The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-19

throughout America as one of the most
successful experts in the culture OF Deau-
tiful roses, were enveloped in the smoke
second day, Mr.. Walsh noticed that ugly
black and brown splotches were marrlne
the loveliness of his beloved flowers. he
suspected at once that the smoky atmoS-
phere might have something to do with
the matter, but as in all of his many years
of experience he had never known smoAe
TO inJure roses, he could not uiueI stSi.o q ~.
why the plants should become affected 10
such a disheartening extent BUT M close
investigation of his gardens, whlch occupy
about four acres. proved beyond ali uouoe
that something of a very serious ndtuIS
was happening TO the flowers. and II was
with despair that he discovered that d
new variety of rose, which was 10 nave
been called the "Nordica, was utterly ue-
stroyed.
He journeyed at once to Boston and mace
his way to the headquarters OF the New
York, New Haven * Hartford KalI"Sas az
where he complained TO the officials OF lhe
company and demanded that they repay
him for the great damage done ms lehoei
plants. The railway officials laugheu al
him. They said that il was absurd 10 at
tempt to make the company responsible for
his failure in rose culture. Mr.; Walsh ue-
clared that he would bring suit Tor uan,
ages The officials smiled easily ana @ tolu
him to go ahead and bring suit. Ihe rose
grower, thoroughly reused by this time,
returned to Woods Holl and sought the
advice of DR.. George I. Moore, VINO
Quoting a botanical experiment on pehaIi
of the government The former lnalandp
oils man asked for few days IN Wnlcn 10
become familiar with the queer state OF
affairs and his interest being held by the
novelty of the thing. he spent all OF MS
spare time between the ruins or the olo
roundhouse and the fragrant rose saroehS
At the end of a week he urged MI Walsu
A suit for 5000 damages against the rail
way company was filed shortly a1ter py
yer. whom Mr.. Walsh had secured as his
legal representative. And then things huns
fire." as things often do In the courts,
and month after month went by without a
hearing of the case, until the great lawyer
lost interest in ii and asked anotner law
firm. Beale, Hutchings & Beale, 10 Iake
the matter off his hands, as he mad more
pressing things to attend to.
AN AUDITOR APPOINTED.
Finally by consent of both plaintiff and
defendant. the court in which the suit was
filed appointed an auditor to hear the evi-
dence and decide the matter, this method OF
conducting certain trials being practiced
occasionally in some New England States.
The case came up for hearing few weeks
ago in Boston, and Mr. Hutchings opened
with statement of the peculiar circum-
stances under which the beautiful roses.
some of them of a new and wonderfui
variety. had been completely ruined. AL
though not intending to take an active
part in the legal contest. Mr.. Morse came
into the courtroom during the opening
statement and was much impressed with
the possibilities of the case. which had evil
IDENTIFY not dawned upon him until he
learned that an expert upon botanical sub
jects from the governments laboratory on
plant physiology had made some surpris-
ing discoveries in favor OF the plaintin.
1n hn oil lnrf in q
instant and surprised everyone present
| by asking that the hearing be discontinued
| for that day, and, the request being grant
| ed he lost no time in having the District
| grant that the damages demanded be
changed from 5000 to $4,000 I've been
| laboring under mistaken impression: he
said; this thing is matter of great i'm
portance."
| And Morse took charge of his clients
case after ALL In fact, he was so con-
| sumed with the matter that he could think
| of scarcely anything else. The railway
| officials who had been looking at the suit
| all along as a trivial incident beneath Sc
rious consideration suddenly awakened to
| held so cheaply, had two men his side
, tnat were not sbe laughed at-Morse, the
anist Even when irinumerable dificuities
have beset his path. Morse has been known
! to get the best of all arguments presented
son he bad cear ssnS p' afsr gn Monre fSc
4
botanist, had completed his testimony. For
| DR.. Moore showed by means of a chemical
analysis of a sample from the tar root
| of the destroyed roundhouse and numerous
photographs of the roses at different stages
| of the disease which had led to their death
| that the burning of tar roof would gener.
| ate sulphurous gas that no tender plant
| could possibly withstand. And he was able
| to prove by a series Of experiments that q
| millionth part of this noxious vapor in a
| square foot of air was enough to blast q
rose forever.
DR.. Gill, scientific authority on gases and
| fuels, also submitted expert testimony that
| left no room for doubt as to the poisonous
| nature of the vapors that had hung over
| the town Of Woods Holl during the burn.
| ing Of the tar roof of the New York, New
| Haven & Hartford Railroads roundhouse
| When the famous lawyer came to sun
up the evidence in favor of his clients
| claim for damages he made speech that
| figuratively speaking, buried the lawyers
for the defense under the debris OF their
| own roundhouse. He showed that the entire
| profession of Horticulture had suffered to-
! gether with the rose grower of Wood:
| Holl, for the beautiful "Nordica" rose
which had given promise of attaining a:
high degree of perfection the famou:
| Jubilee" rose, one of Walsh's greatest sue
cesses In flower culture, had been lost Il
the world forever The auditor heard tn,
| case carefully to the end, and then with
out lengthy deliberation, awarded the ros,
grower $4,000 damages.