The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1872-12-20


if you think he is not correct, but try.
ing to evade his fare, the proper way is
to telegraph to New Haven and have
a 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 is
not done nowadays upon any respecta.
BILE railroad" | said, Certainly, | will
submit 10 a policeman, but will not
be thrown off by him." The conductor
sneeringly, replied "We don't 10 bust.
ness in that.style on this road" said,
81 have been aware of that for ten
years past; and | propose to see if you
cannet 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. 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, "Ihis 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. | 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 fest 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,
struck one of the ruffians under the
chin, and planted a 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 little to pass through
singly. ] struck another away from me,
and he went over between the cars.
They fiercely graspsd me again and
threw me broadside from the platform
of the car down upon the platform of
the depot. 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 out of the cars,
and gave me their addresses. The
Superintendent came up, and | told
him | would give him a 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 TO
test the case. | then ran and Jumped
on the train when it was in motion.
The Superintendent, his son, and an.
other man, ran after and seiz al 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
Superintendent started rs though had
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.
tons, and you did not give me
chance" He said, "If you had been a
gentleman, you would have shown that
ticket" | replied, ~ do not ask your
opinion as TO who is gentleman, for
you are no Judge" He said. "Y on tried
TO steal your ride to New Haven and
sell your ticket and now we will give
you all the law you want and we'll
show you that the laws in Connecticut
are different from where you came
from" | took that for granted, and
returned to New York. When |
reached Boston again attached the
New York and Boston express train,
partly owned by the New Haven road,
in the Boston and Albany depot. and
brought suit against them in the Supe-
rior Court of Massachusetts, for $4,000
damages. The first trial of the case
occurred in April, 1869. The Judge
charged directly against passengers upon
every point. He ruled that the ticket
was a contract; that the road had right
TO make any rule it pleased for its own
government, and if passenger broke a
rule he was a trespasser, and being n
trespasser the road had the same right
II eject him from its cars that one of
the jurymen had to eject man from
his private house if he did not want
him there. The only question for the
jury to consider was whether an excess
OF violence had been used by the road
in the maintenance of right. The
jury, after being out only one hour,
awarded me $500 damages. The
Judge, at the request of the road, after
several weeks delay, set the verdict
aside on the exclusive ground that the
amount was excessive. The second
trial occurred in the same court in Jan.
uary, 1870. and resulted in disagree
mcnt of the jury. They stood eleven to
one for me, and it was afterward under.
stood that the man vino disagreed had
been connected in some capacity with
the road. The third trial took place in
May 1870, and resulted in an award of
50, $50 damages. Again the road de- |
manded q new trial, which the Judge |
refused to grant. The road then ap-
pealed to the Supreme Court upon the
points of law. The Judge in charging
the jury had happened to say that if |
the resistance of the plaintiff to eject |
ment from the car consisted in simply |