The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-11-02
Mr.. BUSHELS UNFOUNDED Aft.
DAVIT SLANDERIEG TIE PEG
PIE OF EIGHT COUNTIES.

A few days ago, when the case of Mr..
F. G.. Sigmon VS.. the Western North
Carolina Railroad was up for hearing in
Wake Superior Court, Mr.. F. H. Bus
bee, attorney for the Southern Railway,
offered a copy of an affidavit filed in the
Federal court of which, as a native OF
Wake county, he ought to be heartily
ashamed. 1t seems that Mr.. Sigmon, an
employee on the Western North Carolina
engine in a double header wreck near
Asheville, and has brought suit for $780,
600 damages. We know nothing about
the merits of the case and have not print
ed a line about it. The following is
Mr.. Bushels affidavit:
"F H. Busbee, being duly sworn, doth
say that he is the attorney for the de-
PENDANTS in the above named cause. That
he has reason to believe and does believe
and therefore AYERS that from prejudice
and local influence the said defendant
Southern Railway Company. will not be
able to obtain justice in the Superior
Court of the county OF Wake, State of
North Carolin, where the said cause is
now pending, or in any other State court
to which the defendant may, under the
laws of said State, have right on ac-
count of such prejudice and local infiu
ence to remove the said cause.
THAT among other grounds of such
belief the affiant says that there has
been a recent trial of an action in the
said Superior court. of Coley VS.. n. c.
r. r. Co in which case the Southern
Railway was the real defendant, and re-
cogniZed as such, action being brought
on account 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 suffi-
cient justification, as will be shown by
the opinion and dissenting opinion in the
case, as reported in the Supreme Court
of North Carolina. That this is a jury
case trial in which the Southern Rail-
way was interested.
THAT a certain daily newspaper pub
lished in Raleigh, in the said county,
which paper and its predecessors have
been for many years published in the
said county and have a considerable cir
culation discussed the merits of this
case in it's columns, adversely 10 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 70
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 the Southern Railway Company
and it's officers and has apparently at
tempted to create in Wake county and
adjoining counties in which it circulates
a prejudice 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 defendant from having a
fair trial and obtaining justice in the
said Superior court, or in any other
State court to which the petitioner has
the right under the laws of North Caro-
lima to remove said cause"
1t is not enough that Mr.. Busbee, as
attorney, shall swear that he believes
the people Of eight counties in North
Carolina are wholly lost to the sense of
Justice and fairness, but Vice-President
Andrews comes to the front and also
makes an affidavit in which he says:
Your petitioner further states that it
has filed herewith an affidavit that it
may be made to appear from prejudice
and peal influence that your petitioner
will not be able to obtain justice in the
said State court or any other State court
to which your petitioner may, under the
laws of this State, have a right on ac-
count of such prejudice and local influ-
ence, to remove said cause"
Now, what do these affidavits mean?
In the first place, that the 1000 white
men of Wake county are so Influenced by
1.-THE unfounded charges" of the News
and Observer as ito prevent the defend
ant (the Southern Railway. from hav
ing fair trial and obtaining justice"
That is a grave charge. If it is true,
the News and Observer is an unworthy
newspaper and the people of Wake
county are a set of vicious and unfit men,
who ought not to be permitted to serve
on any jury or granted the rights of citi-
Zenship. Let US first consider the
challenge to the intelligence and
honesty of the people of Wake
county, and a record of the rail-
road litigation in this great county. This
paper does not claim for the people Of
Wake county that they are ''the best
people on earth" but it knows that there
are none better.
The record of railroad cases tried in the
Superior court of Wake county dis
proves the affidavit of Mr. Busbee. The
truth is that the railroads have won so
many of the most important cases il
Wake county that there has been seri-
Gus talk on the part of some good law
yers that the juries We're often too
friendly to the railroads to give just
damages to people injured by them.
Such talk does Injustice to the people of