The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-11
MISTRIAL WAS THE RESULT.
REMARK GF COUNSEL TOOK JET
PERSONS CASE FROM THE JURY.

In Concluding for the PIaintiR in
the City Court Damage Suit
Against the street Railway Com
pany, MIR. Richards Mentioned a
Fact Within His knOwIedge-It
Caused Counsel for the Defendant
TO Move for MfstrinI and Judge
Norwood Declared It-Nitnesses
for the Street Railway Were he
ing ROundly Observation-Disclosures
Will Bring His Action Again.
The damase suit of Benjamin L. Jeffer-
son against the Savannah, Thunderbolt
and Isle of Hope Railway that has been
spasmodically on trial in the City Court
since last Thursday, reached an unexpect-
ed end yesterday Afternoon, when a re-
mark made by Mr.. r. r. Richards Of
counsel for the plaintiff, induced Judge
Norwood to withdraw juror and declare
q mistrial
The trial was resumed yesterday morn
Ing by the Introduction of the evidence Of
two Witnesses for the company. These
witnesses live at Manassas and both of
them testified that Jefferson, the plaintiff,
was engaged in manual labor there, at the
present time. of a. character irreconcilable
with his statement on the stand that he
had almost completely lost the use of his
lett arm and could not raise it above his
shoulder. The. witnesses, however, We're
lot altogether Gear as TO details and did
TOt "a w daAp 81
The specific acts, said to have been done
by Jefferson, that did not accord with his
testimony as to his physical condition.
The opening argument for the plaintiff
was made by Mr. G. B. Whatley Mr..
"Aatey contended that The evidence
clearly showed that the accident in
Which Jefferson had received his injuries
mad been caused by the gross negligence
Of the motorman, Devllle and that jeff
Gson himself had been altogether with
oui blame. The testimony showed fur
lner Mr. Whatley commended, that the
palntns injuries were both serious and
permanent and he was entitled to recov-
u under the evidence, adequate dam
ages for the wrong and injury done him
through The fault and negligence of the
employees Of the company.
Inc argument for the defendant was
1due by Mr.. w. W. Osborne. II dis
discussed the question from two points
u view first that the plaintiffs injuries
hIe not serious and that he was suffer-
.Ns now, If he was suffering at all, from
purely imaginary complaint, and Sec
ohd' that he had contributed himself TO
ne injury and for this reason was not
c'It.d TO recover anything at all. On
WIS hne Mr. Osborne continued his argu-
"gnt Tor more than two hours.
Various of the defendants witnesses
nan testified during the course OF the
rearing hat jefferson had been doing
s"ce the accident work of a nature incon-
oiiS''gnt with his claim of permanent dis
~o''I'' Oh his left arm, and this po MT was
t.'Sesl by counsel. The expert witnesses
. n'l al said that they could find no phys
'oS' 'nolcation of the pain jefferson claim
eI 10 nave suffered and TO be suffering.
t"H Il was by a process of elimination that
W PnNslcidns had arrived at the conclu-
, mat their patient was afflicted with
'oieslhemia. They had first accepted
V'N'Ison statement that he was suffer-
e ,7 pain, and from this premise, failing to
, ,,''' any fracture or lesion to account for
w pam, had ascribed IL all 10 this new
1'I H,'i understood disease.
VII me subject of neuresthemia Mr.. Os-
"v found much room for merry
t'. humorous comment He repeated the
tlS''ilinony Of DR.. Van Marter TO the effect
it3'' neuresthemia was a disease but little
.'" or nderstood of the medical facul-
ana that the case of jefferson the ply
ca''a" had thought more adapted to the
, ''' Van Science treatment than to any he
.'' give IT, DIR. Van Marter had also
mat he had heard of cases Of this
gr1 ol nerve power, as neuresthemla. is de-
,,"'1' "hen caused in railway accidents
'ompletely cured by the recovery 81
0 ''-'s. The recovery OF damages and
w.. t''oVcry Of the patient, Or. Van Mar
o,,. n'd said were frequently almost or
41,.e simultaneous.
,b,t'H Mr. Richards began the con-
va't argument for the plaintiff. he
w. d but little time before pitching in
an, some Of the witnesses for. the defend
So or the motorman, Deville. ana
G,.ie ant Fleming, OF the police force he
tt,,. many a rod In pickle and. he used
f,.'.' Justify ana without mercy. lie CON
fb. l Tue appearance on the stand ana
de-. banner Of testifying OF some OF the
at, 't"hts witnesses with the appear-
h,5 ana manner OF the plalntiff. who
ans W. according 10 counsel, the truth
'P'1Ins but the truth about the ac-