Slaton v Chicago Abstract of Record

    No. 46377

IN THE

appellate Court of Illinois
F irst  D istrict  

J u n e  T e r m , A.D. 1954

WILBERT K. SLATON, A
Appellant,

VS.

Appeal from
Circuit Court,

Cook County.

CITY OF CHICAGO, a municipal cor­
poration,

Appellee. >

Honorable 
John T. Dempsey, 

Trial Judge.

Abstract of Record

F leetw ood  M. MoCoy,
35 So. Dearborn Street, 
Chicago 3, Illinois,

M oore, M in g  & L e ig h to n , 
123 W. Madison Street, 
Chicago 3, Illinois, 

Attorneys for Appellant.
F leetw ood  M. M cCoy,
W il l ia m  R . M in g , J r .,
G eorge N. L e ig h t o n , and 
W alter  K. B l a c k ,

Of Counsel.

The Scheffer Press, Inc.— ANdoyer 3-6850



INDEX

Page
Appeal, Notice o f . ..................    10
Answer of City of Chicago to Amended Com­

plaint ..................................................   6
Certificate of Clerk to Transcript of Record 48
Certificate of Trial Judge to Report of Pro­

ceedings ............................................................. 48
Certificate as to all the Evidence...................... 48
Complaint, Original ........................................... 1
Complaint, Amended..................   1
Directed Verdict, Motions and Instructions

for, given.........................................   46
Evidence (See witnesses and exhibits below)

Plaintiff’s ............................................. ...
Instruction given for Defendant. . ................... 46
Jury demand.......................................................... 1
Motion for Directed Verdict............................... 45
New Trial, Motion for...........................................  46
Notice of Intent to Sue City of Chicago . . . . .  5
Order -

Striking Original Complaint .................   1
Granting Leave to Substitute Attorneys . . 7
Granting Leave to File Amended Com­

plaint ....................     1
Assigning Cause to Judge Dempsey............. 7
Overruling and Denying Motion for a New

Trial ................................................................ 9
Petition in support of Motion to Strike Ori­

ginal Complaint................................................. 1
Praecipe for Transcript of Record . . . . . .  10
Praecipe, Amended, for Transcript of Re­

cord ...................................................  11
Proof of Service of Notice of Appeal................ 10
Proof of Service of Praecipe for Record . . .  10
Proof of Service of Amended Praecipe for

R ecord ..............     11



Page
Stipulation -  Report of Proceedings............ ... 11
Verdict....................................... .............................  46

WITNESSES

Plaintiff’ s -
Wilbert K. Slaton -

Direct Examination.....................  11
Cross-Examination.............................  19

Nathaniel Gray -
Direct Examination. .................................. 21
Cross-Examination. .................................. 24

John Gray -
Direct Examination.................   25
Cross-Examination...............................  27

Elsie Gray -
Direct Examination.............................   29
Cross-Examination...............................  30

Mrs. Walter R. Sassman -
Direct Examination. .................................  31
Cross-Examination......................  34

Ellsworth Eugene Hasbrouck -
Direct Examination..................  36
Cross-Examination. . . . . . . . . . . . .  44

EXHIBITS
Plaintiff’s -

No. 1 -Notice of Intent to Sue City of Chica­
go . . . . .  . ..................   27

No. 2-X-R ay Film of Wilbert K. Slaton. . . 43
No. 3-X-R ay Film of Wilbert K. Slaton. . . 43
No. 4-X-R ay Film of Wilbert K. Slaton. . . 43
No. 5-X-Ray Film of Wilbert K. Slaton. . . 43

ii



A P P E L L A T E  C O U R T  OF I L L I N O I S  
F ir st  D istrict  

J u n e  T e r m , A.D. 19M

WILBERT K. SLATON,
Plaintiff,

vs.

Honorable 
John T. Dempsey, 

J Trial Judge.

ABSTRACT OF RECORD

Page of 
Record

1 Piacita,
2-7 Original complaint, filed August 4, 1948 

(which has been superseded by amended com­
plaint.)

8-9 Jury demand, filed August 4, 1948.
10-11 Petition in support of motion to strike com­

plaint filed September 7, 1948.
12-13 Order, entered June 17, 1949, sustaining 

motion of defendant to strike complaint and 
granting leave to plaintiff to file amended 
complaint in fifteen days and to defendant to 
file an answer fifteen days thereafter.

14-18 Amended complaint, filed the 21st day of 
June, 1949, as follows: (Omitting caption and 
title of Court and cause and form at com­
mencement):



— 2 -

15 1. That on the 14th day of August, A. D„ 
1947, the defendant was a Municipal Corpor­
ation, and as such was in the possession and 
control of public streets and highways in the 
City of Chicago.

2. That to-wit on the day aforesaid, a col­
lection of individuals consisting of a mob of 
more than twelve persons, assembled at said 
intersection of 103rd Street and South Halsted 
Street, public highways in the said city and up 
and down both streets near said intersection 
in the City of Chicago, County of Cook and 
State of Illinois, for the purpose of exercising 
correctional and regulative powers over the 
plaintiff by violence and without lawful au­
thority; that plaintiff was lawfully in his auto­
mobile driving the same in an Easterly direc­
tion on said 103rd Street and turned his auto­
mobile North on South Halsted, and was then 
and there and all the while using and in the 
use of all due care and caution for his own 
safety and the safety of his said automobile 
and was in no manner guilty of disorderly 
conduct or other offense, when said mob vi­
ciously, wilfully, wantonly and unlawfully and 
with great force and violence assaulted and 
attacked plaintiff and his said automobile, and 
threw bricks, stones and missiles upon and 
against said automobile and into said automo-

16 bile and struck the plaintiff with said bricks, 
stones and missiles on various parts of his 
body and head and fractured his skull and cut 
his head open, and severely internally and ex­
ternally wounded and injured the plaintiff;



3

that as a direct and proximate result thereof 
the plaintiff became sick, sore, lame and dis­
able, and unable to work and to attend to his 
business and affairs and so remained for a 
long space of time; that plaintiff paid out and 
obligated himself to pay out divers large sums 
of money to-wit, $300,00 in endeavoring to be 
cured of said injuries as aforesaid and not 
otherwise; that plaintiff’s automobile was
badly damaged, smashed, broken and bent,

3. That on the said 14th day of August, 1947, 
their (sic) existed in the State of Illinois a 
certain valid penal statute entitled: An Act To 
Suppress Mob Violence (Illinois Revised Sta­
tutes, 1945, Chapter 38, Sections 512-517) 
which provides a penalty against the defend­
ant for allowing an unlawful assemblage as 
aforesaid. The pertinent sections of said sta­
tute applicable to the allegations of law here­
in contained, are as follows:

“Sec. 512 - -  Mob defined . . . . .
“Be it enacted by the People of the State 
of Illinois, represented in the general 
assembly: That any collection of indivi­
duals, five or more in number, assem­
bled for the unlawful purpose of offering 
violence to the person or property of 
anyone supposed to have been guilty of a 

17 violation of the law, or for the purpose
of exercising correctional powers or re­
gulative powers over any person by vio­
lence and without lawful authority, shall 
be regarded and designated as a *mob".



4

“ Sec. 513 - -  Serious injury defined . . . 
“The term ‘ serious injury’, for the pur­
poses of this act, shall include any in­
jury to property which shall cause dam­
age to the owner thereof, or any injury to 
the person which shall temporarily or 
permanently disable the person injured 
from earning a livelihood."

“Sec. 514 - -  Intent to inflict injury, pen­
alty . . .

“ Sec. 513 - -  Damage by violence, penal­
ty, action against municipality . . . . . 
“Any person or persons composing a mob 
under the provisions of this act, who shall 
by violence inflict material damage to the 
property or serious injury to the person 
of any other person upon the pretense of 
exercising correctional powers over 
such person or persons, by violence and 
without authority of law, shall be deemed 
guilty of a felony and shall suffer im­
prisonment in the penitentiary not ex­
ceeding five years; and any person so 
suffering material damage to property or 
injury to person by a mob shall have an 
ac+ion against the county, park district or 
city in which such injury is inflicted for 
such damages as he may sustain to an 
amount not exceeding $10,000.00*.

