The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-11-06
KNEW JESSE JAMES.
Maj. Watlington's Big Suit Against
n SeabOard Air Line-The De-
fence Attempts to Show His Famil-
iarity With the Famous Bandit
Other Greensboro News.
Especial to The Messenger.l

(Sp2cial to The M~eSSenger.l
Greensboro, n. c.. November 4.-The
case of Major w. H. Warrington against
the Seaboard Air Line railroad for s20,-
600 damages caused by the plaintiffs
being injured in a wreck near Macon
in Warren county last year, is engaging
the attention OF the superior court here
today. A great many witnesses are
present and the evidence for the plain
tiff is largely to show his good charac-
year his mental and bodily infirmalies
have greatly increased.
The defendant railroad mpa de-
MES that Major Warrington was .njur-
ed and it's examination of witnesses so
for put up by him, indicates that an
other contention will be thai Major
Warrington has no occupation, and has
not had for many years, and theref re,
if damaged, the measure in do Ia-s and
cents for loss of earning capacity
would be infinitestimal. Captain w. H.
Day, of Raleigh, who with Messrs.
Sin & Kimball appears for the Sea-
board, in reply to an objection by the
plaintiffs a%ttornies, Messrs. Barringer
and Bradshaw, of his asking Major
Warrington of his travels, and his ac-
craftsmanship at Hot Springs with
Jesse James, said that his purpose was
to show that Major Warrington had no
regular business, but that he was a
"~peripatetic philosopher" The witness
was proceeding to give a most interest
ing account of his familiarity with
Jesse, when his counsel objecting the
judge broke it off, much to the disap-
pointment of ~bystanders, who were anx-
ious to know something about the not
ed outlaw. Captain Day also asked the
witness If he was not the plaintiff in a
celebrated case brought against the
Raleigh and CASTOR railroad, known as
the bull case" Counsel for plaintiff
~strenuously objected to bringing this
matter up. but the judge ruled it per-
misSable Major Warrington replied
with a great deal of earnestness tina
there "wern't no bull in it, it was a
y~earling," and that although he thought
he was permanently injured when he
| brought that suit, he had and
at the time of the Macon wreck he was
as stout a man physically and men
tally as ever walked or ode on the
earth, or any where's else" Whenever
| Captain Day would refer to the former
damage suit as the bull case,'' the
witness would at once correct him, by
declaring the newspapers had lied abou,
it, for it was a yearling and not a bull.
In that case he ued the railroad for
$1,000 damages. The pilot of an enginf
hurled a yearling off the track, this
yearling collided with Major Waiting
ton. doing him damage, and he sued the
railroad, but lost his case. He said be
was advised to bring the suit by Colonel
I. NJ. Argo, one of the best lawyers
in the state"
The case here is attracting much in.
terest, and from the evidence of Major
Warrington, he was most seriously IN
| jured last year in the Macon wreck.
Major Warrington also denied that il
the yearling case, he had a gun on his
shoulder. the impact with the yearling
discharged the gun, the load going into
and killing a valuable cow, for which
| he was sued by the owner and had to
| pay damages, or that he and the year
ling fell into a pond n were nearly
drowned. No such bill of particulars
for damages had been filed in his suit
against the railroad, or thought Of.
Mention was made yesterday of the
embarrassment of arr & Bailey's
| circus in having to show at the fair
| grounds, two miles distant, and the in
, ability of the railroad to run special
trains, as had been expected. That