Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1913-06-21
Damage Suit Growing Out Of
The Night Rider Raid
in 1907.
TAKE REST OF THE WEEK
Witnesses OF The Defense We're
Being Heard Yesterday. aE


the City Of Hopkinsville for $40. 900
was called Thursday morning and
entered into.
The jury was impanelled as fol-
lows: j. l.. White. r. l.. Vaughan.
j. F. Russell. j. B. Haddock, j. E.
Payne, James Gamble, w. l.. Buie.
Jas. Mitchell. t. o. Marques. Pey-
ton Rogers, Walter Yancey and u
G. Goode.
Mr.. Tandy is represented by
Breathitt & Breathitt and Trimble
& Bell. and the city is represented
by John c. Duffy. c. H. Bush and
w. H. Southall. City Attorney.
The plaintiff sues to recover the
loss sustained by him in the night
rider raid of Dec. 6-7. 1907. when
warehouse owned by him and &C.
cupied by the Tandy & Fairleigh Co.
was burned. The suit is brought
under an act that holds a city respon-
sible for losses sustained in S
when property owners have notified
the municipality that they are about
to have their property destroyed and
have exhausted their own power to
protect it and failed to do so. In
such cases. the city refusing to afford
] protection is responsible for losses
sustained.
Mr.. Tandy was the first witness
He relied upon rumors of danger
that had been current for year or
more, as notice to the city authority
that his property was about to be
destroyed. He admitted that he had
given no notice himself and had not
asked for protection or in any wsy
attempted to protect his own prop
erty.
Mr.. Tar dy was on the stand prob-
ably two hours and was followed by
many witness whose testimony was
intended to show the unsettled con-
ditions in the county surrounding
Hopkinsville in 1907 and to fix the
value of the property destroyed.
On yesterday morning deposit
| ton of Edwin Hodge, of Henderson
was read giving correspondence he
had with Chas. M. Meacham. Mayor,
Nov. 81. 1907. asking protection from
a mob feared on or before Nov. q.
1907. Under date of Nov. %, 1907.
he expressed satisfaction that the
trouble had failed to occur.
The jury was sent out and the de-
PENDANT moved to dismiss the suit on
peremptory instructions as the plain
| tiff had not shown that ne had given
any notice of expected danger and
the only notice given had proved to
be an idle rumor. The court said
he would hear both sides and the
jury Yves called back.
Mayor Chas. M. Meachsm W a
placed on the stand at 10 o'clock and
his examination was not concluded
until 4:30 o'clock.
Chief of Police Ellis Roper told of
the disposition Of the police the night
Of Dec. 6. four all night and two
who went off at midnight. Went
home about midnight. no trouble
apparent. Reused by the fire about
II a. m. and came down town and
heard mob leaving when | got to
18th street. Found the police Office
shot up and from there went to the
l.. & N. depot where the firemen
were fighting the fire. but unable to
put it out.
Joe Claxton was policeman that
night and told Of the attack on the
police Office. Looked like so or 100
men armed and shooting. had a 81
pistol. Started out back way and met
squad Of II. who ordered me back.
Had just returned from a patrol.
saw nothing wrong. Fifty police
men could not have defended the
town from the mob all over town.