4. That on January 30, 1948, andwithinsix 
months of the acts complained of plaintiff 
served upon said defendant through the City



5

Clerk and City Attorney of the City of Chi­
cago, due and proper notice which was and is 
in the following words and figures:

“NOTICE
To: The City Clerk of the City of Chicago. 
To: The City Attorney of the City of Chicago.

You, and Each of You, are hereby notified 
that in complaince with Sections 6 and 7 of an 
Act concerning statutes at law for personal 
injuries and against Cities, Villages and 
Towns, “Chap. 70. 111. Rev. Statutes":

That Wilbert K. Slaton is about to bring 
suit against the City of Chicago for damages 
on account of personal injuries sustained by 
said Wilbert K. Slaton, when he was attacked 
by a mob August 14, 1947, shortly after mid­
night at the intersection of West 103rd Street 
and South Halsted Street, Chicago, Illinois.

That the name of the person to whom the 
causes of action accrued is Wilbert K. Slaton 
and his address is 11442 South Carpenter 
Street, Chicago, Illinois, which was his ad­
dress at the time he was attacked and injured 
by said mob with bricks, and remains his ad­
dress at the present time.

That the date said Wilbert K. Slaton was 
attacked by said mob and injured by being 
hit with a brick or bricks was August 14, 
1947, at the intersection of West 103rdStreet 
and South Halsted Street, Chicago, Illinois, 
about 12:30 A.M.

That said Wilbert K. Slaton was given first 
aid at the Provident Hospital 426 East 51st 
Street, Chicago, Illinois, and was later sent



to the Cook County Hospital, 1835 W. Harri­
son Street, Chicago, Illinois, after which he 

18 was taken home and was then and there under 
the care of Dr. Roger Spencer, 6252 South 
Parkway, and Dr. Ellsworth Hasbrouck, 5306 
South Cottage Grove Avenue; that said doc­
tors are his attending physicians.

/  s /  Henry C. Ferguson 
Attorney for Wilbert K. Slaton 
180 W. Washington Street, 601 
Ran 6577

Received a copy of the above and foregoing 
notice this day of , A . D., 1948.

Received Department of Law, City of
1948Jan304 11 Chicago, date rec’d 1-30-48  

Time 4:15 P.M. Benjamin S. 
Adamowski, Corporation 

Ludwig D. Counsel by J. Johnston, Re-
Schreiber cords Section (seal)
City Clerk, Chicago, 111.

5. T̂ he plaintiff demands judgment in the 
sum of $10,000, and for other and further re­
lief.

s / Henry C. Ferguson 
Attorney For The Plaintiff 

19-20 Answer of defendant, City of Chicago, filed 
the 1st day of July, 1949, as follows (omitting 
title of Court and cause):

The defendant, City of Chicago, by Benja­
min S. Adamowski, Corporation Counsel, an­
swering Amended Complaint of Plaintiff says:

1. Admits the allegations in Paragraph 1.
2. Denies the allegations alleged in Para­

graph 2.

-  6 -

20



3. Admits the allegations alleged in para­
graph 3.

4. Denies that notice was filed complying 
with Section 1-11 of the Revised Cities and 
Villages Act.

5. Denies that the plaintiff, Wilbert K. Sla­
ton, is entitled to damages in the sum of 
$10,000.00 or for any other sum of money.

Benjamin S. Adamowski, Corporation 
Counsel
By f s j  Manning J. Peters &. Jos. M .G ri- 

gal-Assistant Corporation Counsel
21-24 Order, entered the 9th day of April, 1951, 

motion of plaintiff granting leave to Henry C. 
Ferguson to withdraw his appearance as at­
torney for the plaintiff and granting leave to 
Fleetwood M. McCoy to substitute his appear­
ance as attorney for plaintiff in the place and 
stead of Henry C. Ferguson.

26 Order, entered the 22nd day of April, 1953, 
assigning cause to Judge Dempsey.

27-28 Motion of defendant, City of Chicago, at the 
close of all the evidence for the plaintiff to 
exclude same from the jury and to give to 
said jury the following instruction, viz:

“The Court instructs the jury to find the 
defendant. City of Chicago, not guilty." 

Granted.
29-30 Instruction given by the Court to the jury to 

find the defendant, City of Chicago, not guilty.
31-32 Verdict, filed the 24th day of April, 1953: 

“ We the jury find the defendant not guil­
ty ." (signed by twelve jurors)

Judgment order of April 24, 1953:
This day again come the parties to this suit 

by their attorneys respectively, and the jury

-  7 -

33



8

heretofore impaneled herein for the trial of 
this cause also come.

Whereupon at the close of the plaintiff’s 
evidence, and on motion of the defendant, City 
Of Chicago, a Municipal Corporation, the 
court instruct the jury to find the said defend­
ant not guilty, and the jury say: “We the jury, 
find the defendant. City Of Chicago, a Muni­
cipal Corporation, not guilty".

Therefore, it is considered by the court 
that the plaintiff take nothing by his said suit 
and that the defendant go hence without day, 
and that the defendant do have and recover of 
and from the plaintiff Wilbert K. Slaton, its 
costs and charges in this behalf expended and 
have execution therefor.

34 Motion by the plaintiff for a new trial filed 
the 30th day of April, 1953, as follows (omit­
ting title of Court and cause):

Now comes Wilbert K. Slaton, plaintiff in 
the above entitled cause, by his attorney, 
Fleetwood M. McCoy, and moves that the dir­
ected verdict by the jury in said cause be set 
aside and that the judgment heretofore entered 
on said verdict be vacated and set aside and 
that a new trial be granted to the plaintiff, 
and for reasons of said motion states the fol­
lowing:

1. The verdict is clearly and palpably 
against the weight of the evidence.

2. The directed verdict is contrary to law.
3. The directed verdict is contrary to the 

law and the evidence.
4. The Court erred in refusing to admit



proper and legal evidence offered on behalf 
of the plaintiff.

5. The Court erred in giving to the jury 
improper instruction on behalf of the defend­
ant.

6. There is no sufficient or substantial evi­
dence tending to support the verdict of the 
jury.

7. The Court erred in refusing to require 
defendant to move forward with its evidence, 
if any, at the close of the plaintiff’ s case.

35 8. The Court erred in refusing to submit
the case to the jury for its consideration at 
the close of the plaintiff’s evidence.

9. The Court erred in refusing to give to 
the jury proper instructions submitted by the 
plaintiff.

J s] Fleetwood M. McCoy 
Attorney for Plaintiff

37 Order, entered the 11th day of November, 
1953, overruling motion for a new trial, as 
follows (omitting title of Court and cause): 

This cause coming on to be heard upon 
the plaintiff’s motion for a new' trial here­
in, after argument of counsel and due de­
liberation by the Court, the said motion 
is overruled and a new trial denied.

Enter /  s / John T. Dempsey 
Judge

Dated: November 11, 1953
39 Notice of Appeal, filed the 8th day of Janu­

ary, 1954, as follows:

-  9 -



10 -

Appeal To
The Appellate Court Of Illinois 

First District
From The Circuit Court Of Cook County 

(Title Of Court And Cause)
NOTICE OF APPEAL

Wilbert K. Slaton, plaintiff-appellant in the 
above-entitled cause, hereby appeals to the 
Appellate Court of Illinois, for the First Dis­
trict, from the judgment rendered and entered 
in the Circuit Court of Cook County, Illinois, 
in the above entitled cause on the 24th day of 
April, 1953, on the directed verdict of the 
jury finding the defendant in the above en­
titled cause not guilty; and from the final or­
der rendered and entered in the above entitled 
cause on the 24th (sic) day of November, 1953, 
which final order denied the plaintiff-appel­
lant's motion for a new trial.

Wilbert K. Slaton, plaintiff-appellant herein 
prays that the said judgment and said final or­
der be reversed and said cause remanded for 
a new trial, and that the plaintiff-appellant 
be granted such other and further relief as 
the Court shall deem meet.

Dated: at Chicago, Illinois, this 8th day of 
January, 1954.

