The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-03-18
THE cIRcu T COURT.
An Interesting Case Before
Judge Williams.

WYTHEvILLE, March, 17.-[Speciall-
Inc circuit court has been in session
for the past ten days, Judge Sam
Williams, of Wythevilla recently made
Judge in place of Judge Bolen, of Car.
roll, who resigned, presiding. So far,
Judge Williams has made q most favora.
Die Impression on the bar and the
public generally. He is energetic.
pat:ent, hrm, honest and courteous, and
Will, no doubt, adorn the honorable
position he occupies.
very interesting case has occupied
the time of the court since Monday
morning and recent developments bid
lalr TO make 1T noted and exciting case
as well. 1t is the case of Albert Carrico
VS.. Tho Bertha Zinc Company, in which
ne sues for $50, 900 damages for injuries
occasioned to him by an explosion of
dynamite which he was thawing for
the company before an open fire. Carrico
was badly mutilated by the accident.
his eyes and logs being seriously in.
Jured and both arms blown off below tho
elbow
Voluminous dispositions have been
taken in the case during the last year
by both sides. Experts on explosives
at several naval stations, professors of
chemistry and others have testified as
TO the nature of dynamite, its liability
to explode when exposed to heat and
the risks to be run in thawing it. Con.
tractors and others who handy dyna-
mite have sworn as to their methods OF
thawing and tho danger of such methods
according to their experience. Indeed.
tho case has boon eXhaustiyely worked
up in all its phazes, with experienced
and able counsel for and against.
Inc attention of the court had been
occupied since Monday morning in pre-
!imlnary motions, exceptions to deposi.
LIONS ana similar diminishing, when q
new turn was this morning taken by
the defendant. which caused some az,
citement in the court and NAV If ad to
complications in the future. Tho
bertha Zinc and Mineral Company,
which, 1T seems. is a recent assignee Of
inc property, etc, Of the Bertha Zine
company, sued out AMI had served a
Dill Tor injunction in the United States
Court, restraining Albert Carrico and
his attorneys, Jas. A. Walker, M. M.
Caldwell and R. l.. Kirby, from prose-
cutting the cause of Carrico VS.. Bertha
Ilnc Company farther. The ATTORNEYS
Tor tho plaintiff refused to acknowledgo
the right of the United ;tates Court to
Interfere and went on 18th the trial.
Several attempts were mad by coun
sci for the defense to got these facts
before the State court, but the court
refused to entertain thom, to which
ruling the defendant, Bertha Zinc Com
pany, excepted, after which it, by it's
counsel, asked to formally Withdraw
from the case. The counsel for the
plaintiff asked that jury be- summoned,
when the defense asked that fifteen
minutes be granted them for consulta
ton.
The judge refused to grant timo for
consultation, but noting the hour ad-
lourned for dinner, notifying tho de-
tense that they must be ready for tho
afternoon term.
The Bertha Zinc Company is repre-
scented by Brown &. More, of Pulaski.
and Blair az Blair, of Wythcville.
After dinner the attorneys for the de-.
PENDANT ANNOUNCED that they would
defend tho case under protest The Jury
was impanelled, and the court pro.
ceeded with the examination of the
Witnesses