The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-07-28
SUDDEN ENDING
OF DAMAGE SUIT
RULINGS OF JUDGE NORWOOD
GIVEN AS REASON FOR TAKING
SUIT FROM CITY COURT.

Judge Twiggs, Counsel for Mrs.
Mary Pierce, Put Sudden Ending
10 suit to Recover $4,000 Dam
aEes-Sudden Dismissal Was I'm
expected-'RulinEs of This Court
Make II Impossible to Proceed"
said Judge TwiGgs in Making Mo-
tion-GirI Testifies TO Switch Be-
ing Unlocked, with Lock Lying to
one Side-Case to Be Brought in
Superior Court.
The rulings of this court have been
such in this case as to make it i'm
possible for us to proceed. Your hon
or has ruled out testimony by which
we were attempting to show a chain
of circumstances surrounding the
wreck. Under the circumstances we
cannot proceed further, and ask that
A rule of dismissal be taken"
With these words Judge H. D. D.
Twiggs put a summary end to the
trial of the damage suit of Mrs. Mary
Pierce against the Seaboard Air Line
Railway in the City Court yesterday.
The request came Immediately after
the testimony of Ella Ryals, a IA
year-old girl had been taken and for
an instant there was not a sound in
the court room.
Then Judge Norwood turned and
said: "Well, write out your rule"
This was done at once by Mr. Frank
NJ. oliver of Twiggs &, Oliver and the
case was ended. 1t is understood that
the suit will now be brought in the
Superior Court, though both counsel
Tor the plaintiff refused to discuss the
matter.
At the close of the incident Judge
Twiggs turned to Judge Rainey, ex-
chief justice of the Florida Supreme
Court, who is one of the counsel for
the railway, and expressed the hope
that he would meet him later In a
few minutes everyone had left the
court room, the plaintiff leaving with
her attorneys.
Contested Every Point.
The legal battle between counsel
which has characterized the entire
hearing, continued yesterday morning
Herman Pierce was put back on the
stand when the court opened and sub
jected to d rigid cross-examinat ton
When mis- evidence was in, Edgar
Ryals, the man who tended the switch
and took care of the lights, was called
Among the first questions asked by
Judge Twiggs was regarding the con-
ditiOn of the bridle-bar al the switch
The purpose of the questions was to
show that there was a hole worn in
this bar which rendered it unfit for the
service for which it was intended, and
that the railway company, instead of
securing a new bar. had used an iron
peg to hold it in position.
The witness testified to the hole be-
ing worn in the bar thirty days before
the accident and TO its having still
been there sixty days afterwards, be-
fore the Bar was changed. The custom
airy objection was at once offered by
Judge Rainey. The jury and witness
were then taken out and the point ar
gued, the court finally sustaining the
objection.
Switch-Tender Was Fishing.
When the jury returned Ryals was
put back on the stand In reply to a
question from Judge Twiggs he stated
that on the morning of the accident he
had gone fishing and left the care of
the lights and switch to his sister and
little brother.
The sister was then called, a little
girl of but IA years of age. In reply to
questions, she told of going to the
switch that morning, blowing out the
lights, and then discovering that the
switch was unlocked. The lock was
lying. on a cross-tie a few feet away.
She lifted up the switch and then put
it back in position. Il raised it to see
if l could" was her reason for her
actions
This was all the testimony adduced
from her and the defense did not cross
examine to any extent. Nov, your
honor" said Judge Twiggs rising, II
wish to state that the reason called
this witness was to perpetuate her tes-
timony on the records"
Il object to counsel explain"
came instantly from Mr.. Osborne. Just
moment" responded Judge Twiggs,
this case will not last much longer"
Mr.. Osborne then waited until Judge
Twiggs had explained that the girl
came from a distance, was not strong,
and that he simply wished her testi-
mony perpetuated. The next instant
he had moved for a dismissal of the
case.
Lively Passes Between Counsel.
The trial of the case, which has pro-
ceeded slowly owing to the mass of
objections offered by counsel for the
defense, was enlivened somewhat yes
terday by several passages between
Judge Twiggs and Judge Rainey, all,
however, in the best of humor.
In the course of their argument,
Judge Twiggs had made some little
play upon Judge Rainey's name that
was highly amusing. When he ceased
Judge Rainey said. VERY true, judge,
it is a damp-sounding name. But re-
member that showers are refreshing"
"Ah, yes" was the quick reply.
Showers may raise corn, judge, but
they will not raise railroad spikes"
The sudden ending of the case as far
as the City Court is concerned. and the
somewhat dramatic conclusion, were
the subject of much comment about
the Court House yesterday among the
members Of the bar and all manner of
theories were afloat.