Wilbert K. Slaton, Plaintiff-Appellant 
By: f  s /  Fleetwood M. McCoy 

His Attorney
40-41 Proof of service of notice of appeal, filed 

the 11th day of January, 1954.
43-44 Praecipe for trial Court record, filed the 

14th day of January, 1954.
45 Proof of service of praecipe for trial 

Court record, filed the 14th day of January, 
1954.



11 -

47-49 Amended praecipe for trial Court record, 
filed the 15th day of January, 1954.

50 Proof of service of amended praecipe for 
trial Court record, filed the 15th day of Jan­
uary, 1954.

51 Stipulation filed February 19, 1954.
52 Stipulation between counsel for appellant 

and appellee that the original copy of the Re­
port of Proceedings at the trial in the above 
entitled cause may be incorporated in the re­
cord on appeal.

53-54 Report of Proceedings approved by Judge 
Dempsey and filed the V9th day of February, 
1954.

55 Report of Proceedings had at the trial of 
the above-entitled case before the Honorable 
John T. Dempsey, Judge of said Court, and 
a jury, commencing on the 22nd day of April, 
A.D., 1953. Mr. Fleetwood M. McCoy and Mr. 
Walter K. Black appeared for plaintiff, Mr. 
John J. Mortimer, Chief Corporation Counsel 
by Mr. Edward R. Hartigan and Mr. Joseph 
W. Grigal, assistant Corporation Counsel, ap­
peared for the defendant.

67 WILBERT K. SLATON, plaintiff, called as a 
witness in his own behalf, being first duly 
sworn, was examined and testified as fol­
lows:

Direct Examination by Mr. McCoy

My name is Wilbert K. Slaton. I live at 
6556 South Ingleside Avenue, Chicago. On the



12 -

14th day of August, 1947, I lived at 11442 
South Carpenter Street. I had occasion, on the 
14th day of August, 1947, to be in the vicinity 
of 103rd Street and Halsted Street. I was in 
my brother’s gray-colored, 1946 Plymouth 
convertible, two-door automobile at that place

68 and time. It was warm and we were driving 
with the top down. The time of day was be­
tween 11:00 and 11:30 P.M. The trip in ques­
tion started from 112th Street and Bishop at 
about 11:00 o’clock. There were three girls 
and two fellows with me.

69 Their names were John and Nathaniel Gray; 
Elsie Harmon; Arlene Porter, and Dorothy 
Townsend. We started the trip together and 
were on our way to the Jackson Park Beach. 
After leaving the point of departure, we went 
North on Bishop to 111th thence East on 111th 
to Halsted thence North on Halsted to 107th 
Street.

Q. What happened, if anything, at 107th 
Street?

A. We were detoured two blocks west of 
Halsted.

Q. By whom were you detoured?
A. By two policemen that were on the 

street, there. The streets were blocked by 
wooden horses.

Q. I see. Then what direction did you take ?
A. We went West off of Halsted Street to 

107th, to Peoria Street, two blocks West.
Q. Then, what happened there?
A. And then we were detoured again; there

70 was a bus, a C .T .A . bus, in front of us and 
we were following the bus, and the bus would 
be detoured and we were detoured, also.



-  13 -

Q. By whom?
A. By the police on the corner.
Q. What direction did you take?
A. North to 103rd Street.
Q. And what happened at 103rd Street?
A. At 103rd Street, the bus stopped to pick 

up or discharge some passengers, and we 
swung around it and turned East again.

Q. Was there anyone to detour you at 103rd 
Street ?

A. No there wasn’ t anyone there.
Q. Who was driving?
A. I was driving.
Q. Were you driving when you began this 

trip?
A. Yes, I was.
Q. Now, what happened when you turned 

East into 103rd Street?
A. Well, when we turned East on 103rd 

Street, we noticed some people had gathered 
along the street and they were in dribbles all 
the way up from Peoria Street to 103rd Street 
and Halsted, mostly on the South side of the 
street, and as we approached 103rd and Hal- 

71 sted, the crowd began getting thicker, and I 
suppose - -

Q. Don’t tell us what you suppose. Did you 
notice or hear anything unusual as you drove 
along 103rd Street from Peoria to Halsted?

A. Yes; well, as the crowd got thicker, the 
crowd started calling us names, saying “nig­
gers* and “here comes a bunch of niggers" 
and what not —

Q. Did you hear anything else?



-  14 -

A. Well, when we got to Halsted Street, we 
heard some of the crowd holler, “Get that 
nigger driver in that car; what is thatso-and 
-so  doing driving through here? Get that nig­
ger driver of that ca r ,"

Q. What do you mean by so-and-so?
A. “Black son-of-a-bitch,"  or words to that 

affect, I don’t remember all the words we were 
called, but that was one of the, and “ niggers."

Q. You say the crowd —  will you describe 
the crowd to the jury, the Court and the jury?

A, Well, the crowd —
Q. (Interrupting) Can you describe the 

number, and so forth, and the position of the 
crowd?

A, It was from the corner of 103rd, they 
were all on the southwest corner; it was 
crowded —  you couldn't see the street for 

72’ the crowd of people, and the crowd extended 
from the Northwest corner in a sem i-circle  
around, I mean — from the southwest corner, 
around to the northeast corner, and it was 
very thickly crowded; I imagine there were 
around 500 people, or more,

Q. All right; what happened as you got to 
Halsted Street; what did you do in the opera­
tion of the automobile?

A, Well, when I got to Halsted Street, the 
crowd started calling us names and saying, 
“Get the driver of that car; get that nigger," 
And I was a little excited and I tried to get 
out of there. And as I was goingto turn north 
on Halsted Street, and as I started to turn 
the car, they started throwing bricks at me,



15

and several of the bricks hit in the car, and 
the side of the car, and one struck me on the 
right side of my skull.

Q. Mr. Slaton, about what position was the 
car in when you were struck?

A. Well, I was just about to complete my 
turn into Halsted Street; I was already facing 
north.

Q. And where did these bricks and so forth, 
come from?

A. Well, from the southeast corner of the 
intersection and all along there; they were 
throwing bricks at us. I could *t exactly tell 

73 where they all came from.
Q. Now, what happened when you were 

struck?
A. Well, I blacked out for a second; I 

slumped over the wheel and Nathaniel Gray, 
who was in the car, said, “Get this thing out 
of here, fellow,* and I suppose that kind of 
brought me to, and I started to drive again 
and drove as fast as I could until I got away 
from there.

Q. How did you feel after the blow?
A. Well, my head was hurting terribly and 

blood was running all down the side of my 
head, and as I drove away, one of the girls 
in the back seat noticed the blood, and she 
took her handkerchief — she took a handker­
chief from one of the fellows and she held my 
head while I drove.

Q. Will you point to the place on your head 
where you received the blow?

A. It was there (indicating).



-  16

Mr. McCoy: Indicating the position in the 
right periotic region of the head.

After we left there, we drove North on Hal-
74 sted Street to Vincennes, thence down Vin­

cennes to State, and down State to 60th Street 
and over 60th Street east to Washington Park. 
When I reached Washington Park, I was too 
weak to drive any further, so I told one of the 
fellows in the car to drive for me, and we 
headed for Provident Hospital which is lo­
cated on 51st Street between South Parkway 
and Vincennes or St. Lawrence. John Gray, 
who was one of our party, drove the car.

Q. And what, if anything, - -  what happened 
when you got to Provident Hospital?

A. When I got to Provident Hospital and 
went into the waiting room, I found that I 
couldn’t open my mouth wide enough to talk, 
and I couldn't speak plainly at all; all I could 
do was mumble, so when the attendant there 
asked the questions, Nathaniel Gray did the 
answering, and I could hear what was going 
on, but I couldn't answer; I was conscious, 
and he asked what happened he told him I was

75 hit by a mob at 103rd and Halsted, and there 
were several other people in there waiting 
for treatment, also, that had been through 
the same bunch, and they said I should go to 
the County Hospital because they couldn’t 
take me right away; and they wanted me to 
receive treatment right away.

Q. What happened next?
A. So they suggested that we wait for an 

ambulance or patrol wagon to come and pick



17 -

us up, but my friends wanted me to get over 
there as quick as possible, so they drove me 
over to Provident Hospital - -  John Gray, I 
mean, over to the County Hospital.

