The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-10-31
FAB BUSBEE AFRAID.
Swears News and Observer
has too Much Influence.
Gets Southern Railway Case in Federal With
an Appeal H'ched on

The Southern Railway and its attor-
new, Fab H. Busbee, have a bad case of
fear of the influence of the News and
Oberver.
The case of F. G.. sigman against the
Southern Railway for the loss of his right
arm when he was thrown from the second
engine of a double-header on the West
ern North Carolina road near Asheville
was set for trial yesterday.
But Attorney Busbee had been to Fed
eral Court Judge Purnell and on the pc
tition of Col. A. B. Andrews that for
various causes the suit should not be
tried in the State courts. and on the
affidavit of Attorney Busbee that pre-
JUDGE and local influence would keep the
Southern Railway from getting justice in
Wake county the court had granted an Or
der that the case be removed from the
State court to the Federal Circuit court.
Here is what the alarmed attorney has
to say:
THAT among other grounds for such
belief the effidavit says that there has
been a recent trial of an action in the
said Superior court, OF Coley VS. n. C. r.
way was the real defendant. and recog-
nized as such, action being brought on ac
count of the alleged injuries of one of its
employees, and that a very large verdict
was rendered against defendant, which
affiant ayers was against the weight of
evidence and without sufficient justifica-
ton, as will be shown by the opinion and
dissenting opinion in the case as re-
ported n the Su2reme Court of North
Carolina. That this is the jury case trial
in which the Southern Railway was in
terested."
THAT a certain daily newspaper pub
lished in Raleigh in the said county,
which paper and it's predecessors have
been for many years published in the
said county and have a considerable cir
culatiOn, discussed the merits of this
case in its columns adversely to de-
PENDANTS while the case was on appeal
to the Supreme court and made such I'M
founded charges in regard to the same
that the matter was publicly called to
the attention of the Justices of the Su-
preme court and rebuked by them"
THAT this newspaper has upon many
occasions made unfounded charges against
officers and has apparently attempted to
create in Wake county and adjoining
counties in which it circulates a preju-
dice against the defendant and those
connected with it's management"
THAT affiant verify believes that from
this and from other allegations, such
prejudice and local influence exists as
will prevent the defandtn from having a
fair trial and obtaining justice in the
said Superior court or in any other
State court to which the petitioner mas
the right under the. laws of North Caro-
lima TO remove, said cause"
Yesterday Mr.. Busbee came into court,
but Judge Undertake, did not agree that
the case should be stopped by the Fed
eral court Mr., Busbee stated that he
did not admit the right of the court to
try the right of citizenship, but that the
Southern Railway had been domesicated
prior to the beginning of the suit He
moved the court to- dismiss it under the
order granted by the Federal court.
This was not done and Mr.. Busbee
appealed and bond was given. Judge
Undertake at first was inclined to try
the case, but let it rest. Afterwards
the Southern Railway attorney agreed to
pay all the expenses of Mr. Sigman's
witnesses and the appeal bond was
given. The case is thus at present in
both State and Federal courts.
So the added weight of Attorney Bus
bee and the Southern Railway is given
to the influence of the News and OBJ
server, whose great circulation the Su-
preme Court has already officially de-
cided.
In the court yesterday the order of F.
A. Watson secured restraining Mr..
Michelow from taking pictures in Raj
eigh was continued until the case is
heard. A breach of contract is alleged
by the plaintiff.
James Hopkins was given a divorce
from Marzella Hopkins on the grounds
of abandonment.