The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-04
A JURY OF APOSTLES WOULDNr
SUIT THE SOUTHERN,

few months ago Mr.. Fabius H Bus
bee, attorney Of the Southern Railway.
made al affidavit that his railroad could
not get justice in Wake. Granville.
Franklin. Vance, Johnston. Harnett.
Chatham and Durham counties because
OF the tremendous influence exerted by
the News and Observer. and therefore
he wished TO have cases removed TO the
Federal court. Facts were printed in
this paper showing that Mr.. Busbee was
in error and that jurors in Wake and
adjacent counties were so fair TO the
railroads that some attorneys complain
ed that they wished to be so fair that
iurics we're inclined to lean in favor Of
railroads.
II seems that Mr.. Busbee's legal su-
Terior officer, Capt. Charles Price, diyi-
sion counsel Of the Southern. has been
making like complaints OF MeckIenburg
juries- 4 recent local in the Charlotte
Observer gives Mr.. Prices complaint AMI
Col. Ham Jones happy and effective an
swcr. We quote:
In the Superior Court yesterday there
was polite exchange of amenities be-
tween Col Fl. C Jones. OF Jones and
Tillett. and Capt. Charles Price, di-
vision counsel OF the Southern Railway
Capt. Price. in moving 10 set aside the
verdict for $, 500 against the Southern
in the Hardness case, stated n his ar
gument that it seemed that the only
question considered by juries in actions
against railroads was the amount OF
damages: that they could hope nothing
from turies,' and that their only hope
was in the judges.
Replying TO this. Col. Jones expressed
surprise that Capt. Price should make
such a statement in this country, and
said that in his 80 years practice he had
found MeckIenburg juries absolutely fair
in their verdicts.
Pointing to Capt. Price. Col. Jones
said
You know. or should remember, that
the first case ever tried in this court
house was one against your railroad.
and after a hardly contested fight a
Necklenhurg jury decided with you. At
this term Of court. in a case in which
So. eco was involved. verdict was rem
dered in favor of your company.
The trouble is these railroads are
getting sensitive. If you had a jury Of
twelve apsi1es TO sit upon their cases
you would hear the same complaint OF
excessive damages. and a disregard OF
their rights II they go head on and kill
some poor. unofending person they
sometimes compromise; but when all
efforts fail TO get compromise and the
case comes into court and the jury de-
cides against them, then they complain.
Every lawyer at this bar knows the
difference between bringing suit and win
ming ST
The verdlcts against the railroad
vcre allowed 10 stand"
Col Jones has SPOKEN truly in defense
Of juries. The truth is that Southern
Railway lawyers are so accustomed to
be treated as one OF the family" in most
Federal courts that when they get only
Justice. without any special privilege. n
the state courts. they feel that they
have been badly treated. Nothing but q
Federal Judge. who owes his appoint
rent 10 Southern Railway influence, who
is ready to set aside verdicts or issue
injunctions or do any other act 10 help
them Win their cases. suits the Southern
Railway lawyers. The remarks OF Col
Jones are timely. He made hit-a
paIpabIe Inland one much needed in
every county where Southern Railway
lawyers make a habit of abusing the
juries-