Q. And what happened when you arrived at 
the County Hospital?

A. At the County Hospital I was treated 
and my head was stitched, and there was four 
stitches taken in my head.

I stayed at the County Hospital about four 
hours. Afterwards, I was put into the car and 
driven home. When I arrived home my mother 
put me to bed and contacted Dr. Roger Spen- 

76 cer, whose offices are located on the corner 
of 63rd and South Park. I saw Dr. Spencer 
the next morning at his offices. He examined 
the wound, changed the bandages and sent me 
to an X-ray laboratory to have X-rays made 
of my head. The X-rays were made by a Dr. 
Mitchell on 47th Street in the South Center 
Building. I went back to see Dr. Spencer and 
after he received the X -rays, he stated that I 
had a fractured skull and that he would rather 
I be treated by a bone specialist. Dr. Spencer 
sent me to Dr. Hasbrouck whose offices are 
located on the corner of 63rd and Cottage 
Grove. I saw Dr. Hasbrouck the following day 
and he examined the X-rays, examined me and 
dressed my wound. As I was still in consider­
able pain he gave me some sedatives. I saw 
Dr. Hasbrouck about every other day for about 
four weeks. After that, Dr. Hasbrouck cut 
down my visits to about twice a week and that 
schedule lasted for about an additional six



18

weeks. Thereafter, my visits to Dr. Has- 
brouck were limited to about once a week for 
about two or three weeks, and, finally to about 
one visit per month.

78 Q. How long did you remain under Dr. Has- 
brouck’s treatment?

A. Well, right now, I am still going to him 
once in a while, when I have those severe 
headaches, so I suppose I am still under his 
care.

Q. I see. Now, tell us about this speech 
impediment you mentioned. You say that when 
you got to Provident Hospital, you couldn’t 
make yourself understood, is that right?

A. That is right.
Q. You couldn’t talk clearly?
A. Yes.
Q. And how long did that condition last?
A. Well, that lasted, I will say for about 

three weeks. I could mumble things and I 
could make people understand by using my 
hands.

I was in severe pain for about three or four 
weeks as a result of my head continuing to

79 hurt. On one of my visits to the doctor he 
had to open up the wound and drain it because 
it had become infected. This was extremely 
painful. I also experienced dizziness along 
with pain. Three or four weeks after I was 
struck, I started back to work but my condi­
tion was still such that I experienced head­
aches occasionally, especially when I became 
tired or got over-heated. These attacks oc­
curred about every other day or so, or about



19 -

two or three times a week and would last un­
til I retired for the night. At the present time 
I have occasional headaches on the same side

80 where I was struck. My speech impediment is 
not as bad now as formerly because I have 
learned to speak more slowly. I still stam­
mer whenever I forget and try to talk fast. 
In the acute stage this speech impediment 
lasted for about four weeks. The impediment 
continued to be noticeable to others for about 
a year.

At the time of this occurrence I was em­
ployed at Johnson’s Drug Store which is lo­
cated at 103rd and Hale at a salary of $42.50

81 per week. I returned to work about 3 ior  four 
weeks after the accident at the same rate of 
pay. Prior to this injury, I was in very good 
health and had not had any serious illnesses

82 or suffered from any aches or pains in the 
head. At the time of this occurrence in 1947 
I was about twenty-seven years old.

Cross Examination by Mr. Hartigan

I started from 112th Street and Bishop about 
11:00 or 11:30 at night. When I got to 107th 
Street, I was detoured by one of two or more

83 policemen stationed there. There was not a 
gathering of people in that vicinity at that 
time. Nor was there a gathering of people 
on the corner of Peoria when I got there. 
There was a policeman on the corner of 107th 
Street and Peoria. When I got to 103rd Street 
and Peoria, I didn’t notice any policemen.

84



20 -

nor were there a great number of people 
gathered there. When I turned East on 103rd 
Street, I think there was an automobile in 
front of me, but I don’t know how many people 
were in it.

85 As I neared Green Street, I noticed more 
people along the South side of the street, but 
they didn’ t attempt to blockade my car prior 
to reaching Halsted. At Halsted the crowd 
was so dense, I couldn’t see up 103rd Street. 
They were all assembled in 103rd Street, 
East of Halsted and none were assembled in

86 the street West of Halsted. The people as­
sembled on the southwest corner of 103rd 
Street and Halsted didn’t get over into the 
street. I don’t remember seeing any police 
at 103rd and Halsted. And when I made the 
left turn, I was pelted with various rocks 
and m issiles.

87 It took me about forty-five minutes to get 
from 103rd and Halsted to Provident Hospi­
tal. After I left 103rd and Halsted my pro­
gress was not impeded. It took me about for­
ty-five minutes to an hour to get from Pro-

88 vident Hospital to the County Hospital. I was 
given first aid at the County Hospital but I 
don’t remember the name of the doctor who 
treated me. I had four stitches taken in my 
head at that time.

90 Q, Now, at 100th Street, when you ap­
proached Halsted Street, will you tell us just 
what the crowd or gathering did there, and 
what they said at that time?

A . Well, when I reached Halsted Street - -



21

they had been calling us “niggers® all the 
time all along there, and a couple of them 
said, “Let’ s get that nigger driver in the car,® 
And right there is a red light, and I think I 
had paused for a second, you know for the red

91 light, and it had probably changed green, and 
I started off, and as I started off the crowd 
kept hollering, “Get that nigger driver in the 
car,® And they started throwing bricks at me,

92 NATHANIEL GRAY, witness, called and sworn
on behalf of the plaintiff, testified as fol­
lows:

Direct Examination by Mr, McCoy

I am in the Navy, but my permanent ad-
93 dress is 813 East 131st Street. On the 14th 

day of August, 1947, I lived in Morgan Park, 
114th and Carpenter; I think the number was 
11437, I knew Wilbert K. Slaton at that time, 
I was with him, Elsie Gray, nee Harmon, 
John Gray, Arlene Porter and Dorothy Town­
send on the evening in question, I think we

94 began our auto trip from 111th and Bishop 
to go to Jackson Park, We proceeded on 111th 
Street to Halsted, thence North on Halsted to 
107th Street. Slaton was driving. At 107th 
Street, there was a police officer in the street 
directing traffic West from Halsted Street. 
When we got there we simply turned West and 
followed the other traffic over to Peoria

95 Street. At Peoria we again turned North and 
went up to 103rd Street. As we wanted to get



22 -

back on Halsted Street, we turned East on 
103rd Street. Slaton was still driving.

After we turned off Peoria into 103rd 
Street and had proceeded about a block, we 
began to notice people congregating along the 
side of the street. As we got within about 
fifty feet of Halsted Street, we saw large num­
bers of them massed on three corners of 103rd 
and Halsted.

96 Mr. McCoy: Q. Did you hear anything being 
said as you approached Halsted Street?

The Witness: A. Well, we were following 
the traffic into Halsted Street, and we were 
proceeding fairly slow, and as we got up 
there, I guess, say about twenty feet from the 
corner, we heard somebody hollering, "There 
is some niggers." So then I had noticed the 
crowd, but I hadn’t given it much thought un­
til I heard a lots of them say, “ There is some 
niggers," so it seems that started it. And they 
picked it up, and somebody said, “Stop them 
niggers." So they said, “Get that nigger dri­
v er ." So I said “We’d better get out of here," 
so just as we started to pull around the car 
in front, somebody said, “Kill the driver; 
kill that nigger driver.” And it began to rain 
bricks and I guess, bottles, and everything, 
on the car. I was sitting in the front seat and 
Miss Townsend was next to me, and Slaton 
was driving, so when they started to throw, I 
heard - -  I don’t know who got hit first, her 
or him, but I heard the sounds of the bricks, 
or whatever it was, hitting in the car, so all 
at once Slaton slumped over the steering wheel



23

and stopped the car momentarily, and I said,
97 “ Man, we have got to get out of here." So he 

roused up and pulled around the car that was 
in front of us, and turned North on Halsted, 
and he drove to about, I think, 89th Street, 
and some girl in the back of us was holding 
a handkerchief over his head.

