The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-18

note, the whole amount claimed be-
IT." TlHS.O1. The PLAINTIFF was rep
| resented hv MrSsrs. Simpson. Cooper
| 4 H"bb, of IaurcnS, and Mcssrs.
Hunt, Hunt & Hunter Of the local
bar. No member of the Laurcns firm
was present, the members OF the To-
cal firm appearing for the plaintiff.
The defendant : attorney was Mr..
Cole. l.. Bleasc. Mr.. Bleasc being
out OF the city. Il motion for a con-
tmuanre on that ground was urged,
but was refused by the court. Mr..
Fr"d. II. Dominick. Mr.. Blcasc's law
partner. was in court, but the ease
was MIR. Rlcasc's ease before the For
nation Of the partnership, and Mr..
Domlnlck waS not an attorney Of
record. Upon the refusal of The mo-
ti"n for Il continuance. il developed
that the defendant was not in al
tendance upon the court. and Mr..
Dominlrk consented that Judgment
should be- taken for the amount claim
cd The .iury--~lhr second cmpancllcd
in the new buildinw-wnS composed
OF the fnll"win" gentlemen: William
johnson. foreman: {. II. Shannon.
Cyrus b. Srhumpcrt. J. G. Brown. J.
\. Wallace, Robert 7. pu"h. &. S.
Long. J. \. Burton. w. W. Brrlcv.
). I. Baker. J. b. Rrrhmrr. -. b.
Cook.
It WAS announced that the ease Of
Mllburn Wagon company V. \. II.
Brown had been adjusted.
The two eases Of Mrs. Iallu B.
Sinckman and Adam l.. Aull V. the
South fcrn Railway company were tried
together, The Plaintiffs being repre-
sentcd by McsSrS. Hunt, Hunt e.
Hunter and the defendant by Mcssrs.
J"hnstonc 4 Cromer. These cases
were taken up ON Wednesday morn
ing. and concluded shortly after dim
ncr on Wednesday afternoon. The
testimony of the plaintiffs was To
the effect that Mr.. Adam l.. Aull
had received Il message from his son
in-law in Columbia. in September,
1904. telling him Of the serious i'll
ness Of his daughter. and telling him
I" come I" Columbia on the FIRST
train. Mr.. Aull and his wirr~-who
had since dicd--and his daughter,
Mrs. St"rkman. and two of their
children. went 10 the depot IL, pomal'-
III /" take the mixed train which at
that time passed pomara somewhere
about nine o'clnck. Their testimony
was 10 the effect that they Tagged
it down, and that the train ran abou,
tw" hundred yards below the regular
stopping place before stopping. where
upon they gathered up their baggage
and started towards the train, when
the train pulled ont and left them.
They were forced, they said. to wait
for th" regular passenger. which at
'ha, tim" passed Pomaria between
II and - . clock. The waiting room,
they stated, WAS closed, and the
weather was cool, and they had suf-
i"rrd themselves by the wait. and had
had considerable difficulty in takin.
care Of The small children they had
with them. They alleged small pcr,n-
larry loss after their arrival in Column
bia aS Il result Of having been delay
ed
The railroad cnnirndrd that for thc
mixed train pomaria was only Il flag
station. and the waiting room was
never open Il, night. They produced
evidence in regard to the weather,
contcnding that it was mild, and Of
icring the meteorological record Of
Government Observer w. G. Peter
son in support Of their contention
They urged that the plaintiffs in hav-
ing t" wait for the regular passenger
had not been damaged, contcnding
that the regular passenger had better
accommodations than the mixed train,
and that the mixed train was late and
arrived in Columbia only 23 minutes
ahead Of the train which they had
intended to take.
The jury, after remaining ont Il
short while. returned Il verdict in the
Silm Of $40 for the plaintiff in each
case.
The ease Of DR.. &. y. Hunter V.
Henry llcymm 1t al, involving the
possession Of two mules, was then
taken up. the plaintiff being repre-
Scnird by MrSSrS. Hunt, Hunt &