The county record. [volume] (Kingstree, S.C.) 1885-1975, 1904-04-07
RAILWAY LOSES BIG SUIT
A Case Where a Lady Was Insulted
on the Train.

common pleas has Deen engaged LOT
three days in hearing most extraor-
dinary case, in which the Southern rail-
way is asked to pay $4,000 damages
tc Mrs. Susan L. Franklin Of Newberry
for an alleged insult to her by a pas
serger while on a train between Green
vile and Atlanta about year ago.
The jury brought in verdict for $25,-
600 in the plaintiffs favor.
Mrs. Franklin is comely woman,
unusually self-possessed on the witness
stand, with readiness and intelligence
in giving testimony that Is surprising
and uncommon, and approaching the
bearing of evidence uron the case in
hand. Her testimony revealed the fact
that she was married when only 16
years old, and has been the mother Of
three children, one Of whom is dead.
Her husband is policeman in New
berry and her occupation is dress max
ing. Mrs. Franklin gave connected
account Of the trip from NewbeITy 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 inthe car, both OF whom
we're men. Soon after the train left
here one Of these men engaged her in
conversation, taking seat by her side,
making indecent proposals. putting his
arm around her waist and using famil-
iarities against her protest, though she
endured the upleasant treatment for
q quarter Of an hour or more. The
men were drinking and behaving un-
seemly but only one OF them made ap-
proaches 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 desist or he
would put him off 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 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 oeen
seated for some time. On arriving at
Atlanta she was taken i'll and the cause
was due to the fright occasioned by the
conduct Of this unknown man, result
Ing in serious consequences owing TO
her delicate condition at the time.
Conductor Roseborough, who was IN
charge of the train when alleged indig.
mites were heaped upon Mrs. Frank
lin. stated that he had observed the
! man on the seat with Mrs. Franklin
and holding her little daughter on his
knee. and he was not aware that the
woman being annoyed by his pres
ence as she made no complaint against
him. and seemingly they were engaged
| In an ordinary conversation. MT. .Rose-
borough assumed that they were at
Iesst acquaintances and II was M. his
, duty to interfere, but he denied that he
was in the car for any legth of time
and did not observe that Mrs. Franklin
was at all annoyed until he went
through the train again, when as ne
! entered the coach he saw that she was
in the act OF leaving the seat. lmmedl-
ately he approached and asked II sne
desired to change her seat, when her
reply was that the man had been an
noyance to her, which caused her TO
rake the change. The conductor es-
corted 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
II he spoke to Mrs. Franklin again ne
would be put off the train and lett IN
the ditch" The man asserted that ne
had not done anything wrong, but waf
willing TO make an apology II MIS-.
Franklin was offended and then went
irto another coach. Mr.. Roseborougn
assisted the mother and child on the
train on reaching Atlanta and the IN
cident on the train was not mentioned
again. ..,
The testimony Of other witnesses haa
little bearing upon the facts relating
to the alleged insults, and much time
was occupied in efforts to exclude I'M
nroner evidence from the case. Con-
fuctor Roseborough was supported IN
the main by the fiagman, who saw and
heard portion Of what took pace.
The conductor is known as one OF tne
most careful officials in the service Q.
the Southern and he has been on inc
Air Line" for upwards OF ~ years.
The argument in the case pesan on
Thursday afternoon.
State Item