Q. Now, I want to stop you for a moment. 
Were these missiles and bricks that were 
being thrown, where were these bricks and 
missiles coming from?

A. From the southwest side of 103rd Street, 
that was where the crowd was, and most of 
the bricks were coming from there where the 
crowd was massed on the sidewalk.

Slaton then drove up to 89th Street where 
he stopped to stop the flow of blood from a 
hole in his head right up above his right ear 
and wipe it out of his eyes. We thought it

98 best he get to the hospital, so my brother 
drove there from about 60th and South Park­
way where he took the wheel after Slaton had 
stopped the car because of dizziness and 
blurred vision. When we got to Provident 
Hospital we found that there were a number 
of other people waiting for treatment and 
that Slaton wouldn’t be cared for right away. 
Because Slaton had lost his power of speech, 
we put him back in the car and took him over

99 to the County Hospital. There was a little 
mix-up at the County Hospital because they 
wanted Slaton to give them the history of the 
case but he couldn’t talk and so I answered 
the questions for him. After getting the history



24

of the case, they washed Slaton’s face and 
then stitched up the wound in his head. We 
were at the County Hospital about three or 
four hours.

Cross Examination by Mr. Hartigan

I have known the plaintiff about twelve
100 years. When we got down to 107th Street and 

Halsted, there was a policeman there detour­
ing traffic West to Peoria Street. We followed 
the detoured traffic west on 107th to Peoria. I 
didn’t see any policemen at 103rd Street and 
Peoria when we reached there. There was no 
bus in front of us when we reached 103rd and 
Peoria. We passed it somewhere between 
107th and 103rd on Peoria. There was not an 
unusual gathering of people on Peoria where 
we passed the bus. There were more and

101 more people along 103rd Street as we neared 
Halsted Street. At Halsted Street, the crowd 
was densely packed. The crowd was congre­
gated on the Southeast corner and the North­
east corner as well as on the Southwest cor­
ner. Both 103rd Street and Halsted Street 
were reasonably clear of the crowd.

102 I didn’t see any policemen at the bigger 
gathering of people at 103rd and Halsted 
Street. There might have been policemen 
there but my interest was taken up with the 
size of the crowd and its conduct. I was sit­
ting on the side nearest the people when they 
started pelting our car with rocks. A girl was 
between myself and Slaton on the front seat of



25

103 the car which was a convertible with the top 
down. It took us about forty minutes to get 
down to Provident Hospital and about forty 
minutes to get from there to the County Hos­
pital. This incident occurred about uine o*-

104 clock at night. After leaving the County Hos­
pital, my brother drove Slaton home.

JOHN GRAY, called as a witness on behalf 
of the plaintiff, being first duly sworn was 
examined and testified as follows:

Direct Examination by Mr. McCoy

I knew the plaintiff on the 14th day of Aug­
ust, 1947, and had occasion to be with him in 
his automobile that night.

106 My brother and three girls were also pre­
sent. We all got together at a celebration 
they were having in Morgan Park and decided 
to go to the beach. The plaintiff, who was at 
the wheel, drove out 111th Street east to Hal-

107 sted, starting around nine o'clock. When we 
reached Halsted we went North to 107th 
Street, where we were detoured over west 
to Peoria Street by policemen at the corner 
of 107th and Halsted. When we reached Peo­
ria we then turned North into Peoria and 
continued on Peoria until we reached 103rd.

108 When we reached 103rd and Peoria there 
was a bus in front of us but we pulled around 
it and headed East on 103rd Street. Abouc one 
half block before we reached Halsted we could 
see a crowd. The crowd was large and as we 
approached Halsted Street some of them be­
gan to yell “Here comes some niggers.” As



26

we got nearer Halsted, some of the crowd 
started hollering “Get that nigger driver in 
the car.* Then they started throwing bricks, 
and one of the bricks hit the plaintiff and one

109 hit one of the girls in the front seat. The car 
was still headed East when this occurred but 
after being struck by the brick and momen­
tarily knocked out, the plaintiff straightened 
up and drove the car North on Halsted Street.

Mr. McCoy: Q. When you say "straightened 
up," say what you mean?

The Witness: A. Well, after he was hit with 
the brick, he was knocked out for awhile.

Q. And did you notice where the bricks 
came from?

A. They came from the crowd, from the 
South side of the street; the South side of 
103rd Street.

Q. And when did the bricks begin to come?
A. After they said, "Stop that nigger driver 

in that car.'*
Q. You heard them say, “ Stop that nigger 

driver in that car? *
A. Yes.

110 Q. Then the bricks came?
A. Yes.
Q. Then he was struck, is that right?
A . Yes.
After he was struck, I noticed that he was 

bleeding about the head and that there was a 
gash in it deep enough to expose the bone. 
When we reached Washington Park the plain­
tiff said he was getting dizzy and couldn’t 
drive any further, so I drove the car from 
there to Provident Hospital.

I



27

Cross Examination by Mr. Hartigan

113 There was quite an assemblage of people 
at 103rd and Halsted Street. They formed a 
sem i-circle from the East side of 103rd 
Street back around to the West side of 103rd 
and Halsted. The sem i-circle ran from the

114 Northeast corner to the southwest corner of 
103rd and Halsted. I did not see a police-

115 man from the time we left 107th and Halsted 
until we reached 103rd and Halsted where I 
saw a policeman out in the middle of the 
street. This incident occurred about 9:00 o’ ­
clock.

Plaintiff’ s Exhibit 1
119 Document marked Plaintiff’ s Exhibit 1 for 

identification offered in evidence without ob­
jection and received by the Court. Said Plain­
tiff’s Exhibit 1 is in words and figures as 
foHows:

“NOTICE

To: The City Clerk of the City of Chicago. 
To: The City Attorney of the City of Chicago.

You, And Each of You, are hereby notified 
that in compliance with Sections 6 and 7 of an 
Act concerning statutes at law for personal 
injuries and against Cities, Villages and 
Towns, “Chap. 70. 111. Rev. Statutes*:

That Wilbert K. Slaton is about to bring 
suit against the City of Chicago for damages 
on account of personal injuries sustained by 
said Wilbert K. Slaton, when he was attacked 
by a mob August 14, 1947, shortly after mid­
night at the intersection of West 103rd Street



28 -

and South Halsted Street, Chicago, Illinois, 
That the name of the person to whom the 

causes of action accrued is Wilbert K. Slaton 
and his address is 11442 South Carpenter 
Street, Chicago, Illinois, which was his ad­
dress at the time he was attacked and injured 
by said mob with bricks, and remains his ad­
dress at the present time.

That the date said Wilbert K, Slaton was at­
tacked by said mob and injured by being hit 
with a brick or bricks was August 14, 1947 
at the intersection of West 103rd Street and 
South Halsted Street, Chicago, Illinois, about 
12:30 A.M.

That said Wilbert K„ Slaton was given first 
aid at the Provident Hospital 426 East 51st 
Street, Chicago, Illinois, and was later sent 
to the Cook County Hospital 1835 S. Harrison 
Street, Chicago, Illinois, after which he was 
taken home and was then and there under the 
care of Dr, Roger Spencer, 6252 South Park­
way, and Dr. Ellsworth Hasbrouck, 6306 
South Cottage Grove Avenue; that said doc­
tors are his attending physicians,

J sj  Henry C. Ferguson 
Attorney for Wilbert K. Slaton 
180 W. Washington Street, 601 
Ran 6577

Received a copy of the above and foregoing 
notice this day of , A.D.,
1948.

Received Department of Law, City of
1948 Jan 30 4 11 Chicago, date rec’d 1-30-48  

Time 4:15 P.M. BenjaminS. 
Adamowski, Corporation 

Ludwig D. Counsel, by J. Johnston, Re-
Schreiber cords Section (seal)
City Clerk, Chicago, 111.



