The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-05-16

stand, 1neY -.c0ulQn exactly re
member the Details" Such is tbs
effect of lunch.
i The conductor told a plausible
story, modelled carefully on M
own statement, but differing in
certain points that could be turned
against me. It will be remember.
ed that he told me in the cars thai
the directors had made q s.rule
forbidding him to take tickets back
ward. On cross examinatioB, my
counsel asked him where he was
accustomed to return tickets to the
company. lie attempted to evade
the question again and again, but
finally answered. with painful re-
Iucfance, " In New York. 1t was
further extorted from him that the
tickets were turned in at New York
| whether taken in going to or from
thar city; that IL made no Differences
which aray f1y cstpon acos Wsed and,
| finally, that the directors OF the
road never had given him Gas
he asserted 10 mel a rule against
| taking coupons " back wards" but
that the superintendent had verabl-
| ly ordered him not to take them,
1 TtAkGO cars DCAOAU AA40
superintendent, who with mis- son,
| wrenched me from the Stamford
train when attempted to re-enter
it after my election, was obliged to
swear that il was the exclusive
| right of the directors to make
"rnIes," and, further, that they had
never made a ..rule" touching the
ticket question I; he himself having
verbally Instructed conductors not
to take tickets backward" which
he had no shadow of authority to
do. Thus it seems that the "rule !"
for the violation of which had
been mildly rebnked by the servants
of the railroads. violation which
was the soul of the defence, it's
single excuse and answer to my
allegations-lcdS not Il rule az all,
but mere cerbdl order gire4 by an
unauthorized person. Yet, in the
face of the declaration, by one of
the highest officers of the road, that
there was no ''rule," the judge
charged the jury that ''rule" had
been broken, that l was trespass-
er and that the railroad company
bad right to eject me from the
train, employing the necessary force
and no more! Such charge con-
Germs eN erv person in the communi-
ty for 1t seems that any of us, for
diSoGedtence to a n0n-eristeHt rule,
may be brutality dragged from a
railway-car, and, seeking redress,
shall be informed by the court that
the railroad company is RESPONSE
BILE only for '!eXcess of violence.
The examination of the superln
tendent having been concluded, the
counsel for the railroad stated te the
court that the victim of Mr.. Cole
mans carniVorous ferocity had
been discharged from the road i'm.
mediately after his misfortune; that
diIigent search had been made for
him, but in vain. By one of those
dramatic felicities,so frequent in fic-
ton and so rare in real life, at this
juncture telegram was brought in
announcing that the bitten man had
been found, and would arrive on
the train due in ten minutes. The
Judge granted the delay asked for,
and the spectators Frightened up IN
anticipation of new and measure
bly, tragic revelations. The delay
was brief. In few minutes the
door OF the court house was thrust
open, and in rushed the witness,
breathless with haste. A brisk,
bronzed PERSON he was, self-contain-
ed and self-satisfied, with lOcomot-
i've gait, and habit of gesture sug-
gestive of brake-rodS. He mounted
the witness-stand, was sworn, and
delivered his direct testimony with
easy indifference, coupling his SEN
fences as he would couple cars, with
a jerk. This is his story in brief:
tine conductor en- out the earn
said, 'S'man in there want ye
t'take OUT Went in the car, and
said That's tn man: put i'm outn
ies' took i'm up and carried him
through the car ont on L tn plat
form tn depot, an took m set i'm
down, an never hurt him q mite"
Ibid Mr.. Coleman bite you 2" in
quired the council for the railroad.
Eyes, sir" "Did he bite you on the
armf z" ayes, sir" The lawyer
asked him no more questions, evil
IDENTIFY satisfied with the effect of
his evidence thus far, and possibly
remembering that, unlike the other
witnesses for the road, he had not
enjoyed the benefit of lunch. Re-
mitted to my council for cross ex-
animation, the witness. well pleased
with his success, and confident in
his own powers, met the inquisitor-
ial onset with calm dignity.
"Mr. Witness" said the lawyer,
s'you were in the car ON the day
when Mr.. Coleman was taken out,
were you?" Eyes. sir; / took him
out myself" sAh, you assisted the
men to take him out, did you 2"
'No, sir; didn't have no men; took
him out myself" ''Oh,you look him
out alone, them" YES, sir; took
him ont alone" "You swear to
:hat 2" "Yes SiT., s,cear TO At No
body helped you?" "No, took him
fout myself" swell, sir" pursued
the lawyer, "you must be a Stout
fellow, to handle man like that.
Won't you please describe to us
just how you took him out. :
"WelI, jes' went up to tn man
reached one arm round his neck, so
fashion, had his head right up here
on my arm, N Lies took i'm right
through the car out on t'platform of
tn depot, an set i'm down and never
hurt i'm a mite"
Every face was intent upon the
witness and not a sound was heard
save his voice, though there were
premonitory symptoms of laughter,
| With a suavity delightful 10 see, the
lawyer said, while he scanned the
compact frame of the witness,
"Why, you must be a powerful fell
low :" Yes, sil'; I'm big enough
for him. ''Well, now, Will you be
kind enough to tell the jury, did Mr..
Coleman strike anybody 2" ''No,
sir; didn't give i'm no chance;
had i'm. "You swear to that
positively 2" ayes, SIR" A look oi
dismay aud disgust settled upon
the faces of the earlier witnesses for
the road, who had graphically and
infinitely described my violent re.
sistance, my kicks and blows. The
spectators giggled. and even the
tndge relaxed the solemnity of hi;
visage. "Did anybody strike Mr.
Coiman ?" continued the lawyer.
"-No, sir had i'm an didn't give EN-
no chance" "You swear to that
too?" Eyes, sir" "Weli, Mr.. Wit.
ness, when you had Mr.. Coleman'i
head upon your arm, as you de
scribe, ! suppose you had his face
turned little toward your breast 2
The witness, eagerly following thil
description of the situation and thu
gestures which illustrated it, his
race now flushed and beaded witt
perspiratiOn (for the work wa
harder than he had thought IN
nodded assent. ''Mr. Coleman
mouth, then, would come abou
there 2" inquired the lawyer, point
|, ing to the inside of the arm, next &
I the body. +" Yes, sir; that's just th
l place where he bit me-" HYol
: swear to that positively "Ycs
\ sir, positively" All the witnesse
for the road, except the Conductor