The Columbus weekly dispatch., 1908-05-21
TRACY GREEN AND
WIFE ACQUITTED
MAN AND WOMAN CHARGED
WITH KILLING ED DOOLEY GO
FREE, VERDICT OF ACQUIT-
TAI BEING RENDERED.
Mrs. Nellie Noland, Who Sued South
ern Railway for $4,000, Com
promised for $3, ,500-Other
Cases Disposed OF.

first week of the spring term of cir
cult court. The week was devoted to
both dockets, and several impor-
tant cases were disposed of. On
Wednesday the suit of Mrs. Maggie
Fites VS.. the Bell Lumber and Man
ufacturing Company was taken up.
Mrs. Fites is the mother Of the late
Clifton Mcdaniel, who last February
met with an accident at the mill
which later resulted in his death.
Mrs. Fites sued to recover $4,000,
but the jury, after having heard the
testimony in the case, decided that
she was not entitled TO damages, and
rendered a verdict for the defendant.
Mrs. Fites was represented by Mr..
w. p. Stribbling, while the interests
of the defendant were looked after
by Col. VIM. Baldwin, and Mr.. Paul
Evans, of Memphis, representing the
Standard Accident Insurance Com
pany of Detroit, by which concern the
Bell Lumber and Manufacturing
Company is indemnified against loss
by accident.
Another suit which resulted from
the death by accident of an employe
of manufacturing concern was that
of Carrie Staples VS.. the Standard
Stove Works. Sam Staples, the hus-
band of the plaintiff, was employed
in the engine room of the plant, and
several months since had the misfor-
tune to lose his life by being caught
in the machinery. The Staples woman
sued for $4,000, and got a verdict
for $1,000. She was represented by
Mr.. W. P. Stribbling, while Col. VIM.
Baldwin represented the Standard
Stove Works.
The suit of Mrs. Nellie holland VS..
the Southern Railway viii not come
to trial, having been settled out of
court. Mr.. Henry holland, the hus-
band of the defendant, was killed in
an accident on the Southern Railroad
last year, and as a result of the ia
tality Mrs. Noland instituted suit for
$4,000. The case was on the docket
at the January term of circuit court,
but was thrown out on a teehnicaIity,
and the plaintiff given leave to file an
amended bill. The case, however, as
stated above, has been settled out of
court, having been compromised for
$4,000. The compromise was effect
ed by Mr. ". P. Stribbling, repre-
senting Mrs. Noland and Messrs.
Catchings & Catchings representing
the Southern Railway Company.
1t was generally understood that
the entire week would be devoted to
the trial of civil cases, and on Thurs
day District Attorney Currie, who is
a candidate for congress from the
Fifth district, left for the southern
part of the State for the purpose OF
resuming his campaign. Before leav-
ing Columbus Mr.. Currie approached
Hon. J. !. Sturdivant, and requested
him to act as district attorney during
his absence, stating that the position
would be merely honorary, as there
would be no criminal cases to try
during his absence. Mr.. Sturdivant
agreed to act as district attorney un- |
der these conditions, and everything |
went along smoothly until Friday, |
when the case against Tracy Green |
and his wife, who are under indict- |
ment for manslaughter, was called. |
Messrs. Orr & Harris had been re-
tanned by relatives of Ed Dooley, the
man who was killed, to assist in the
prosecution, refused to appear in the
case, and Judge Cochran appointed
Mr.. Sturdivant and Mr.. F. @. owen
to conduct the prosecution.
The testimony was printed when
the defendants were given prelim-
mary trial in the city court, so it is
not necessary to review it at this
time. The last witness left the stand
about 4:30 o'clock in the afternoon,
and few minutes later argument be-
gun. Mr.. Sturdivant opened for the
State, and frankly told the jury that
he did not ask for Mrs. Green's con-
viction. He said that she acted un-
der the influence and by the direction
of her husband in killing Dooley, and
was therefore not to blame. He said
that Green was legally responsible
for the homicide, and therefore
asked that he be convicted.
Mr.. Sturdivant was followed by
Mr.. z. p. Landrum, who appeared for
the defense, and who made an elo-
quent and convincing plea on behalf
of his clients. The shades of evening