29 -

120 ELSIE GRAY, called as a witness on behalf
of the plaintiff, having been duly sworn,
testified as follows:

Direct Examination by Mr, McCoy

I live at 13 East 131st Street but on the 14th 
day of August, 1947,1 lived at 1156 West 112th 
Street. I know the plaintiff, Wilbert Slaton, in

121 this case and was in his company and that of 
John Gray, Arlene Porter, Nathaniel Gray, 
and Dorothy Towns (sic) on the evening of the

122 date in question, riding to the beach. The car 
was a yellow convertible and Mr. Slaton was 
at the wheel. When we started out to go to the 
beach we drove East on II 1th Street to Hal- 
sted where we turned North continuing on 
Halsted to 107th Street. When we reached 
107th Street we saw two policemen directing 
traffic to detour back west. We went over 
107th Street west about two blocks to Peoria. 
At Peoria Street we turned back north and

124 followed a C .T.A. bus up to 103rd Street. 
At 103rd Street we turned to get back on 
Halsted Street and continue our trip to the

125 beach. As we drove on we saw quite a few 
people in the street. And as we went down 
103rd to Halsted the crowd of people began 
to holler. The crowd of people began to hol­
ler. The crowd numbered several hundred.

Mr. McCoy: Q. All rights Now you say the 
crowd began to do what?

The Witness: A. Began to holler.
Q. What did you hear. What, if anything did 

you hear?-



30

A. Well, they called us dirty names at 
first, and somebody said “Where do you nig­
gers think you are going over here? ’*

Q. Did you hear anything further?
126 A. They said “Get back where you belong, * 

and somebody hollered “Get the driver. Kill 
the dirty nigger,* and then they began throw­
ing bricks.

Q. Where was the automobile at the time 
the bricks began to come?

A. We were turning off 103rd to Halsted, 
going back North on Halsted.

Q. From which direction were these bricks 
coming?

A. They were coming from the right.
127 The first brick caught Mr. Slaton in the 

head and then bricks started coming so fast 
someone hollered “ Man, get out of here.* 
Mr. Slaton was stunned for a moment and 
caused the car to stop. He roused himself 
and tried to get the car started. Mr. Slaton

128 finally got the car started and drove on for 
awhile until he got weak and had to give up 
the wheel. After that we went on to Provident

129 Hospital but after arriving there we were 
told that it might be best for us to go to the 
County Hospital. We then all went to the 
County Hospital where Mr. Slaton received

130 medical attention. After spending about four 
hours at the County Hospital, we all left for 
home.

Cross Examination by Mr. Hartigan

132 The crowd on 103rd and Halsted were to



the left and to the right as we were about to
133 turn off 103rd Street North on Halsted. By- 

left and right of me, I mean the crowd was 
on the Southeast corner and the Northeast 
corner. There might have been some on the 
Northwest corner and the Southwest but I 
don’t remember whether there were or not.

134 Mr. Hartigan: Q. At the time the crowd was 
throwing these bricks or missiles at your car, 
at the time that Mr. Slaton was struck, what 
happened to the car? Was it still in motion?

A. At the time he was struck?
Q. Yes.
A. At the time he was struck we were just 

turning the corner.
Q, The car was in motion making the turn? 
A. That is right.

135 After that the car stopped for about two or 
three minutes. Then Mr. Slaton started it up 
again and we continued North on Halsted 
Street. Later Mr. Gray took over the driving 
of the car.

MRS. WALTER R. SASSAMAN being called 
as a witness on behalf of the plaintiff here­
in, having been first duly sworn, testified 
as follows:

Direct Examination by Mr. McCoy

138 I am M rs. Walter R. Sassaman and I live 
at 6420 South Dorchester. On the 14th day of 
August, 1947, I lived at 11027 Green Street. 
I am familiar with the Fernwood Parkdevel-

-  31 -



32

opment located on Halsted from about 103rd 
to 105th about four blocks from my then re­
sidence. The project was located East of Hal- 

140 sted. My relationship with the project devel­
opment was that of Secretary of the Fernwood 

142 Goodwill Committee. On the 14th day of Aug­
ust, 1947, thousands of people gathered inthe 
area around the Fernwood project hollering, 
screaming, yelling in the streets, threaten­
ing and behaving terribly, with baseball bats 
and clubs and stopping cars and making tele­
phone calls threatening me and people who 

144 lived in the project. I did not live in the pro­
ject. There were eight Negro families living 
there and the rest of the tenants were white. 
I believe the project contained sixty-seven 
units.

Mr. McCoy: Q. And when were these Ne­
gro families moved into the project?

A. On Tuesday, the 12th.
Q. The 12th of August?
A. Yes.
Q. And after they were moved in did any­

thing unusual develop?
A. Yes.
Q. Tell the Court and jury what did develop 

that was unusual after these Negro families 
moved in?

A. The whole park, Halsted Street for 
blocks around mobs gathered and threatened 
to evict the Negro families from their homes 
by violence, if necessary.

Mr. Hartigan: I move that that be stricken, 
if the Court please.



33

The Court: Objection sustained.
Mr. McCoy: Which part of it? Does all of 

the answer go out? If the Court please, she 
said that — her answer may be separated 
into two parts. (To reporter) Will you read 
the answer again?

(Answer read)
The Court: The first part of the answer 

may stand, about the crowds gathering - -
Mr. Hartigan: I submit —
The Court: And the threats made.
Mr. Hartigan: Now, just a moment.
The Court: Those parts of the answer which 

are conclusions, such as by force if neces­
sary, and anything that follows that, will be 
stricken and the jury is instructed to disre­
gard that portion of the answer.

Mr. McCoy: It may stand down to threats 
made.

148 I had occasion to visit the project area 
about nine o’clock at night on the 14th day of 
August, 1947. I was in a taxicab for about an 
hour and a half that couldn't move either back­
ward or forward. This taxicab was back of the 
project around 104th Street.

Mr. McCoy: Q. And what did you observe, 
if anything?

A. Thousands of people, pounding on the 
windows, opening the doors of the taxicab, 
trying to push it over, some of them saying 
“There aren’t any niggers in there, let 'em  
go. We are going to run the niggers out of 
the project, get ‘em out of here,” and pound-  
ing, yelling, and screaming at me, and sur­
rounding the taxicab so that we couldn’t move.



34 -

and policemen were there, and the crowd 
were throwing stones and having bats and 
sticks; and it was the worst day of the riot­
ing.

Mr. Hartigan: I object to that, and ask that 
that be stricken.

149 The Court: The last sentence of the answer 
may be stricken.

Mr. McCoy: Q. Where did you observe this 
mob conducting itself as you have told us a- 
bout?

A. Oh, for several blocks all around the 
project.

Q. Would you say in the vicinity of 103rd 
and Halsted?

A . We went past there.
Q. What did you see when-----
Mr. Hartigan: That is objected to.
Mr. McCoy: Approximately what time was 

this when you passed 103rd and Halsted on 
that evening?

A. Well, it was between nine and eleven. I 
arrived at the university about eleven and 
left home about nine.

Q. What did you observe in the vicinity of 
103rd on that evening?

A. The same kind of mob action that I de­
scribed.

Cross Examination by Mr. Hartigan

I first went to the project on 104th Street 
in the morning of August 14, 1947. It was about

150 ten o’clock in the morning when I first went



-  35

there. I walked to the project from my home 
for the purpose of delivering a message to 
one of the tenants in the project from Mr. 
Tom Wright of the Mayor’s Commission on 
Human Relations. I stayed in the project about

151 twenty minutes. Mr. Tom Wright was execu-
152 tive secretary of the Commission. Mr. 

Wright’ s request was made by telephone call 
to me made, presumably, from his office. His

153 office was located somewhere downtown. The
154 city was interested in this project because it 

was built by the Chicago Housing Authority. 
The Mayor’s Commission on Human Relations 
was very active in attempting to help the ten­
ants in the community to make this adjust­
ment. I returned to the project area about 
four o’clock in the afternoon to see how the 
children of one of the families were getting 
along.

155 The next time that I was in the project 
area was in the evening when I left my home 
in a taxicab to take my child to stay with 
friends in the vicinity of the University of 
Chicago. I left home about nine o’clock. I

156 didn’t visit the project itself but was in the
cab on Halsted Street directly opposite the
project. Mobs of people hemmed the cab in
so that it couldn’t move. The cab was facing

•

157 North on Halsted Street and was about middle 
of the street. Halsted Street was just covered 
with people and they swarmed around the cab.

