The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-02-01
THE COURT

Court.
Another day was consumed yesterday
in the superior court in the trial of the
action brought by Mr.. Hiram Moore
against the Wilmington Seacoats Rail-
road Company, a suit for $40, 900 dam
ages.
When court convened the defense re-
stunned introducing testimony. Sol
Stanly,. colored, was the first witness
ito take the stand, and he testified to
going out on a hand car on the trestle
and conveying MIR. Moore, Who was
hurt at the time, to Wrightsville.
Bragg McLaurin, colored, one of the
parties who went to Mr.. Moore's rescue
gave in testimony corroborating the
witness Stanly.
Next, c~onsecutively, Messrs. L. L.
Pritchard, r. w. Hicks, J.. w. Taylor,
W. A. Sanders, w. F.. Robertson and
Colonel Walker Taylor were sworn and
placed before THE court testimony about
the construction of the treStle in ques-
tion. Their evidence showed that the
crosscies Of the trestle extend sew
eral feet ON each side beyond the out
sic of the rails, and that amy person
could sit upon the end of one of the
ties and would be in no danger of being
a. train.
Captain r. O.. Grant, superintendent
of THE company, upon being examined
testified also to the construction of the
trestle and the road in general.
DR.. "A. H. Haruiss, who attended Mr..
Moore when he was hurt and for some
length of time afterwards, testified as
ito the injuries the plaintiff sustained
and the different locations of the inju-
ries.
Captain Joe Lippitt, who was the
conductor on board the train that is al
legged knocked Mr.. Moore off the
THAI his train that day met with or
caused no accident that day, to his
knowledge,
Mr.. William Joyner, engineer Of the
same train, and Ed. James, colored,
fireman, testified in substance about
what Captain Lippett stated. They
also set forth that they kept q, look out
going over the ~trestle, as they usually
did, and saw mo signs of a man on the
track or no accident Of any kind.
With the testimony of the witness
their case.
Counsel for the plaintiff then recalled
MIR. Moore to THE witness stand and
several questions, which the court
ruled had been answered before by the
Witness Were asked him..
Then perhaps the most interesting
scen at m stage i'm the trial so far
took place. Mn. Bethany, one of the
counsel for THE pla intiff, requested Mr.
Moore ito bear his left arm and show
the jury a scar which remains as a
result of the accident.
MIR. Moor did as requested and two
NA SNNS OAA oAS NsN1ANS VI NAAS OA AL
in close contact with each other, but
ONE smaller than THE other, were re-
vealed.
AL the counsel and likewise jury
made a critical inspection of the scars.
The witness was then urne over for
cross examination.
MIR. Moore" said Mr.. R~ountree,
'thave ron ever been vaccinated?'
Never i'm my life as I know of" was
tine response of the witness.
DR.. A. H. Harriss was sent for and
when he arrived he was requested by
counsel for the defense ito examine
the scars upon rthe arm of Mr.. Moore.
This DIR. HarTiss did, and upon being
placed upol the stand swtore positively
that h larger OF THE two scars was
tine result Of vaccination and that the
other sca somewhat resembqed a scar
made by vaccination He also testified
THAT neither of THE scars were on d.
arm of Mr.. Moore when he attended
him, although az a result Of THE acci-
DENT there was at that time an abra-
sion of the skin under the arm.
AT h request OF counsel for the de-
fense DIR. Geo. G. Thomas examined
Mr.. Moorels arm and gave it as his
opinion, not as a SWORN statement,
THE large scar was the result of
vaccination.
Upon cross examination DR.. Thomas
said that he would not swear that the
large scar was caused by vaccination
but it had the appearance of a result
OF an. operation of that kind. The
mail e he said could have been
caused from a number of thsngs.
Here the defense closed ats case.
When counsel representing both