Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1872-12-19

md in my judgment this gentleman
position is correct. If he brings it b
IN issue / think he will beat you, but
f you think he is not correct, but try
ng to evade his fare, the proper way
TO telegraph to New Haven and have
q policeman come aboard and quietly |
arrest him; that is business-like; but |
don't take the law into your own HANDS |
and throw him off the train, for that
not done nowadays upon any respects
BILE railroad" l said, Certainly, will
submit to a policeman. bu. will not
betbrown'of by him." 4 The conductor
sneeringly, replied eve don't do bui-
ness in that..styie Oh this road" l said,
81 have been aware of that for ten
years past; and / propose to see if you
cannot be compelled to do business in
that style upon this road" He said We
were all against him, and he would
leave it to the Superintendent. l paid
no further attention to the conductor,
but commenced reading. Very soon
some one shouted, "They are coming
for YOU" The conductor came in at the
head Of five or six rough brakemen
and baggage men, and said, pointing to
me, "Ehis is the man; pull him out
and put him on the platform. They
seized my coat and tried to roll me out
of the seat. My coat tore, and they did
not move me. This seemed to enrage
them, and they sprang upon me like SO
many tigers. Two of them seized me
by the legs, and, as many as could, got
back of my seat and seized me by the
shoulders and commenced violently
wrenching me from the seat. l in
stinctively grasped the arms of the seat
and they took the cushion and frame
UP with me. When they got me into
the aisle, and had me completely at
their mercy, three heavy blows with the
clenched fist were struck upon the back
of my head. Every individual in the
car jumped to his feet the instant the
blows were struck. The ladies screamed,
and one of the gentlemen rushed to
stop the conductor and his roughs from
striking me. Fearing for my life, l
struck one of the rufians under the
chin, and planted blow square in the
face of another. We had hard strug-
gle until they overpowered me. They
carried me horizontally until they
reached the car door, when they drop
ped my feet a little to pass throug
singly. ] struck another away from me,
and he went over between the cars.
They fercely grasped me again and
threw me broadsiae from the platform
of the car down upon the platform OF
the depot. l struck heavily on my
side, my whole length. In this strug.
gle they tore the flesh from my arms
and legs, and they ruptured me for life
The passengers swarmed ont of the cars
and gave me their addresses. The
Superintendent came up, and l told
him would give him dose of com.
mon law, and see if l could not teach
him something. He said he would give
me all the law wanted, if wished tc
Test the case. l then ran and jumped
on the train when it was in motion
The Superintendent, his son, and an
other man, ran after and seizad me
around the body, stripped me off the
car, and held me by main strength until
the train was clear of the depot. AS
soon as they released me, drew my
through ticket from my pocket, and
asked them why they held me. The
dIICo DIS bHOu&n udU
struck him, and said, "Why did you
not show that ticket before, sir?"
said, because it is not customary to
show tickets in getting on at way sta
tions, and you did not give me g
chance" He said, eff you had been g
gentleman, you would have shown thai
ticket" | replied, II do not ask youl
opinion as to who is gentleman, fol
you are no judge" He said. "Yeu tried
to steal your ride to New Haven ano
sell your ticket; and now we will give
you all the law you want; and wei
show you that the laws in Connection
are different from where you came
from" | took that for granted, anc
returned to New York. When
reached Boston again l attached the
New York and Boston express train
partly owned by the New Haven road
in the Boston and Albany depo5, ane
brought suit against them in the Supe
rior Court of Massachusetts for $4,000
damages. The first trial of the cast
occurred in April, 1869. The judg,
charged directly againstpassengersu por
every point. He ruled that the sicke
was contract: that the road had arigh
to make any rule it pleased for its OWL
government, and if a passenger broke 6
rule he was trespasser, and being ;
trespasser the road had the same high
t. eject him from its cars that one o
the jurymen had to eject man from
his private house if he did not wan
him there. The only question for Ia
jury to consider was whether an exces
of violence had been used by the roat
in the maintenance of a right. Ia
jury, after being out only one. hour
awarded me $500 damages. Tn
judge, at the request of the road, ate
several weeks delay, set the verdic
aside on the exclusive ground that tn
amount was excessive. The secou,
trial occurred in the same court in jar
uary, 1870, and resulted in disagree
ment of the jury. They stood eleven t
one for me, and it was afterward under
stood that the man VINO disagreed ha
been connected in some capacity wit
the road. The third trial took place i
May. 1870, and resulted in an award {
$3,450 damages. Again the road d.
manded new trial, which the .iude
refused to grant. The road then al
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