158 The progress of the cab was so impeded that 
it took two hours to make a trip that normally 
took only a half hour. I had asked the driver



-  36

159 not to go Halsted Street because I saw mobs 
there, but he did, and I suppose about 105th 
Street it became difficult to drive. There were 
many police in the vicinity. When we got down 
to 104th Street we were stopped. The police 
didn’t ask the cab driver to go to another 
street at that time. He went straight down 
Halsted Street. I saw barricades all around 
in the streets.

160 I do not know the plaintiff in this case at 
all. I am here because I was subpoenaed. I

161 have the subpoena here. I haven’t seen anyone 
in this Court before. I don’t know anyone here. 
The lawyers in this case, Mr. McCoy and Mr. 
Black came out in the hall as I arrived and 
asked me to testify on my role in the Fern- 
wood Community. I don’t know what this case

162 is about. I don’t know how Mr. McCoy got 
my name. I never talked to Judge Ferguson 
about this case nor do I know him.

ELLSWORTH EUGENE HASBROUCK, called 
as a witness on behalf of the plaintiff here­
in, having been first duly sworn, testified 
as follows:

Direct Examination by Mr. McCoy

163 I am Ellsworth Eugene Hasbrouck and I 
live at 1019 Hyde Park Boulevard. I am a 
surgeon duly licensed to practice in the State 
of Illinois since March 19, 1939.1 am a grad­
uate of Howard University Medical School. I 
interned at Provident Hospital. I am a spec­
ialist in general surgery. I have had a five



37

year Rockefeller Foundation grant in re­
search, and postgraduate work in surgery. I 
am certified as a member of the American 
Board of Surgery, a fellow of the American 
College of Surgeons, and fellow of the Inter­
national College of Surgeons. I have special­
ized in the field of surgery since 1943. I be­
long to the American Medical Association, 
Chicago Medical Society, Illinois State Medi­
cal Society, Chicago Surgical Society, Cook 
County Physician’s Association. I am chair-

165 man of the Department of General Surgery at 
Provident Hospital and am an instructor of 
surgery at Chicago Medical School. I have 
been chairman of the department since 1948, 
and connected with the hospital since 1937. 
I have been instructor of surgery at Chicago 
Medical School for the past two and a half 
years.

On or about the middle of August, 1947, I 
had occasion to see the plaintiff in this case, 
Wilbert Slaton, professionally. I saw him in 
my office at 6306 Cottage Grove. He was re­
ferred to me for examination and treatment 
of injuries previously sustained. I examined

166 him and gave him the indicated treatment. I 
have been attending and treating him since 
that time.

Mr. McCoy: Q. Did you have occasion, 
doctor, to listen to his manner of speech when 
you first observed the plaintiff?

The Witness: A. Yes, I did.
Q. What, if anything, did you notice about 

it?



38 -

A. Well, it was rather hesitant and blurred,
Q. Doctor, will you describe in detail the 

examination you made on this occasion, both 
objectively and subjectively?

A. Well, his subject or complaint which 
arose from him, the patient, were in rela­
tionship to an injury that he had previously 
sustained to his head. He complained of pain, 
headaches, dizziness and had a history of pre­
viously incoherent and inability to speak. 
However, he had regained his voice, and was 
speaking in the hesitant fashion that I pre- 

167 viously outlined. Objectively, by inspection a 
laceration was seen in the right parietal re­
gion. That is at the roof of the skull. This 
had been previously sutured by first aid. 
There was a serum or fluid that was emit­
ting itself or actually present over the area 
of the laceration. A crust was forming over 
this laceration.

By palpation or feeling of the area involved 
tenderness could be elicited, which is a sub­
jective complaint. By pressing the area the 
patient complained of pain.

However, objectively there was a localized 
swelling, and a small amount of clear, but 
given to yellowish, product to be exposed. 
Further feeling, or on palpation of the area, 
it disclosed an opening that was communica­
ting with the laceration through the skull.

Generally, his blood pressure was within 
normal realm, his temperature was slightly 
elevated to a low-grade fever, approximately 
ninety-nine degrees. His other systemic ex­
amination was otherwise negative.



-  39 -

Q. Did you make a diagnosis at that time, 
doctor?

A. Yes, I did,
Q. What diagnosis did you make?
A, The diagnosis made at that time was a 

compound comminuted depressed skull frac- 
168 ture associated with a plain concussion. There 

was evidence, even at first examination, that 
the laceration involving this compound frac­
ture was infected.

Q. What area of the parietal region did 
that injury involve?

A. The actual superior aspect of the par­
ietal region. The top of the skull, for all 
practical purposes, and anterior to the mid­
line near the suture, or the adjoining portion 
where the bones join each other.

Q. Were the tables involved?
A. Both tables of bone could be felt and 

subsequently seen after removal of the su­
tures. The hole itself could be seen, and it 
involved both tables of the skull.

Q. Doctor, will you tell us the size of the 
injury or the fracture? The area?

A. The size of the injured area could be 
approximated as an inch and a quarter. The 
whole laceration. The size of the compound 
skull fracture could be approximated at an 
inch.

Q. Will you give us an idea of the depth 
of the fracture?

A. Well, the depth of the depression would 
be estimated as a quarter of an inch depres­
sion. That is both tables of the skull itself



40 -

169 were depressed or pushed into the brain 
cavity approximately one quarter of an inch.

Q. Will you explain to the jury what you 
mean by “tables"?

A. The skull itself is made up of two lay­
ers, an inner and outer table. It is a shell 
within a shell. Between the two layers is the 
blood supply and a stringy type of bone. The 
outer hard layer is the protective agent of 
the skull and the brain. The inner layer car­
ries the blood vessels which nourishes not 
only the skull but the scalp. These two, the 
inner and outer shells, are approximately an 
eighth of an inch in thickness, so that it is 
a shell without a shell, and a shell within a 
shell, known as the inner and outer tables of 
the skull.

Q. And you say both of the tables had been 
pierced?

A. Both tables were depressed. That is, 
impacted from without in.

Q. At that time, doctor, did you have oc­
casion to see the X -ray plates purportedly 
made of the plaintiff’ s injury?

A. Yes, I did.
Q. Who referred the plates to you?
A. A previously seen physician who saw 

him one time, Dr. Spencer.
170 Q. Now, doctor, without reference to these 

X-ray plates were you able to make the diag­
nosis that you just gave us completely inde­
pendent of these plates?

A. Oh, yes. It was obvious.
Q. They were made clinically?



41

A. Yes, a clinic diagnosis supported how­
ever by X -rays,

I saw the plaintiff approximately three 
times a week during the period of the treat­
ment of the infection. When I first saw him 
there were some sutures in place. Some were 
removed to promote drainage, to let some of 
the pus out from under his scalp. The infec-

171 tion on the scalp which was present was lo­
calized under treatment so that the abscess 
itself could be evacuated and the pus itself 
could be relieved. I saw the plaintiff three 
times a week for a period of about a month. 
The frequent visits were made because of 
the infection. We were giving him medica­
tion by mouth and injections and local heat 
applications to prevent the extention of the 
infection from the scalp or from the skull it­
self into the brain tissues which were com­
municating with it to prevent a brain abscess.

172 Q. Was the infection you treated him for 
directly associated with the injury?

A. Yes, it was.
The plaintiff is still under observation but 

no actual treatment is being administered at 
present. I last saw the plaintiff profession­
ally, last week. When I first saw him he ap­
peared to be in pain. The infection then pre­
sent was evidence of contamination, — bac­
terial involvement. There were germs that 
were in the wound in the area of the lacera­
tion that had established an infection under 
his scalp, perhaps from just environmental 
contamination. There was brain injury in



-  42 -

this case caused by the concussion which
174 goes with the skull fracturing hand in hand. 

If the injury is severe enough to cause bleed­
ing then there are small little hemorrhages 
that accumulate in all areas of the brain. As 
these heal they give you scar tissue.

Mr. McCoy: Q. Is there usually involve­
ment of scar tissue in the brain pathologi­
cally?

A. Pathologically?
Q. Yes.
A. Under the circumstances we have out­

lined, it is.
Q. How is that involvement brought about? 

