The Birmingham age-herald., 1910-10-15
JURORS AND COURT
 DELAYED ON TRIP
Made Personal Inspection Of
 Railroad Work
TRIAL WILL END TODAY
Arguments in Tally Matter Are Ex- pected To Be Brief-Jury Should Have Case Finally
 By Noon

The special train over the Illinois Gen. tral bearing Judge William l. Grubb or the federal court. the jury and lawyers in the case of Ben Tally against the Ala bama Western, owned by the Illinois Central, returned to Birmingham last night shortly before 10 o'clock. It was de- tained four hours by a derailment.
 The jury was carried to the scene of the construction involved in the s100,000 suit of Ben Tally in order that they might form accurate opinion of the character of work performed by the plaintiff in building the line
 It is upon classification of rock and dirt that the case hinges. The special trip of 90 miles made by the federal court in this singular manner was devoid of unusual incidents. When the train | rolled into the station last night those who made the trip would only say they had most delightful time and were merely "lookers."
 | The trip occupied the whole day. dur | ing which time that part of the work | performed by Ben Tally as a sub-con- tractor for the Tally-Bates Construction company was subjected to the closest scrutiny by the jurors. They were not allowed to discuss the case with the att torneys and were simply permitted to ab- | sorb what impression they could gather from the work as they viewed 1t. | A pick was carried along and at sev- eral points of the work the engineers who have been on the stand as experts were permitted to make incisions into the em- l oF
 This was in order that they could see
 what rock formations were in existence
 now and what portion of the work was sandy or clay.
 The various sections of the work which
 were shown by photographs presented
 to the jury were gone over by the in- specting jurors. They are reported as having made comments.
 ] It is expected that the case will sud- denly come to an end today before the court adjourns to go to the fair. The court. as is generally understood, has agreed to permit the jury to be excused at noon today
 | It was stated last night that this trip of 90 miles obviated the need of several witnesses and that short arguments would l only De necessary touay TOT the case to reach it's conclusion. Tt was given out last night that only three or four hours will be required to argue the case. Mir. Percy will not require more than one hour. Ills speech will be between those of MT. Ewing and General Wright for the plaintiff
 The lawyers consuming one hour each would settle the case with the charge of | the court easily by noon.
 | The case has been on trial for the past week. It Is a suit of Ben Tally, contractor. for s10O,0O0, claiming that l this sum Is due for labor performed upon | the line of the Alabama Western between
 Haleyville and the Mississippi state llnes | The case has been sternly contested from beginning to end and the arguments to- day are expected to be of special inter est MT. Ewing will open for the plain
 tiff, MT. Percy will follow for the de- | fendant and Gen. Luke E. Wright or
 Judge Almon will close for the plaintiff.