The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-05-16
NEW s.
FRIDAY, MAY 16, 1879.
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Frdn tie atlantic 1lohth,y for 1iay. i II
MI RAILROAD FIGHT IL AND GUT
OF COURT.

4 EIoAl1Te-1S <AtAssHeto 1AVtar1i4 ~ ELL
MI RAILROAD FIGHT is AND 6U1
OF COURT. -
In the Atlantic Monthly for De
cember last, / told the story OF
@The Fight ora Man with noRail'
road" and related how, while tray
cling on the New York and New
Haven railroad, from New York
TO New Haven, I rendered in pay
ment for my passage a coupon.
ticket masked, "Good from New
Haven to New York." and was
dragged from the train because
refused to pay my fare in any 9TH
er form, and subjected to severe
bodily injuries. The facts Of this
case are SO familiar to the public
that they need not be reeapitulat-
ed here. The sequel OF the con-
tesla. suit for damages which,
after four trials, resulted in a YER
diet Of So, 500 in my favor-is also
we'll known. But some interest
ing and characteristic facts of the
legal struggle still remain TO be
told; and BY way of preface, it
shouId be stated that rmy suit
against the New York and New
Haven railroad company was an
action for damages for physical
injuries sustained by me at the
hands of its employees; not for
its refusal to receive the ticket
which ! offered, and which claim
cd was q legal and sufficient ten
oer. 1 believed, and still believe,
that if l pay for seventy -four miles
of transportation on n railroad, L
amLentitled to such transportation
on presentation of the evidence OF
my payment in the form of tick
ct, ut whichever end of the route
claim my due But the basis of
my suit was not the denial of my
rights as q traveller. j sued the
New York and New Haven rail
road company, demanding dam
ages for its wrongful act in beat
ing and manning me-for an as
sault, in fact. brought the suit
in Massachusetts, court, first,
because the SUPPLEMENTARY of Jthe
New York and New Haven rail
road had said that, if ! wished to
test the case, che would give me
all the law l wanted, and would
show me that the laws in Connect
lieut. were different from sthOse
where 1 came from )" secondly, be-
cause most of the witnesses on my
side we're residents of Boston and
vicinity, and could attend court in
that city without much inconven
fence; and thirdly, because l be-
hevcd that the Massachusetts,
courts represented the highest type
of judicial purity.
On the day of the first trial, l
entered the court room laboring
under the agitation natural to the
novice in legal contests, and worn
with the labors of preparation.
When the examination of witness
es was begun, / was first called to
the stand. / was required, as is
the custom, in direct examination,
to tell who was, where lived,
what my business was; and, these
preliminary questions having been
answered, TO give full history of
the collision between myself and
the railroad authorities. What
was said and what was done l was
permitted to tell, under constant
interruptions from the counsel for
the railroad, with, "Your Honor, !
objectp' and thanks to these in
terruptions, and to the slow pen
Of the judge, which Jagged in
note taking, and had to be waited
for, / gave, instead of the concise,
straightforward, and symmetrical
account which l intended to give,
confused and piece-meal sketches,
which did no justice to my case
before the jury. l was wholly I'M
able to show the animus of my an
tagonlsts-the contemptuous in
science which characterized their
treatment of me in the earliest
stages OF the affair, and the reck-
less brutality which marked its
catastrophe. i was allowed to tell
the jury that was elected from
the train and received bodily
harm the law recognizes the fact
of an election; but it ignores the
fact that the victim has senses,
affections, passions" and that the
insult was put upon him in the
presence of a car full of ladies
and gentlemen. The hasty retro
spect of my evidence which l in
voluntarily made gave me no cour-
age for the next and severer Or
deal-the cross-eXamination. The
first questions of the counsel for
the corporation were gentle, sooth-
ing, and seductive; but, finding
that / refused the hidden pitfalls
into which he would afain lead me,
he changed his method, and strove
TO make me exhibit myself as a
common travelling agent" who
had deliberately plottedto swindle
the railroad company by trumping
mp q claim tor damages for n pre-
tended injury. He Intercepted
me as to the particulars of my
physical discomforts; on what
days did 1 suffer pain from my in
jury? at what hours of the day?
Did the weather affect my state OF
health? Then he required me to
consider what Il mean, contempt
/ BILE fellow l was, to try to save two
dollars and quarter by using an
old ticket. Then he demanded to
know why need l be such 4
trough" and get into that dis
graceful quarrel, disturbing the
other passengers, assaulting the
railroad officials and making them
leave their business and come al
the way, to Boston, when l might
have paid my fare, and everything
would have been smooth?
On another trial the lawyer who
conducted the case in behalf o
the railroad company thundereC
out this command: Now, sir
look upon the jury and tell then
why you broke the rules of tina
road-why you attempted to u.s.
that ticket! y man of your ag
and your experience in travelin:
must have known better. Wha
made you think you could do it?
A hush followed this indignan
, outburst. Every eye in the court
room was fixed upon me; the spec
tators Strengthened themselves i
their seats to listen; the reporter
lifted their heads, and fingere
their pencils nervously; the Law
yers within the bar winked at eac