The Mena weekly star., 1909-05-13
DAMAGE SUITS
 AGAINST RAILROAD
Three for S2.000 Each Go Out op a NOn-Suit-Hung Jury in the Will Gates Seduction
 Case.

0it(AAA (OAtt NAo Ouof Wlku railroad damage suits Thursday, J. B. McDor ough, attorney for the Kansss City southern, being here representing the coml any.
 The Joplin damage suits were first called for tual. As recently mentioned in The Star, there were three suits brought through !. l. Alley, arising from the death of FreddIs Joplin and the injury of his brother, Levi, each suit for $2,000. These boys ran away from the home of their father, Will Joplin, September 20, 1908, got on a through freight going south from Mena and jumped off the train at Wickes while 1t was running at high speed. From injuries received, Freddie died. It was charged that brakeman on the train took l5 cents and pocket knife from the boys for their passage and that railroad was guilty of negligence in permitting the boys to ride on tho train and not cautiouing them against the dangers arising therefrom or from an effort to jump from the train while it was in motion. When 1t came 10 the proof in the case this morning MT. Alley, who was also assisted by J. $. Lake of De Queen, was unable to establish the charge h a t { h perso wh ol came to | h c boys an demanded that they "turn their pocket out for the pay for rid ing was an employee of the rail. road and they admitted that if he had been he was acting beyond the scope of his authority in re- ceiving pay and would not place the company liable as in the case of regular passenger.
 Levi Joplin was placed on the stand and stated that a man who was sitting on top of the cars ahead of him came back to them, but he could not give any state meut to show that he was a brakeman. He stated that the man was not carrying a lantern. although 1t was after dark. The theory of the defense was that some tramp played the part of brakeman and took the boys money, and that the trainmen did not know they were on the train.
 During a recess in the trial Levi Joplin was taken into the witness room to see if he could identify the brakeman who came 10 him and his brother. Point ing out George Randall, Levi said, Il believe that is the man" Randall was the head brakeman on the train, and according to the location of the boys (uear the rear end) would not come in contact with them in the regular course of his duties.
 Laying aside the theory of responsibility because Of the taking of fare, the plaintiff produced authorities in support of their theory that the railroad was responsible for the negli- gence in permitting the boys to ride aud not putting them off, but after considerable time taken up ID arguing these points of law, the plaintiffs took non- suit and the case was dismissed without prejudice.
 There were three of these cases, one for the death of Freddie, one by the father for the loss of this boy services, one tor the injuries received by Levi.
 The case of state vs. Will Gates, charged with seduction, which was on trial Tuesday and Wednesday, was given to the jury Wednesday n g ht. Thursday morning, after reporting they could not agree the jury was dis charged. They stood eight for conviction and four for acouittal.