chief this, he said "Well you were so long laid up we could do nothing without you so you had better see your lawyer because we had dropped the two charges so that it would make it better for you in your claim."

I saw my lawyer again told him about what the chief told me. "Has this man any money or property?" "Well how should I know, I had been in bed nearly four months. "It's up to you to find that out." "All right you can call in a day or so". I saw him again. "Well what have you found out about this man". "Well he has a farm near Perdue with a small mortgage upon it" "Well bring him before court". "How much are you claiming?" "Three thousand dollars". "What's your personal losses?" "So many days loss of work of myself and a team of horses, nursing fees, doctor bills and a lot other expenses that go along with such accidents".

"I have lost eighteen hundred dollars and also I have other losses that I never shall know what I have lost because I am a song writer, I had written four patriotic songs and copyrighted them and was going to publish them but this accident knocked me out.". "We cannot get hin in this court, we shall have to wait until May court." It's a long trail winding., I thought but I could not help myself so I would have to wait.

He was a soldier and might get drafted away anytime. I kept in touch with the men of that battalion, they had been taken to Prince Albert at this time from Saskatoon. I learned from a Sergeant that they was expecting to be drafted across seas any day. This as April. I saw my lawyer again, told him what I had learned, he had done nothing up to now. He told me he would write to him. I told him that was no use at all he must summons him for to appear at the High Court to be held in the first week of May 1917 and if he wished to pay me for my losses without Court proceedings he may do so, if not you go ahead with the case.

He said he would do that. I called to see the lawyer again four days after to hear if he had replied to his summons. My lawyer said he had and he would pay without Court proceedings. My lawyer said he would have to write the Officer in Command to give him permission to come to Saskatoon. Two days after this I learned again that this Battalion 243 had orders to be ready to be drafted across seas by the first week of May 1917.

Now the High Court was opening this week so I went to the lawyer again and warned him. "Oh I have heard nothing about it, my agents at Prince Albert would let me know if that was the case" "Well" says I, "I know this is the case because I have the information from a sergeant of that Battalion who had orders from his officers to get everything ready so you had better have this man detained".

Six days after this the battalion was drafted and my man with them. So he got clear of everything and I had to pay and suffer seven months of real agony and this drunken scoundrel to go free. What do you think reader? Well I think a great lot of things I am not allowed to say or put in writing for want of proof but they cannot stop me or you from thinking.

I don't mind telling you that it was D. McLean now Judge McLean. After the man had gone he handed the case over to another member of the firm, a Mr Sheppard, he wanted me to pay him twenty-five dollars and he would take out judgement against this man's property. "What good would that do?" I asked. "You could bring the judgement against the estate if he should die or try to sell it", "yes and I might give you twenty-five dollars - and he be lying in Woodlawn cemetery and get nothing there would be justice in that." But there is a day of reckoning and a High Court coming both to saint and sinner, they cannot dodge around that. They will pay full penalty then.

I don't know whether the man came back or not, I never heard of him coming back. No doubt he knew I was waiting for him so he would get his discharge from some other part of Canada. Well the Devil left of tempting me for a while.

No comments:

Post a Comment