How does it operate?
A. Well, you mean from concussion or 

from —
Q. From the scar tissue resulting from the 

healing?
A. From the healing. The area in which 

the infection is present, rather than having a 
normal thin scar which all normal healing 
has, has an additional scar which is nature’s 
attempt to fight off the invading infection. 
Subsequently, it throws out more scar tissue, 
more scar tissue to fight off the infection. 
The amount of scar tissue that is thrown out

175 is in direct proportion to thd threatening in­
fection, or you have a form of scar tissue 
which is a form of repair process and in ad­
dition to that you have scar tissue that is 
nature’s attempt to localize or fight off the 
infection, which was obvious in this case.

Q. How is this scar tissue displaced in the



43 -

brain? What, if any, damages is caused in 
the brain processes by this displaced scar 
tissue?

A. Well, nerve never regenerates itself. 
Scar tissue is a permanent thing, very simi­
lar to what you might have from a scar on 
your hand. However, in brain tissue nerve 
tissue has not the ability to regenerate, so 
the scar is permanent.

Q. Does it interfere with the nerve cen­
ters?

A. Conduction of nerves.
Approximately eighteen months after the 

injury, I made other X -ray plates of the 
plaintiff. X -ray plates shown me, marked

176 Plaintiff’s Exhibits 2, 3, 4, and 5 for identi­
fication are the X -ray plates that I made of 
the plaintiff and correctly portray that part 
of the anatomy of the plaintiff which they pur-

178 port to show. Documents marked Plaintiff's 
Exhibits 2, 3, 4, and 5 for identification of­
fered and received without objection as Plain­
tiff's exhibits 2, 3, 4, and 5. Exhibit No. 3

179 represents an anterior-posterior view, or 
view directly in front of the patient, of the 
entire skull, and including the sinuses and 
including the mandible and the cervicle spine. 
This film shows the whole depressed frag­
ment of bone as well as the inner and outer 
table and the depressed skull fracture of the

180 inner and outer table but also an area of lo­
calized scar tissue. Exhibit No. 4 is a side 
view that shows the extent of the area which 
is depressed and is about a circular area of



44

an inch and a quarter. This view also shows 
the comminution. These films were taken 
May 4, 195} • so that the area of healing could 
be outlined, and an overall area of sclerotic

181 bone shown. Exhibit No. 2 is a lateral view 
which even from the other side of the skull, 
shows the hole in the head, the healed area 
with extra bone and extra scar tissue. I am 
familiar with the fair and reasonable charges 
that prevailed in the City of Chicago in the 
medical profession during the time of my 
treatment of the plaintiff in this case. A fair 
and reasonable charge for the services ren-

182 dered plaintiff is Three Hundred Fifty Dol­
lars and that is the amount charged the plain­
tiff.

182-186 (At this point Mr. McCoy formulated and 
directed to the witness a hypothetical ques­
tion based on the facts in evidence in this 
case. Question objected to on ground that the 
reference in the question to the speech im­
pediment was not in evidence; objection over-

187 ruled.) In my opinion there is a causal con­
nection between the blow received and the ill 
being described in the hypothetical case. In

188 my opinion the condition described, in the hy­
pothetical case is permanent. I still have the 
plaintiff under observation to make sure that 
local brain pressure does not give him other 
complications like convulsions.

Cross Examination by Mr. Hartigan

189 I last examined the plaintiff about five min­
utes before we started. Prior to that my last



45

examination was last week. Before that, I 
last examined him three weeks previously. 
The X-rays were taken May 4, 1951.

(Plaintiff rests)
(Which was all the testimony offered in this 

cause)
192 Affidavit of Alma G. Parker, a court re­

porter, that she reported the testimony and 
proceedings in shorthand at the trial of this 
cause, and that the foregoing is a true and 
correct transcript of her shorthand notes so 
taken and contains all the testimony taken at 
said trial.

MOTION FOR DIRECTED VERDICT
193 And thereupon, the defendant, by its attor­

neys, at the close of all the evidence in the 
case, presented to the Court its motion in 
writing and instruction in writing for directed 
verdict in favor of the defendant, in words and 
figures following, to-wit (omitting caption and 
title of Court clause):

And now comes the defendant, City of Chi­
cago, by John J. Mortimer, its attorney, at 
the close of all the evidence for the plaintiff 
and move the Court to exclude from the jury 
all the evidence offered and received on the 
part and behalf of said plaintiff, and to give 
to said jury the following instruction, viz: 

The Court instructs the jury to find the 
defendant, City of Chicago, not guilty.

Attorney for defendant 
City of Chicago.

(Motion sustained and granted).



46

194

195

(Instruction)
The Court instructs the jury to find the 
defendant, City of Chicago, not guilty, 

(Given)
And which said motion was by the Court 

then and there sustained and granted and the 
Court then and there gave the said instruction.

And thereupon, afterwards, to wit: on the 
24th day of April, 1953, the jury returned a 
verdict in this cause finding the defendant, 
City of Chicago, not guilty.

And afterwards, and within ten days after 
return of said verdict, as aforesaid, to-wit: 
on the 30th day of April, 1953, the plaintiff, 
by his attorney, filed in said cause his motion 
for a new trial in this cause, in words and 
figures following, to-wit:

State Of Illinois )
) SS:

County Of Cook )

In The Circuit Court Of Cook County

Wilbert K. Slaton,
Plaintiff,

-v s -
City Of Chicago, a 
Municipal Corporation, ) 

Defendant. ) 
MOTION FOR NEW TRIAL,

)
)
) No. 48 C 8797 
)

Now comes Wilbert K. Slaton, plaintiff in 
the above entitled cause, by his attorney, 
Fleetwood M. McCoy, and moves that the



47 -

directed verdict by the jury in said cause be 
set aside and that the judgment heretofore en­
tered on said verdict be vacated and set aside 
and that a new trial be granted to the plaintiff, 
and for reasons of said motion states the fol­
lowing:

1. The verdict is clearly and palpably 
against the weight of the evidence.

2. The directed verdict is contrary to law.
3. The directed verdict is contrary to the 

law and the evidence.
4. The Court erred in refusing to admit 

proper and legal evidence offered on behalf 
of the plaintiff.

5. The Court erred in giving to the jury 
improper instruction on behalf of the defend­
ant.

6. There is no sufficient or substantial 
evidence tending to support the verdict of the 
jury.

7. The Court erred in refusing to require 
defendant to move forward with its evidence, 
if any, at the close of the plaintiff's case.

8. The Court erred in refusing to submit 
the case to the jury for its consideration at 
the close of the plaintiff's evidence.

9. The Court erred in refusing to give to 
the jury proper instructions submitted by the 
plaintiff.

/  s /  Fleetwood M. McCoy 
Attorney for Plaintiff

197 And afterwards, to-wit: on the 11th day of 
November, 1953, the Court having considered 
the said motion of the plaintiff for a new trial.



48

said motion was in all things by the Court 
overruled and denied.

198 Forasmuch as the matters and things here­
inabove set forth do not otherwise appear of 
record, the defendant herein tenders this, a 
full, true and complete Report of all Proceed­
ings had and all evidence offered, taken and 
admitted, and all rulings thereon in the above- 
entitled cause, and asks that the same be cer­
tified, signed, sealed and filed and made a 
part of the record herein.

The undersigned, trial judge in the above- 
entitled cause, hereby certifies that the above 
and foregoing Report of Proceedings is a full, 
true and complete report of all proceedings 
had and all evidence offered, taken and ad­
mitted and all rulings thereon made in the 
above entitled cause and is a correct report 
of all proceedings had in the above entitled 
cause, and is accordingly signed, sealed and 
made a part of the record in the above en­
titled cause and ordered filed on this 19th 
day of February, 1954.

John T. Dempsey (Seal) 
Trial Judge

200 Certificate of Clerk to transcript of record, 
per praecipe.

Dated the 25th day of February, 1954, and 
signed by the Clerk, under seal of the Court.

Fleetwood M. McCoy, and, 
Moore, Ming & Leighton, 
Attorneys for Appellant. 

Fleetwood M. McCoy,
William R. Ming, Jr.,
George N. Leighton, and 
Walter K. Black,

Of Counsel*



i s