The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-17
LONG VS.. THE RAILROAD
The Testimony of the Witnesses For Plaintiff
Defendant Introducing Testimony
(Statesville Landmark.)

the Superior court Tuesday afternoon.
The plaintiff, B. f. Long administrator,
sues for $4,000 damages for the death
of his son, at University Station. on No.
vembor 16, 1899.
An able array of counsel represents
both sides On the plaintiffs side, near
est TO the Jury box, sat c. B. Watson, of
Winston; Plat d. Walker. of Charlotte;
Lee s. Overman. of Salisbury; Armficld e
Turner. and r. B. Mclaughlin of States
Vile.
Col. w. A. Henderson. of Washington
d. c.; Charles Price, of Salisbury; G. F.
Bason or Charlotte. and l.. c. Caldwell
of Statesville, represent the defendant.
Contrary to expectation, there was nc
trouble in selecting a jury. One juror
excused himself because he was related
by marriage TO the plaintiff, and the de-
PENDANT challenged another peremptorily.
The following jury was selected: L. G.
DeitZ, w. +. Parks ]. L. Hunnicutt, N
A. Lewis. w. f. Sharpe, Jep. a. Sheriff.
w. A. Thomas G. f. Robb. G.. NJ. Young
T. S. Edison r. S. Williamson and B. r.
Mason. 1t was a matter of general re-
mark that The Jury was an exceptionally
good one.
Before the battle Joined there was a
preliminary skirmish over the reading of
the complaint to the Jury, which was oo
iected to by the defendants counsel on
the ground that certain allegations were
improper and irrelevant and would tend
to prejudice the jury Judge Brown di-
rected the jury to retire to their room:
during the discussion and on their return
allowed the pleadings to be read, be-
cause thew are for the information of the
jury 9s well as the court. He, however
marked one clause. which he ordered the
counsel not to read
The first witness. DR., w. E. Headen,
of Morehead City, testified: On Novem-
Der 16. 1899. l came over from Chapel
Hill to University station with eight or Z
dozen other passengers. l was on my
way to Greensboro. Young Ben Long
was on the same train. on his way TO
Raleigh. | had no personal acquaintance
with him. He was a fine looking young
man, athletic, tall, straight and muscp-
lar. The passengers got off and learning
that the train for Raleigh was late
strolled about in different directions. Our
train came in on the side track, next
to the depot. There was box car stand
ing in front Of our engine. This box car
| freight depot and they began to load ii
with freight | was standing on the side
track or feet from the box car. talk
ing to Mr. Langley when the train for
Raleigh blew. | heard Capt. Smith, the
conductor who was standing somewhere
on the freight platform say to his en-
gneer: The train is coming, we must
move out of the way" l stepped off the
o;,1 he
main track. Mr. Langley stepped across
the main track. The engine started
westward pushing the box car in front
OF it. When Mr. Langley got across he
threw On his arms and cried, Look out!
Look cut" The end of the box car had
passd me and ! did not see the accident.
AS the train for Raleigh came in the
| conductor and porter were both leaning
out as far as the could and shouting:
! TT ere's man under the train" l ran
to the box car and found Ben Long under
| it, pinioned down under the axle and
! brake rod He was lying on his face, cry
| ing out for help. The axle was pressing
down on his shoulders and his left arm
was wound around and twisted between
| the axle and brake rod. l got under the
| car and gave him a hypodermic injection
|
This did not ease him. so in Is minutes
| gave him half grain more. They had to
take the brake rod eff to disentangle his
arm. His arm was crushed between the
elbow and shoulder. His right leg was
dislocated at the hip, his left thigh broken
and his right collar bone fractured When
he was iinallv extricated we put him on
the train and took him to the hospital
at Durham.
Brandon McCurdy testified: | was on
the train going towards Raleigh sitting
on the LEFT hand side of SECOND class
car, two seats from the front. AS we
approached University station / looked
out of the window and saw body go down
under the end of the box car. l caught
only a glimpse for my view was cut off
by the movement Of the two trains in
opposite directions. I ran to the front
of the car and heard some one cry out
that q University boy was killed. | had
a brother at the University at that time,
| so | jumped off the car and ran down be-
| tween the trains. The Chapel Hill train
was still moving, but when | reached the
box car it had stopped. l saw young man
| under the box car. 1t was not my
| brother. His face and mouth were pres
| sed against the cinderS. | craWled under
the car and raked the cinders away from
his face Took out my handkerchief and
wiped the cinders from his mouth. HIS
left arm was wrapped around the axle.
One man came NJ with a coal SCOOP and
they tried to SCOOP cinders away and get
him out. I asked if they had a jack
and was Informed that they had not. I
left on the Raleigh train.
L. f. Atwater, of Burlnging testified
I was standing near the end of the box
car, on the side track Captain Smith,
who was standing near the middle OF the
freight platform, said to the engineer:
"All right, Uncle Jake; the train is COM
ing We must get out of the way l
do not think there was anything TO OBJ
struct the view between the conductor
and where Long stood. Long was stand
ing on the side track at or near the place
where passengers usually stand to get
on the first class coach. AS the box car
moved towards me, | got off the side
track They did not blow the whistle or
ring the bell There was no Waterman or
look out on the box car. | started to