The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-02
F AB|US FEARS
"OLD RELIABLE"
He Secures DeIayin Par
ker Damage Suit.
.ADvERTlsEs FOR US
State Treasurer Lacy Summoned Only
Fifteen Minutes Before Train
Time Is Declared to Be the
Witness Whose Testi-
mony Was Neces-

A great many men went to Goldsboro
as witnesses yesterday morning.
Just as many came back yesterday af-
ternoon without having sworn there was
rotten ties" wreck. These witnesses
went from Raleigh to Goldsboro 20 tes-
tify for Mr. II. B. Parker, Jr., who is
suing the Southern Railway Tor $25,C00
damages for injuries received in the rot
ten ties wreck which occurred near Raj
elgh last May.
They were ready to testify but the
"Fabian" policy of delay. presented most
tcuchingly to the court by Fatius il.
Busbee, OF Raleigh, he being one OF the
Southern Railways law force, kept them
from doing SO, and the case was con
tinued until the 18th OF April.
The folks who rode to Goldsboro ana
back yesterday tell how Fabius na1 to
take two flights Of oratory, coupled with
devout prayers for little more time be-
fcre he succeeded in getting Judge Geo.
Fl. Brown to listen TO his siren song. In
the first attempt, which was spacious and
which reflected upon the ability OF 4
jury composed Of Wayne county citizens
to think for themselves and do justice,
the pleader for the Southern Railway
upset himself.
Fabius had read the News and Observer
of Sunday just as does a very large.
part of ali North Carolinians and he had
seen a true aocoun. of the cause OF the
rotten ties" wreck Knowing that III
tenigent people everywhere read the News
an6 Observer he judged, and judged right
~ too, that the article had been read
in Goldsboro.
IyoE,, tod n ~-,,ff- IN,
ing sounds, and swung his arms about,
end told Judge Brown with 4 woe be-
gone face about the article ii the News
and Observer and how it was going to DO
harm to the defence of the good little
Southern Railway. He implorcd that as
this was certainly so, that Judge Brown
ought to continue the case.
Again, in this plea, Fatlus pays un-
conscious tribute to the Old Reliable"
In Wake county and all this section he
declares that it has 2 big influence, and
now he goes down to Wayne county and
again says it is a paper OF big influence.
And in these declarations Radius is
right, but it is an influence On the side
cf right, and justice and truth. 1t I'M
masks special pieadings AMI it has
habit of speaking from the record where
grasping and domineering corporations
seek to ride rough shod over the peo-
pie.
But Judge Brown set his face against
Fabius. He held that the publication Of
an account of a wreck was Got going to
control the people Of Wayne county, and
Fabius was told to go OH with the CASE
and make the best of it he roHid against
the suit of Mr.. H. B. Parker.
Then Fabius plead again, and this time
It was that the chief witness fer The de-
fence was not in Goldsboro. He said that
this was Mr.. B. f. Lacy, the State Treas
urer, who would testify that The wreck
was by no fault OF the Southern Rail
way and that everything was as safe as
the Rock of Gibraltar where Southern
Railway engine wheels turned.
And finally this pleading won and Judge
Brown, trusting to Fabius, in his state
ment that Mr.. Lacy was material and
important witness. without whom the
Southern Railway would be PLACED It
great disadvantage. continued the case
till the next term Of Wayne CoInty SD
perior court And in very short time
after the adjournment CT cout Tor the
term Mr.. B. r. Lacy stepped OF the
train in Goldsboro.
And why was" he not there before.
and how come JudL IHe tdplua VI III
Southern Railway found out after the
cs Sc had been called that Mr. Lacy was
his chief reliance The facts are that late
Hhich cqhap.
last week Mr. Lacy was given most in
formation from Mr.. Busbee that he would
i.ot be called as a witness III the case
at al.
But 10 and behold At fifteen minutes
before train time yesterday morning Or
at 1915 a. N. Mir. Lacy was subpoenaed
10 20 to Goldsboro, and he went. He
rushed things TO do it. He got III
hack and the driver urged his painting
steeds to the depot. Thus Mr.. Lacy was
on the way, and telegram from him to
lis brother-in- law in Goldsboro tod him
ne was coming. This telegram was not
delivered till after court adjourned.
WHAT LACY WOULD HAVE SWORN TO
And what would Mr.. Lacy have testified
to if he had been in GoIdscoro an3 if
he had been put Oh the stand? Here is
substantially what his evidence would
tave been:
That there were plenty of rotten cross
ties on the railroad nea4 the place of the
disaster, but that in his opinion the I'm.
mediate cause of the wreck was the run
ming of short, light train by a heavy
Jumbo Mogul or King engine, fit only for
long and heavy freight trains
The evidence of Mr.. Lacy would have