The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-07-29
CITY WINS IN COURT
Suit For $4,000 Begun
Against S. A. |.
Brought by Widow Of Engineer Rosemond, who
Was Killed Near Cheraw, S. c, About
Year Ago.

The special term of Wake Civil court
commenced yesterday with Judge Francis
D. Winston presiding, and considerable
work was accomplished for first day.
The damage suit of R. A. J. Williams
against the city of Raleigh, for $4,000
was settled in favor of the city. The
testimony showed that the plaintiff was
intoxicated in Caudle's saloon, and was
taken in charge by a police officer. On
the way to the station house, he resisted
arrest, and assistance was required to
get him into a cell. In some way two
of his fingers were broken, probably by
being caught in the cell door. 1t was
claimed that he was kept in the cell all
night without medical attention, and
that he suffered very considerably. In
the Mayors court next morning he was
discharged without trial.
The city yesterday introduced no tes-
timony, resting it's case after the plain
tiff's evidence was in. Col. T. NJ. Argo
and Mr.. S. G. Ryan represented the
plaintiff, and City Attorney Walter l..
Watson and Mr.. ]. N. Holding the de-
PENDANT
Mrs. Anna Adams was granted an alb
solute divorce from Jesse Adams and
given the custody of their three chill
dren. Abandonment was the ground for
the action.
In the afternoon was begun the suit
of Mrs. Mamie L. Rosemond, administra-
triX of John A. Rosemond, against the
Seaboard Air Line for $780, 900 damages.
1t will be remembered that Rosemond
was the. engineer killed in wreck near
Cheraw, S. c., on August "a, 1901.
The railroad is represented by Capt.
w. H. Day, Judge T. B. Womack, Hon.
j. B. Bachelor and Major Shaw, of
Richmond county, and the plaintiffs in
terests are being looked after by Col T.
NJ Argo and Mr.. Hamlin. of Danville,
Va, who has recently been admitted to
practice in this State
The following witnesses were exam
ined yesterday for the plaintiff: Mr.. J.
L. Rosemond, father of the dead engi-
neer; Mr.. S. NJ. Gattis, of Hillsboro, for
character; Clyde Cheek, postmaster at
Hillsboro, also for character. and Mrs.
Mamie l.. Rosemond, the widow.
Mrs. Rosemond has been married
twice. Both of her husbands were en-
gineers and both were instantly killed in
railroad disasters.
The plaintiff rested and defendant
made a motion to dismiss. This was de-
MED and an exception taken and noted
The first witness called for the rail-
road was Mr.. S. c. Crenshaw. a farmer
living about ten miles southwest of
Cheraw, S. c., and about three miles
southwest of the wreck. His testimony
was brought in to show the extent and
awfulness~ of rain storm or cloudburst
that took place on the day of the wreck,
and in which witness was caught while
driving home.
He stated that the day had been clear,
with no indications of rain, and that af-
ter he had passed the railroad track on
his way home in the afternoon the tor
. rent commenced and that never had he
seen anything like it in all the days of
his life, 81 years. The road along which
he was driving was flooded to a depth
of about fifteen inches, and the rushing
waters looked like ocean waves.
The object of this testimony seems to
be to show that the wreck was caused
by sudden washout of the road just be-
fore the train passed.
Mr.. Crenshaw stated that, to the best
of his remembrance, the wreck occurred
on fill, and not in a cut He also said
that it had been dry and dusty in that
section up to the time of the heavy rain
on the day of the wreck.
The jury in this case is composed of
the following gentlemen: S. F. Bailey,
Barton's Creek: Augustus Herndon,
White Oak; S. r. Cunningham, White
Oak. C. r Dehnam Wake Forest. TT r.
Lawrence, White Oak: William Dick.
son, Wake Forest: r. T. Watkins. New
Light; II. D. Riggsbee, Cedar Fork; j.
A. Hunter. Swift Creek: w. F. Belts,
Nick Deboy and c. A. Howell, Raleigh