The San Francisco call., 1896-04-18

mento, his trying to sleep in the statlon,
being put out and walking four blocks
carrying his baggage-all as being done
merely to enhance his premecitated plan
to sue for damages.
He told the conductor on the train
that he had but $S or $40, enough to buy
his meals and land him in Sioux City, and
yet when he arrived in this City he had
money enough to stop three days at the
Palace Hotel and then buy new
ticket to Sioux City. On the train orig
inally he was so economical that he took
the day coach, his satchel under the
seat, no money for sleepers and scarcely
enough to buy meals on his way. During
this whole time, in his interview with Mr..
Ross in the railroad Office, or with any
other person, so far as we can learn,
he did not say to any one that he had
been treated in the brutal fashion he
has described. He did not consult
a doctor nor did he so much as buy dose
of medicine. When he got home he says
he went under medical treatment within
a few days and so remained under treat
ment for two or three months. That was
his story. We would not have known any
thing to the contrary except for his part
ner, my little friend from Cape Cod. Now,
Mr.. DeImas and l do not agree often, as
have said, but if there is before this bar or
any bar lawyer who will not allow his
client to tell lie on the stand if he knows
it, or who will not lead him into error,
that man sits there" tpointing to Mr.. Del
mas). "But the testimony of this little
Goldfish hunting man from Massachusetts,
lets US know through my cross-examina-
ton how instead of being confined
to sea for months he was instead
fitting like a bird from place to place, or
fitting like a bat as you please, from
Sioux City to Boston, to Cincinnati and
back across the continent to San Fran
cisco to anchor here and file a claim for
SO, 900 damages. While here he has lived,
practically lived, in that sink of iniquity,
the Midway Plaisance, walking the streets
in the early morning hours with the
creatures who serve beer there. We have
not brought all this into view because we
delight TO riot in the misshapen character
of this plaintiff, but because he has pre-
sented himself here under mask"
SIightiug reference was made to the
marriage contract of the plaintiff.
"Now, gentlemen. this case has attracted
an amount of attention entirely surprising
TO me. 1t is an ordinary case This throng
that comes here to witness the contest
between Mr.. DeImas and myself you have
nothing to do with. You will take the
evidence into the jury-room, where there
is no crowd to laugh or applaud, and rem
der your Judgment upon it. l have been
charged with sneering at this claim of
S75, 900. 1 do not know that / have done
T fo- p,,+
l have seen cases brought for $4,000 and
quietly settled for $50. No one expects to
get what they ask for. ask you to render
judgment upon the evidence alone, and SO
leave it with YOU"
After another interval of five minutes
Mr.. Delmas began.
I'm the course of his argument the
learned counsel has seen fit to refer to the
m arked interest that this case has awak-
en- ed in the public mind; the space given
to 1T in our public journals" he said.
THE cause, gentlemen of the Jury, is not
far to seek. This matter appeals to every
one. 1t is of chief moment to this
plaintiff, to be sure, but every man has a
personal interest in it. 1t is something
to know if, when a man purchases rail-
way ticket, leaves his home with certain
pIa ms, and, taking with him money enough
for h is purpose, that he is subject to the
whims of the agents of the railroad lines
over which he is to travel; that he may be
set down at some way station, 1000 miles
from his home, in the nighttime, and
when he is sick and without friends or ac-
quaintances. Every man who would travel
has an interest in this. 1t is such methods
as this that readily accounts for the un-
popularity of this great railroad corpora
ii on. A corporation that YIELDS the States
together east and west and widens the
horizon, and conduces to the spread of
Hberty-or should conduce to it-should
be among the most popular institutions of
the country. But it has subverted its
great power until it threatens to under
mine the very Government, and men come
here trembling for fear of incurring its dis
pleasure.
IN ow l want you to look over this
proposition set up here by this corpora
tion. This plaintiff is charged with hav-
ing a game all through to fleece the
Southern Pacific Company. 1t is set up
as his first and most conspicuous move in
the game that he started East without a
sleeper. One of the witnesses here, a
reputable business man of this City, was
going East in exactly the same manner.
So the force OF that is lost. Now let me
tell you what the game was. We were
told that Martins ticket was 'bulletined,
as they call it in railroad circles An
agent of the railroad company seems to
have found place among the
ticket scalpers-possibly at Ottengers
When Martin called there he was
interviewed as to his ticket, and it was
'bulletined' the company's agents were
warned, the number OF it was given to
them and they harassed this man all
along the line and finally put him off the
train near nightfall at a station where he
could get no funds nor medical assistance.
1--WE were told that we would have evi-
dence leading up to this bulletin, and
under that promise the counsel secured
ruling from his Honor. OF course the
counsel meant to do as he said, but we
did not get the evidence. Either it did
not come to hand or, coming, was of such
a nauseating character that his heart
failed him and he did not dare present it.
81 am free 10 admit that Martin is not
an angel. Thank God, there are others.
There are other men who are wholly
human. Martin is not of that pure and
ethereal character necessary to enter the
service of the Southern Pacific Railroad
Company. / have no doubt that all that
force from Hun tington down have incip-
lent wings growing under their coats.
Other men may lie, but they never do;
other men may cheat. but they never
do; other men may make false reports of
their affairs to the Assessor. but they