The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-08-10
PLAINTIFF LOST HIS CASE.
JURY DID NOT SWALLOW TALE
TOLD ny NICK ACkRIGHT.

WIN ANAANANHEtIs
Claimed That He Hnd Been Injured
by Gross Tie, Which Was Thrown
Against His Left Knee while He
Was in the Service OF the =. II.
w. Railway, and Wanted $1,000
D"m"SeS-The Company Denied
That the Injury Had Been RecciY-
ed in the Manner Testified to by
the Plaintiff and Introduced Evil
dence That satisfied the Jury.
The case Of Nicholas Ackright. by his
next friend, Thomas Ac6right. against
the Savannah, Florida and Western Rail-
way, was on trial in the city Court yes
terday. The case was for 5000 damages
for personal injuries alleged to have been
inflicted upon the plainun by the railway
company. There was a verdict for The
defendant
The plaintiff testified that on Dec. 49,
1898, while employed as a section hand
by the company. he was engaged with
two other workmen in distributing cross
ties along the line of the company's track
IN the vicinity of the 7-mile post. He.
with u man named Willie Green. was re-
ceiving the ties as they were unloadea
from the hand car, while a third member
Of the gang threw them of. Acltrirht
said that he complained to this man who
was unloading the car that the Ties were
coming too fast, but without stopping the
constant flow of the heavy beams. FL
nally one of them struck him on the LEFT
knee, lnfiictng a serious wound. which
panied him severely at the time of the ac-
cident, and that has permanently disabled
him
DR. J.. d. Prosser testified In behalf Of
the plaintiff that he had examined the
wound and that it would render Albright
a grippe for LIFE, that from the nature of
the injuries received there was no chance
of complete and but sliaht chance Of n
more than very partial recovery II was
SHOWN ana admitted by the defendant.
tnat Albright had spent some months in
tne general hospital of the company at
"eycross, where he had been under treat
ineht TOT a wounded knee. and that he was
N.SVlui yea iast ApriL This completed the
opening evidence for the p.ainuT
Ihen began the Introduction of the evi
dence for the company, that completely
shattered and demolished the plainfIff's
case ana lett II neither leg nor any other
substitute upon which TO stand II WINS
proved to the satisfaction of the Jury than
tne cIalm Tor injuries received in The eerv-
ICE oI tHe company was groundless More
IMAM half a dozen reputable witnesses
sWpre to the truth of facts that lSnoclsal
'nT props from under Ackr' ghrs story.
ne evidence of three Of the physicians
pr King WYiy Of Savannah. ana DIR
! etty and DR. Sprast of Waycroes. who
had attended the man before ana after he
was sent to the hospital, was to the effect
mat the nature of the wound they had
treated was conclusive proof that II had
heen received at least two or three weeks
beIore Ackright now claims was the case
The scar that had formed over the wound
iis then sGb-acute or chronic condition ana
other facts and circumstances. demon
slrated to their professional minds that II
was not recent injury. Moreover. tbev
testified that Ackright had told two or
mem thal the wound was received on Nov
10 and one Of them that
it had been received on oct. 10
To these facts they testified absolutely.
Then came another element of the case
made out by the defendant. T. c. WI
mans, section master in charge OF the
gang in which Albright worked swore
the alleged accident had never occurred d.
dewitt Bruen agent OF the company at
Burroughs, where the boy and his father
live, j. G. Legre, a respectable negro resi-
dent and Justice of the peace Of the same
place, and several others swore that dur
ing the latter part of November or the
early part cf December OF last year. they
had been told that Albright was sick In
his fathers house and that they had
visited him there at various times They
had found him suffering with a wounded
knee and he had told them that he had
met a party Of tramps on his way from
Savannah TO Burroughs. been set upon
and beaten and that the injury to his
knee was the result The evidence of these
Witnesses agreed perfectly and could be
as little shaken as that of the physicians
Willie Green, one Of he negroes who
Ackright said were with him at the time
1f The alleged accident swore that no such
accident had ever occurred in his presence
Mr. w. M. Hayward read a statement that
Green he'd made to him in his Office In !
which he described the accident as The |
plaintiff described il and which was signed |
with his mark. While the negro would |
rot absolutely deny that he had made the |
statement or that be had affixed his mark |
20 it, he yet said that II was not true.
He Is an illiterate negro Of almost incred-
bic stupidity, and but little could be got |
>ut Of him in one way or the other
In rebuual Mr. Hayward offered the tes- |
imony of the plaintiff and his father. VINO |
lenied between them all Of The evidence % |
he defendants witnesses. Capt Clark. |
Mr.. Heyward's law partner. testified that |
Green mad made to him the same state |
rent of the alleged accident that was con-
aimed in the written statement that had |
)cen read to the negro in his cross exam
nation.
Mr. Hayward argued the case to the jury |
briefly, while Mr.. Clay who conducted |
he case for the company made no argu-
nent al all. The charge of the court was
model Of breWty and the time devoted |
~ the jury to the consideration Of the |
aw and evidence shorter still In q few
moments more time than Is required 10
get from the court room to the jury room
md back, they brought in verdict for
he defendant. Under the weight OF the
evidence. there could scarcely have been
my hesitation on their part and evidently
here was none.
MAY MEAN a GREAT RATE WAR.
iuIf Competition Promises to In