The Savannah morning news., 1900-08-16
THE EVIDENCE WAS SPICY.
Trial of Damage Suit Brought Inter-
estanE Incidents.

estinE Incidents.
There were a few spectacular incidents
yesterday in the trial of the case of Mrs.
Elizabeth Evans against the Savannah.
Florida and Western Railway, which was
continued on trial before Judge Norwood
in the City Court
The introduction of evidence for the de-
PENDANT went on without cessation save
the interval for dinner, from O'Clock in
the morning until o'clock at night, and
at times, undoubtedly, it became exceed
ingly tiresome. The evidence given by
many of the witnesses went over the
same old ground, being designed to
strengthen, upon disputed points, the
contention of counsel for the defendant
that the preponderance of the evidence
was with him. While the purpose of the
Introduction of this evidence was thus
clear enough, II was nevertheless any
thing but entertaining or amusing Every
body got just the least bit tired
A negro preacher A. l.. Brunson, was
one of the Witnesses placed on the stand
In the afternoon. He had testified to
number of matters CONTESTED with the
homie de of he plaintiffs husband, by an
engine of the de- endant, and was turned
over to Judge Twiggs for examination.
Cours.l then proceeded TO ask him a
number Of questions relative to his ac-
ons after he left the scene of the acct
dent. 1t developed that B1unson had gone
10 his church and that he had there lis
tened to sermon preached by a visiting
member of the cob. There were some
further questions and answers along the
same line. Then the court interviewed
Judge said Judge Norwood to Judge
TwiSgs, ARE you particularly interested
in that sermon?"
why, no." was the response of counsel
well, neither am t. said the court
please be good enough to get on to some
thing connected with the case"
Further along in the session there was
another interesting incident. A. w. Davis
the manager of an ice plant in Lakeland
was on the stand and was being question
ed by Judge Twiggs with a view to his
impeachment.
Did you not tell Judge Tucker, in the
public square of Lakeland he was asked
that the railroad had offered you $50 and
free pass to come TO Savannah and
make the statement you have just made
to the jury"
Il did not was the emphatic answer of
the witness. 81 never made such a state
ment to Judge Tucker or anyone else"
May it Please the court" Mr.. CHS
holm, counsel for the defendant, interpos-
ed at this stage, II wish to say, in my
place, that l have had full charge and
control of the conduct of this case on be-
half of the company, and that l am re-
sponsble for everything that has been
done. l regard the line of examination
Judge Twiggs is now pursuing as imply
ing a direct reflection upon myself, and,
with your honor's permission, l wish to
enter my protest"
Il think you are wrong, Mr.. Chisholm, -
said the court. 81 don't thing counsel in
tended or has made any reflection upon
YOU"
"Of course I have not" said Judge
Twiggs. II simply asked the witness if
he had not made a GER ain statement to
Judge Tucker l don't know, of course
whe ther the statement he then made if
he did make it, was true or false. | mere
ly want to show that il is not in accord
ance with what he has testified to to-
day. I know Mr.. Chisholm too well to
believe for an instant that he would Coun-
tenance or permit anything that was not
honorable and upright and clean. l meant
70 disrespect to him and no; hing 1 have
said or have asked the witness would JUS
tify him in inferring that 1 did"
So the incident closed. There are other
witnesses whose testimony is being at
tackled and who will be sought to be i'm
peached. 1t is expected thai the evidence
given on the stand to-day will be the
most interesting of the trial.
Judge Norwood announced yesterday
that he intended TO control the future
Introduction of evidence and that he
would not permit witnesses to testify up
on immaterial points, as had been the
case with many of those of the defend
ant. At the instance of counsel the stem
ographer noted what the presiding judge
had to say on this subject, for the evil
dent purpose of making it ground of err
ror should the case ever reach the Su-
preme Court.