The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-02-01
THE SUPERIOR COURT
THE $4,000 DAMAGE SUIT AGAINST
The ATLANTIC COAST LINE
Yesterday Taken Up In the Examine
ton of Numerous witnesses for the
RaiIroad-Four Doctors Express the
Opinion That Mr.. j. C. Shepard, Jr.,
is Not Permanently Injured.


Pursuant to adjournment on Monday
evening. the superior court convened
at 10 a. m. and began the
week Of the session His hon
Judge Hoke was on the bench, an
as soon as the court met the taking
of testimony in the damage suit Of Mr..
Joseph c.. Shepard. Jr., against the
Atlantic Coast Line for Sc, Ooo. was re-
WITNESSES FOR THE DEFENSE.
The examination If witnesses for the
defense was resumed. Henry Cobb
colored. was h first witness He
testified hat he is an employe OF the
Atlantic Coast Line: that he Is porter
Captain w. Ii Harlow's train;
that he was on the train January u.
1900, when the accident occurred to
Mr.. and Hrs. J.. G. Shepard, Jr., at
the old Brunswick or Castle Haynes
road crossing. On that afternoon he
wa standing on the platform Of the
car with it's porter Julius
Drew, colored. When the train ap-
preached the crossing he felt a sudden
shock to the train as the air brakes
were applied and the train immediate
~ came to a stand still. He imme-
diately looked out and right by the
sleeper IN the ditch he saw a horse, a
broken buggy and a lady n gentle
man. witness jumped off and ran to
Mrss Shepard as she was getting up
out of the ditch. He caught her arm
and assisted her UP out Of the ditch.
She said: Look out for my poor hus-
band" He went to Mr.. Shepard n
assisted him to get up and he said:
Help my poor wife" Nh. Shepard
struggling under buggy top and
witness raised the top so he could get
out. Witness then went back Ito flag
it backed n the city with Mr.. and
Mrs. Shepard on board. Witness said
he heard only the % a crossing signal.
when it was blown.
Julius Drew, colOred, was sworn,
and tested as follows: Was porter on
the Pullman car on Captain Harlow's
train at the time of the accident.
Heard h whistle blow for the cross
ing ait the post a quarter ito a half
mile from the crossing; was on the plat
form of the sleeper with Captain Har-
y" . pOllCis din 4C1 liz - Joi
when it was stopped. Saw the horse
and buggy and Mr.. and Mrs. Shep-I
ard in THE ditch. Has been familiar
with the country at the crossing for the
past ten years. Any one passing along
the Brunswick road can see a train ali
the way down from the first mile post
to the crossing. On cross examination
he stated hat he knew nothing of the
embankment having been cleared off
I. Aro- 49, n42il1nf v-ac - nc ~
that fences had been removed from
along the embankment.
H. j. Gerke was sworn. He testi-
fed that he was a merchant and a
no connection whatever with the At
lantic Coast Line. Witness heard of
the accident to Mr.. and Mrs. Shepard.
Is familiar with the road on which
they drove VI to the crossing. He
visited the scene four days after the
accident. viz: on the 18th of January,
1900. Went out in a trap with Messrs.
Bob Gwaltney. S. r. Wick and Milton
Elliott. The trap left the Orton about
3:15 D.. m. and he did not know where
they were going till they went u
Fourth street TO Nixon and then learn
ed that the party was going out to the
crossing where the accident happened
four days before that: was out there
till the southbound passenger train
went by. Heard its bell when he
train left Front street depot; was in
a rev feet OF the crossing when the
train passed. Got h first glimpse of
h train at t-.e Ninth street crossing
and 1t was in sight continuously all
the way down to the crossing. Watch
ed h train till it got we'll on towards
Hilton bridge. There vas no cut or
embankment that DISTRACTED the sight
OF the train, a portion of the train al
ways being IN full view. Witness saw
dog fennel on the entertainments, but
they were small, the largest having
stalks about the size of a lead pencil.
On cross examination, the witness &C.
knowledged that the party was con-
stantly on the lookout for the train.
Saw a umb of cars on the side
tracks. There are always quite a num-
Der out there. Saw men at work on
the crossing, replacing planks between
the tracks. Do not know that any
fence was changed. The cars which
witness saw were on the side tracks but
none Were between the road and 9he
main track.
Robert GwaltnGy was called by the
defense and he testified hat he also
went out to the crossing with Messrs.
Gerken. Wick and Elliott. He testi-
fed to about the same as Mr.. Gerken.
He said there was nothing to obstruct
the view Of the train from the Ninth
street crossing to the scene Of the ac-
cident, but there were lots of weeds
all over h field. He stated that he
stood up in the trap to watch the
train.
Mr.. s r. Wick was sworn for the
defense. He testified that he is in the
employ Of the Atlantic Coast Line:
that he went out with MeSSrS. Elliott,
Gerken and Gwaltney on the 10th of
january. and they stopped thirty feet
from the crossing to see the train pass
The whistle blew and the bell rang
and the train was always in sight af-
ter ii left Ninth street..
Mr.. J. d. Kelley WAS sworn for the
defense. He stated that he Was ia
miliar with the location where the ac-
cident occurred as he had been out
there thousands of times. He was out
there Sunday, January 21st, min days
after the accident. He also stated that
there was was nothing to obstruct a.
view Of the train. On examina-
ton he testified that he knew. OF NO
changes in the cuts or entertainments
a..