The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-04-04
MRS. 4. 4. FRANKLIN
GETS BIG VERDICT
$4,000 DAMAGES AGAINST THE
SOUTHERN RAILWAY.
Suit Was Brought In Greenville Last
Week For Alleged Injuries Re-
ceived on Trip to Atlanta.

After trial in the court OF COM
mon pleas in Greenville consuming
the greater part OF three days of last
week. Mrs. Sudie L. Franklin, wife
OF Policeman H. H. Franklin, of this
city, was on last Friday afternoon
awarded verdict of S25,ooo against
the Southern Railway company, les
sor of the old Atlantic and Charlotte
Air Line railway. Counsel for the
railway company Immediately gave
notice OF motion for new trial,
and falling in this the case will very
probably be carried to the supreme
court and fought to the end.
Mrs. Franklin entered suit against
the railway company for $4,000
damages for an alleged insult to her
bv a passenger in train from Green
vile to Atlanta, alleging that as the
result of the shock to her nervous
system, serious physical inhrlnities
were brought about.
Mrs. Franktn's action was brought
by Col. George tombstone, of New
berry, who was assisted in the trial OF
the case by Haynesworth, Parker
and Patterson, Of Greenville.
Thee railroad was represented by
Col. w. 4. Henderson of Knoxville,
= ean., who is assistant general coun-
sci of the Southern, with Col. O. L.
Schumpert, of Newberry, and Goth
ran, Dean and Cothran as his asso-
ciate counsel.
A. The Greenville Mountaineer says
~ l1s. Franklin's testimony in the
case, and that OF the conductor who
was in charge OF the train:
Mrs. Franklin is comely woman,
unusually self-possessed on the wit
ness stand. with readiness and intelll-
gence in giving testimony that is sur
prising and uncommon. and appre-
ciating the bearing OF evidence upon
the case in hand Her testimony re-
yealed the fact that she was married
when only I6 years old, and has been
the mother of three children, one OF
whom is dead. Her husband is a
policeman in Newberry and her occu-
patton is dress making. Mrs. Frank
lin gave a connected account or the
trip from Newberry to Atlanta. stat
ing 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 of whom were men,
Soon after the train left here one OF
these men engaged her in conversa-
ton. taking a seat by her side. max
ing indecent proposals, putting his
arm around her waist and using IA
miliarities against her protest, though
she endured the unpleasant treatment
for a quarter of an hour or more. The
men were drinking and behaving un'
seenly, but only one of them made
approaches to her.
On the cross-examination Mrs.
Franklin said that the conductor was
in the car most Of the time when
the man was annoying and insulting
her. and made no effort to stop his
un1rly behavior until she appealed tc
him for protection. when the conduc,
tor told the man he must desist or he
would put him off the train. The mar
claimed that he was detective, but
the conductor said he must behave OF
else he could not ride any further or
his train. which put a quietuS to the
men except that they continued tc
drink and use indecent language, but
the conductor had removed her to the
center of the car, where he had beer
seated for some time. On arriving a,
Atlanta she was taken i'll and the cause
was due to the fright occasioned b,
the conduct of this unknown man, re
sulting in serious consequences owing
to her delicate condition at the time.
Conductor Roseborough, who Wa:
in charge of the train when the alleg
ed indignities were heaped upon Mrs