The semi-weekly messenger., 1907-10-15

by the Plaintiff-EXpert Witnesses
Allowed SD Each-NOtion 10 set
Aside Verdict in the Branch case
At 1:O5 o'clock yesterday afternoon
| after having had the case under con
| sideration for an hour and forty-nVe
| minutes, the jury in the Bowen dam
| age suit announced to His Honor IN
| court that they had agreed on Slo'ooo
| as the amsunt Of damages the pialntllt
| was entitled to by reason OF his IN
| iuries The suit was against the sea
| hoard Air Line and was for S2o,oOo
| damages.
| The amount awarded by the jury TO
| CAPTAIN Bowen is the sum delnahoe1'
| through, his counsel, of the SeaDoard
| TO settle and compromise the case, Dut
this offer was refused.
! It was stated that when the question
of amount was first considered lhe
opinions Of different jurors ranged all
the way etween $4,000 and 100000.
but agreement was finally reached on
| the sum stated.
The jury in the case was composed
Of c. ". Worth, J. w. Murchisoa,
B. F. King, T. B. Martin, John Ihoh'-
as. J. T. Kerr, J. +. Mann, w. II. ''Sr-
den. Jr., A. H. Benson, NJ. eremer, T,
w Ortman and T. NJ, Thomas.
Following tie announcement Of thc
verdict Hon. John d. Bellamy coAnse
; iQr the SeabOard hade the usual for.
al motion to set the verdict aside, on
7 account Of excessive damages and the
1 motion was denied. Notice OF an ap'
peal. if such is decided upon, was giver
J. and 30 DAYS as allowed to file tho
0 appeal. 1t is not believed, however
0 that the defendant road will appeal
q ! the case, the verdict being generally
/ considered q very fair and proper one
y for both sides.
q Herbert McClammy, Esq, made
0 motion before the court thai IL
0 plaintiffs three experts, Drs. +. II
= Russell. T. NJ. Green and A. H. Harris
he allowed 500 each for their attend
E ance, but Judge Biggs evidently con
0 | sidered this amount too large and hC
0 made an order allowing each of then
y s25.OO. The costs in the case vii
0 have to be paid by the defendant road
0 and this will amount probably to 500
y or more.
O When court convened yesterda.
= morning Hon. John D. Bellamy con
= cluded hts argument for the defendan
road which he started on Friday after
: noon. He spoke for about 40 minutes
: He was followed by Marsuen Bellamy
- ESQ. who made the closing argumen
Il | for the plaintiff, his speech of an hou
It and ten minutes eing the last in IL
l. case.
}. Judge Biggs then charged the Jur.
as to the law dealing with the ques
ton and manner Of arriving at tn
actual damage and he stated the con
tentions of both parties to the sui
n his charge which was an able an
martial one lasted only 20 minute
H. and the jury then retired, shortly ate
IL II O'Clock to consider the case
Besides the Bowen suit several otne
- matters were disposed of in the supt
to | TtOf court at LflC LIOl IihSo S~CSAO-@ -
to terday and shortly after ] O'Clock =
ne term of court, which has been /
session here for the past three week
: one week of which was devoted 10 c
lv trial of criminal and the last two
a the trial of civil cases, was ad1ournf
10. and Judge Biggs left on the afternoC
" train for Jacksonville. Onslow count
10 where he will hold court during :
We coming week
nt- A formal motion was made by cou
"a "a sci for the plaintiff in the suit of
he N. Branch, administrator, against
al A. c. l., to set aside the verdict
1st Gently returned in that case but
motion was denied and notice OF
the peal given.
he An effort was made to call up
ent celebrated Rowe case, this being
mix-up among the congregation OF
First Baptist church, colored. over
Tor pastorate but on account Of the 81
ent time left of court rrdge Biegs
r &c nounced that he cold not agree 70
st to be Called.