The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1904-04-08
AN EXTRAORDINARY CASE.
A Lady Receivers Damages for Being
InsnIted in Train.

"A Lady Receivers Damages for Being
Insnlted in Train.
A letter from Greenvllle to The
State says the court of common pleas
has been engaged for three days in
hearing most extraordinary case, in
which the Southern railway is asked
to pay $50, 900 damages to Mrs. Susan
l.. Franklin Of Newberry for an al
legged insult to her by a passenger
while on a train between Greenville
and Atlanta about year ago. The
jury brought in verdict Friday af.
ternoon for S25, 200 in the plaintiffs
favor.
Mrs. Franklin is a comely woman,
unusually self possessed on the witness
In giving testimony that is surprising
and uncommon, and aprreciating the
bearing Of evidence upon the case In
hand. Her testimony revealed the
fact that she was married when only
sixteen years old, and has been the
mother Of three children, one of whom
is dead. Her husband is policeman
in Newberry and her occupation Is
dress making. Mrs. Franklin gave
connected account Of the trip from
Newberry to Atlanta, stating that on
reaching Greenville she and her little
Child went aboard the afternoon train
for Atlanta, and that there were only
two other passengers in the car, both
or whom were men. Soon after the
train left Greenville one Of these men
engaged her in conversation, taking a
seat by her side, making indecent pro-
pOsalS, putting his arm around her
waist and using familiaritieS against
her protest, though she endured the
unpleasant treatment for a quarter Of
an hour or more. The men wele
drinking and behaving unseemly but
only one OF them made approaches to
her.
On the cross examination Mrs
Franklin said that the conductor was
in the car the most Of the time when
the man was annoying and insulting
her and made no effort to stop his un-
ruly behavior until she appealed to
him for protection, when the conduc-
tor told the man he must deSst or he
would put him of the train. The man
claimed that he was detective, but
the conductor said he must behave or
else he could not ride any further on
his train, which put Il quietus to the
men except that they continued to
drink and use indecent language, but
the conductor had removed her to the
centre of the car, where he had bee n
seated for some time. On arriving at
Atlanta she was taken i'll and the
cause was due to the fright occasion
ed by the conduct of this unknown
man, resulting IN serious caHScGucaccs
owing to her delicate condition at the
time.
Conductor RoSeborough, who was in
charge OF the train when alleged in
dignities were heaped upon Mrs.
Franklin, stated that he had observed
the man on the seat with Mrs. Frank
lin and holding her little daughter on
his knee, and he was not aware that
the woman was being annoyed by his
presence as she made no complaint
against him, and seemingly they were
engaged in an ordinary conversation.
MIR. RosebOrough assumed that they
were at least acQuaintanceS and 1t
was not his duty to interfere, but he
denied that he was in the car for any
length OF time and did not observe
that Mrs. Franklin was at all annoyed
until he went through the train again,
when as he entered the coach he saw
that she was in the act Of leaving the
seat. Immediately he approached and
asked If she desired to change her
seat, when her reply was that the
man had been an annoyance to her,
which caused her to make the change.
The conductor escorted Mrs. Franklin
to the rear Of the car and then went
back for the child, who was taken to
her mother. He told the man not to
repeat his conduct and if he spoke to
Mrs. Franklin again he would be put
Off the train and left in the ditch"
The man asserted that he had not
done anything wrong, but was willing
to make an apology if Mrs. Franklin
was offended and then went into an
other coach. Mr.. Rosenborough as
sisted the mother and child Off the
train on reaching Atlanta and the in
cident on the train was not mentioned
again.
The testimony Of other witnesses
had little bearing upon the facts relat-
ing to the alleged insults, and much
time occupied In efforts to exclude i'm
proper evidence from the case. Con.
ductor RoSeborough was supported in
the main by the flagman, who saw
and heard d portion OF what took
place. The conductor is known as
one of the most careful officials in the
service OF the Southern and he has
been on the "Air Line" for upwards
OF 20 years.
The arguments in the case began
on Thursday afternoon.
Jumped TO His Death.
SYDNEY Johnson Hovdop ne tho