The Captain, the Dark Dock, and the Cry 'Man Overboard'

The damage suit brought against the Oregon Improvement Company by the representatives of Capt. George Hill, who met his death at Anacortes on the night of December 4, 1891, by falling from the company's dock at that place, came to a close in the United States court yesterday before Judge Hanford. The jury retired at 3 o'clock.

The case opened yesterday morning with the defense calling Harry W. Carroll, former deputy city comptroller, who was then purser on the Eastern Oregon. He testified that while the steamer was landing at Anacortes, about 8:30 o'clock in the evening, he heard the cry: 'Man overboard!' He hurried out on deck and looked down into the water. There were no stationary lights on the wharf, but several persons had lanterns, and these were held over the wharf so that a floating body could be discerned. The deck hands rescued the body, but there was no sign of life. Mr. Carroll aided Dr. Armstrong for two hours in an endeavor to resuscitate the man, but without success. The captain's body was then placed on the steamer and brought to Seattle. Mr. Carroll was subjected to but a slight cross-examination.

John Davis, also called for the defense, is now a resident of Seattle, but was then a real estate agent in Anacortes. It was the intention to show that Capt. Hill was under the influence of liquor when he met his death. Mr. Davis testified that early in the afternoon he heard the captain talking on the street, and he appeared to be intoxicated. About 2 o'clock he saw him in a saloon, but did not see him take a drink, although he held a glass which contained something that looked like liquor. He did not see him again that day.

At this point the plaintiffs announced that they would call F. E. Layton, first officer of the steamer, for the purpose of laying the foundation for the impeachment of his testimony. Layton testified Wednesday that he saw Capt. Hill coming down the slip before the steamer was at the dock, and that he called out: 'Stop!' The captain did not heed the command, and a moment later fell into the water, when Layton called out: 'Man overboard!' Attorney Hayes asked Layton, as soon as he was called: 'Did you state to Mrs. H. M. Pritchard, the sister of Capt. Hill, shortly after the captain's death, that the first intimation you had of the accident was when some one called out, Man overboard?' 'I don't know now what I told her,' answered Layton. 'I may have said so, but I do not remember.' Mrs. Pritchard was then called, and she testified that Layton had told her he did not know anything concerning the accident until he heard some one call out that a man was overboard. The defendant's attorney asked Mrs. Pritchard no questions at all, and here this phase of the proceedings rested.

Wade Hampton, who was then running a lodging house at Anacortes, testified that he had known Capt. Hill for twenty-eight years, both having been at Shenandoah under Sheridan. He said that on the evening of December 4, 1891, he met Capt. Hill with several other gentlemen. They all walked down the street and went into Capt. Taylor's hotel and into the bar room. Capt. Hill invited them to drink, and they all took a drink, but the captain declined to take anything himself. He laid his umbrella down on the end of the bar and talked with a friend until they heard the Eastern Oregon whistle. The night was very dark, and Hampton volunteered to show the Seattle-bound members of the party, Capt. Hill being one of them, to the landing with his lantern. He walked down with them, and when near the warehouse on the wharf he left the captain, calling the latter's attention to the huts, or slip, about twelve feet distant. Hampton then went to look after some baggage, and in a few minutes heard some one shout: 'Capt. Hill is drowned!' Hampton testified that Capt. Hill was perfectly sober, and cross-examination did not materially weaken his story in the main.

W. F. Hayes represented Mrs. Hill and Frank Shuey, the guardian ad litem, and addressed the jury. A. F. Burleigh represented the Oregon Improvement Company, and his address was also an able one. At 3 o'clock the judge delivered his charge, and the case went to the jury.