The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-06-24
THE VERDICT SET ASIDE.
The Hard Struggle of a Jury Over the
Loss of = Negroes Leg.
Especial to News and observer)

especial 10 news ana observer
Greensboro, n. c., June 23.-Supe-
rior court for the term came to an
end this morning and Judge PEBBLES
left on the noon train for Hillsboro to
visit his sick daughter. Yesterday was
devoted to trying the case of negro
who was suing the Southern Railway
for $4,000 damages for cutting off his
leg and part of his foot. The teSti
mony of the plaintiff, a negro boy Ia
ing near here by the name of Glenn
Hayes, was that last fall he boarded
train at the Battle Ground, getting on
top of a freight car to beat his way to
Greensboro. He testified that he asked
to get on the car and understood the
brakeman to nod his head. That when
the train was moving at rapid speed
the brakeman ordered him to get of,
but he was afraid to jump until the
train slowed up, and hung from the
car with his fingers holding the edge,
waiting for it to Slacken up, but the
brakeman "stomped" on his fingers,
compelling him to let go, and that in
falling he struck Il telegraph pole,
which threw hi munder the car wheels.
cutting off leg and injuring a foot.
His testimony was verified by a colorcd
woman who was near by. The brake
man had since died, but the railroad
produced evidence contradicting the
plaintiffs S testimony. The jury took
the case late yesterday afternoon and
were out all night. Judge PEBBLES in
giving them the law said that the fact
of the plaintiff stealing q ride would
not relieve the railroad from reSpon-
sibiIity, if they believed that the plain
tiff had been negligently injured.
When court opened this morning the
jury was called i'm and Judge PEBBLES
told them he did not desire to know
what was the trouble. or how they
stood on the case, except just enough
to know whether there was prospects
of their agreeing, as he desired to
leave on the l o'clock train Free
man Mebane then said the jury stood
elecen to one on all issues, but did not
state on which side Judge PEBBLES
then said if they were that near to-
gether he would not order a miStrial
He then told the sheriff to keep the
jury, and if by ! o'clock they had not
agreed he would go on to Hillsboro
and would return early saturday
morning to take the verdict, if they
were ready. If not ready he said he
would be back Monday morning and
would examine the law as to being
able to take them along with him to
Stanly court. He told the sheriff to
provide two meals a day for them at
the hotel, as the weather was 50 hot
two meals would do 1Or tho county 10
pay for, an diff the jury desired three
meals to let them get it at their OWE
expense for the third one, the same
as to soda water, lemonade, etc. The
Jury came back in thirty minutes with
a verdict in favor of the. railroad
Messrs. Brooks and Thompson, attor-
neys for the plaintiff as soon as they
could get thei rbreath, moved the
court to set the verdict aside and give
them another trial This Judge
PEBBLES did saying that the verdict
was contrary to the evidence present
ed. Messrs. King and Kimball, while
making no fight over the ruling, stat
ed that the jury had the evidence OF
three negroes on one side and three
reputable white men for the railroad,
and they evidently believed the white
men had told the truth. One of the
jurors has stated since that on the
very first ballot taken yesterday ten
voted on all the issues in fa<or of the
defendant company; on the ne1- ball o.
eleven voted that way. and all last
night one lone man, a foreigner. who
spoke of the NEGRO woman VINO teSti
fed as that coIored lady" stuck out
until Judge PEBBLES scared him to
death this morning by talking about
taking them around with him all over
the country this hot weather and onl!
allowing only two meals q day.