The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-06-07
mr.. \ B. SPENCER
0NLY WITNESS
Generals Manager. of the.
Southern. Was On
All Day.
CROSS. S.FIRING
BETWEEN COUNSEL
Messrs. Braxton and Thorn Dis
agree as to Who Should Pay
Claims in Damage Suits
for Personal Injury.
Session To-
day.

Several interesting features marked
the second days proceedings in the rate
schedule matter before the Corporation
Commission. though one witness was on
4the stand all day, and was still under
crose- examination by Mr.. Braxton when
the body udsourned until II o'clock this
. morning.
The testimony given yesterday was by
Mr.. II. 3. Spencer, general manager Of
the Southern Railway, and son OF Mr..
Samuel Spencer. the president Of the
road.
II MIR Spencer made fine witness for the
company, while Mr.. Thorn had him on
his examination-in-ch and he mado
out very we'll under Mr.. Braxton's s search
ing cross-examination; but he was not
quito go ready at times in the latter
aituation.
On one occasion the witness sat In his
chair for nearly an hour, while the two
brilliant lawyers wrangled fiercely over
the admissIbilfty of certain testimony;
but neither lost his temper or showed
the slightest sign OF personal feeling.
Braxton Objects.
4 Mr. Thorn was undertaking TO show
by the evidence OF the general manager
that operating expenses taxes, better
!. ments, etc, had placed his company In
such situation that II could not stand
an increase in rates without serious em-
barrassmcnt and along this line he
wanted the witness to say what was the
tendency of the verdicts of juries as re-
spects the size OF verdicts In damage
suits against railroad companies for YER
sonal injuries. II ss5 I'll 4 sis3gt
Mr. Braxton objected, on the ground
that charges for Spersonal8injuriesss should
mot he included in operating expenses.
but should be paid out of the profits re-
gceiped by the stockholders. He did not
think Mr.. Thorn should be allowed to
put in this item as one OF expense
against the company, In his efforts to
show that the profits and earnings were
insufficient to admit of rate increases,
and Incidentally he rasped the railroads
with no gentle hand. @
Strong Reasoning.
Fl Each OF the lawyers spoke more than
once, and their efforts were at once
logical and persuasive. Mr.. Braxton
5contended that it was out OF all question
10 require the patrons OF a road to pay
for the negligence and wrong doing OF
Z It's agents, ana .ihe declared boldly that
damage for personal injuries should come
out OF the profits of the stockholders.
Mr.. Thorn, In replying. spoke OF the
hardships and extraordinary conditions
under which railroads are required to
conduct their business, and said 1t was
manifest that the item of damages for
personal injuries should 90 in the ac-
count OF expenses. He said no merchant
Of good business Judgment failed to make
proper allowances in his expense ac-
count for bad debts. and that the prln-3
ciple. was the same with corporations,
After the question had been fully argued,
the question was allowed, and Mr. Spen-
Ger answered that the tendency was to-
ward larger verdicts against the COM
panies In suits for personal injuries.
The Second Snag.
From this point. everything went well,
until Mr.. Braxton, at the afternoon ses-
sion, took Mr., Spencer in hand for
eross-examinatton.
4 Earlier in the day, the witness had in
his testimony read from typewriter pes
pers. statistics designed to show that
there had been heavy increases in the
cost of labor, 1aterials and all the COM
lnodities used by railroads In the past
ten years, and after bringing out the
fact that the witness had not prepared
the statistics personally and could not
verify them OF his own knowledge, Mr..
Brnxton moved to strike all this testi-
mony from the record.
The motion was briefly argued and
Continued on Third Page)