The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-07-23
SUBMITS TO NOMINAL FINE
Dignity of the State indicated by the Verdict
of the Jury and the Sentence Pronounced.

law of the land in seeking to avoid
the processes of the court and to put
itself under the protection of the one
man" power of the Federal court; that
the sale of the ticket to the witness
Jones was proved by his direct tcsti-
mony which could not be varied with
out attack upon. his character, by
any deduction from other evidence
which in itself did not go to contra
diet the evidence of the prosecuting
witness liz terms.
For the defense it was contended
that, in the first place, there had been
no sale Of ticket on the day mem
toned in the bill by Green to Jones.
This cont ention was based on the fact
that Assistant Ticket Agent Jones tes-
titled that Mr.. Green had left Raleigh
on the 9TH of July for the McLeans-
vile wreck and had not returned until
the evening of July 8th (tne date of
the sale) at $50 O'Clock. In the sec
ond instance, it was urged that the
! distance from Raleigh to Cary was, in
lreality more than eight miles, and
/. that if it was as much as $50 miles
the price at which the second class
ticket was sold GO cents) would not
/ be more than the legal fare of IA
tcents per mile. In the third place
! what had been considered the day be-
! fore as d joke was seriously argued to
the jury as q fact, that the coupon, or
pink trip slip, given with the ticket,
/
| the inhibition of a sale of a ticket
on the theory that the coupon itself
was q part of the consideration for the
! purchase price.
To these contentious the State re-
| piled directly that Jones had testified
! positively to the sale; that there was
no evidence to show that Cary was
anything more than an indetermlnate
| distance more than eight miles from
Raleigh: that the coupon was no more
10 7iHI1 tn wa (
| persuaded by means of double
| barrelled shot gun; and that the
! coupon itself. an instrument in writing,
| was conclusive evidence of the fact
that the sale had been made at Il
higher rate than that permitted by
j law.
| Mr.. ThOm's Legislative Resurrection.
Mr.. Thorn, who closed for the
! Southern, had when he arose to speak
| fifty-two minutes of time in which to
| make his argument. Thirty-fOur min
utes of this time he consumed in ex-
! tolling the need of the people OF the
/ state for the Southern Railway, his
! own love of the State acquired
! through a residence of tWenty-seVen
| wears in Norfolk more than half made
np of North Carolinians, and the lay
ing down of the doctrine that the
great thing was the facility and the
small thing was the charge How,
queried Mr.. Thorn, could any one
/
that adequate service, that increase of
facilities that care and attention nee
eSSary to ena bic it to keep pace with
the genius and the progress of this
patriotic people, if it was TO suffer at
the hands of an act working a con-
fiscation of its property? How, Queried
/ Mr.. Thorn, could it be deprived of its
/ revenues and expected to meet the
! increasing demands upon it? Wages
were going up, the cost of operation
was increasing-and rates We're being
lowered. How, queried Mr.. Thom
! could the public expect a railroad
/ which had been deprived of its earn
ing capacity to borrow money neces-
Sary TO give better service and to
add necessary equipment The prog
ress OF the South, said Mr.. ThOm, was
proceeding in keeping with the char
acter and the energy of great and
patriotic people WHY. recently, he
had been travelling in the South. and,
as he looked back from the tail end
of his private car he had seen stretch
ign behind him a single track of
shining steel He had though of the
wonderful progress of the South and
its marvellous increase IN commerce
and he had Wondered how it could
be met and provided for. When he
thought of the cities of the North,
with their four and six track rail-
roads. he had been surprised When
at this point an impression that had
been lingering in the m nd OF the
writer like the faint memory of a
once well-knoWn face, came back like
photograph in the clothes of the
long ago:-Mr. Thorn was making
the speech that he made to the leg
slature in February. It was the
single track of steel rail stretching
back from the tail end of the pr vate
care that fixed it. To report further
along this line were superergogation.I
The speeches of Mr. Thorn and Mr..
Finley are classic. To hear them is
to remem BERN the teeth OF a revo-
luton. And to write them once is to
avoid writing them aga n. lest in the
haste of repetition they lose a portion
Of the pristine beauty with which
they first appeal to the receptive pro-
vincial mind
To be fair to Mr.. Thom, he apollo
& .zed He stated to the jury tnat all
that he had said in the thirty-four
minutes had been entirely outside of
the question. Coming to the question
itself Mr.. Thorn spoke for sixteen 4
minutes the question of the sale. !
on the question of mileage, and, at /
most length to the defense that the
pink trip slip was such value received +!
SUCH an additional inducement- re- I
ward. and obligation as to have itself
value which--addel to the actual
transportation furnished - W o III |
make up for the difference between |
the price raid ard tho rate provided !,
- law.