Historical Newspapers of South Carolina

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STORY OF CASEY JONES TOLD IN PROSE. WIDOW OF POPULAR SONG HERO , AWARDED BIG DAMAGES BY h SYMPATHETIC JURY. N? Mary E Jones, widow of Casey Jpnes, who was killed in a wreck on IT 8, M ?*oilrnnH flhfUlt two ? vpc llt X' VX iU AUlllVMvt) miles east of Reno, last winter, was awarded $40,000 damages against the railroad company by a jury in the circuit court yesterday, says the Kansas City Star. Artemus Quibble, attorney for the road, said the verdict would be appealed. Mr Jones, or Casey, as he was familiarly known here, was one of the most popular engineers on this division. For 10 years previous to his death he had held the throttle on No 6 and was widely known in every town from here to the coast. His many friends here will recall the af, ? fecting scene when he kissed his wife good-bye at the station! door when he left on the fatal run. No 6 left here at 4:30 o clock that morning with the Western mail eight hours late. The caller had called Casey a few minutes before, and with his usual promptness he had responded. His wife accompanied him to the station, as was her wont, and 1 waved him a farewell as he mounted a to the cabin of his engine with his jf orders grasped firmly in his hand. - She never saw him again. His train ^ met No 4 head-on just east of Reno Hill, and Casey lived only long f enough to express a dying wish to his fireman. | The case, which was closed yesterf day by the verdict in Mrs Jones's favor,had been bitterly contested by the railroad company, which sought to prove that the accident which resulted in Casey's death was due entirely to his own negligence and recklessness. The two witnesses upon whose testimony the company chiefly relied were Michael C O'Toole, who v fired for Casey on his last run, and "Wash" Flannagan, a switchman. Both were reluctant witnesses, and the only damaging admissions they made were brought out on cross-examination by Mr Quibble. Mrs Jones's case was conducted with i great brilliance by her townsman. Hon J C Calhoun O'Grady. - Mr Quibble drew from Mr O'Toole ^^cross-examination that Casey had WTd him it was his intention to make up the lost time, even if he had to "run her till she left the rail." "What was the condition of the P water in the boiler?" Mr Quibble asked. "It was low," the witness admitted. "Can you state of your owm knowledge," Mr Quibble pursued, "whether Mr Jones's watch was correct the morning of the accident?" Mr O'Grady objected to the question but was overruled, and the witness admitted that Casey had told him his time-piece was slow. Quibble brought out further that Mr Jones had- ascertained the fact . that the watch was wrong at the same time the discovery was made that the water in the boiler stood at the danger point on the gauge. A sensation was created a few minutes j] later when Quibble, by adroit questioning, forced the witness to admit ; that Casey had expressed the belief that both of them would be dead on reaching San Francisco. "Was it your understanding of ^ that remark," Quibble asked, "that a Mr Jones intended to run to Reno Hill at an excessive rate of speed?a ' rate that should be dangerous and bly invite disaster?" O'Grady objected to this on _ round that the questiob was misleading and tended to establish a conclusion of the witness unsupported by the testimony elicited. The court sustained the objection. "Tell the jury if Mr Jones gave you any instructions before the collision occurred," Mr Quibble resumed. "Yes,he told me I'd better jump," the witness answered i "Was there anything said about reversing the engine or taking any precaution to avert or lessen the imf pending impact?" "No, sir." "You can state, then, to the best of your knowledge and belief, that at the time Mr Jones advised you to jump he considered the collision not ??qva!(1qK]o hnt imminent?" "The witness will answer, me* court ruled. "They were," said Mr O'Toole slowly and reluctantly, "the Atchison, Topeka and Santa Fe and the Missouri Pacific, especially that part of the latter system running between Atchison and Lenora, Kan, kDown as the Central branch." "Take the witness," said Mr Quibble, triumphantly. I More damaging admissions were i drawn from Mr Flannigan by the same adroit questioning. He had testified on direct examination to the peculiar moans that emanated from the engine as the train approached Reno Hill, and Mr Quibble sought to show that they were characteristic of the engine when Casey was at the throttle, and indicated that he was pushing it at high speed. "Did the sounds you have described indicate to you who was at the throttle?" Quibble asked the witness subtly. "We object," O'Grady shouted. "The sounds made by the engine are not binding on the witness. They have no probative force whatever and do not tend to prove any issue in this case. We submit, your Honor, that the sounds, if ?*ny,made by the engine are themselves the best evidence. If the defence desires ' ? ? ? ?1 a! I CO prove anyuuug uj mciu ici mv sounds be introduced in evidence." Mr O'Grady won his point, the court holding that the engine was not a competent witness. Mrs Jones, under the careful handling of Mr O'Grady, made an excellent witness, telling her story, simply and directly. She was dressed j in deep mourning and wore a heavy : biack veil. She told of her marriage ! to Mr Jones in Vincennes, Ind, in ! 1888. They had met a firemen's ball, j Mr Jones then having a job firing on the B & 0. The watch, she tesl j tified, which Casey had carried on his last run was a wedding present from Harmony Lodge, B L P, and never had been known to vary a minute in 24 hours. She had boiled his breakfast eggs by it,she said, lor 20 years. "Did Mr Jones express to you any presentiment the morning he left on his last run, of any impending calamity?" Mr O'Grady gently. "He told me,-" she said, sobbing, La true siiio " mat l>UC ivut nno uuv The Judge rapped sternly for order and admonished the spectators that any demonstration like that, if repeated, would result in the room being cleared. "No, no, you misunderstand me," said Mr O'Grady soothingly. "I mean did he express any fear for his safety on his engine that trip?" "He told me he expected Reno Hill would get his goat sooner or later," sobbed the widow. t I yjllij UIIC4 tWIUUViV ........ "I reckon he did. He said the lo- j comotives were going to bump." i "After the collision did you return j j to the wrecked engine and find Mr Jones?" "Yes, sir." "Was he still alive?". "He was pretty far gone, but he was still breathing." "What, if anything, did he say to you?" "He said he wished he could live I | long enough to obtain employment on two other roads. He said?" "Now, your Honor, we object to this alleged conversation between the witness and the deceased," protested Mr O'Grady. "All this is nothing bat hearsay evidence." "If the court please," said Mr Quibble, "we desire to show that Mr Jones was of a reckless and adventurous disposition. We have already laid the foundation of the proof by establishing that he was running at a high rate of sDeed, with the water low in the boiler and a watch that could not be depended on. I submit now that it is competent to show by his last words that even while gasping in death his foolhardy spirit still entertained a project more daring than he; ever before had given proof of. I ask, your Honor, that the witness be directed to tell the jury the two roads the dying man expressed a desire to ride on." IIO UUUUL, Will uc auic wu juugv whether you did or whether you didn't. I will ask you now, Mrs Jones, to examine Exhibit A,which 1 a hand you. It is the watch was found g on your husband's body. Can you e positively identify it as the same ? watch that was given yon as a wedding present.as you testified on your ^ direct examination?" a "It is the same," replied the wit ii ness confidently, turning the time- c piece over in her hand. p "Can you tell the joo-ray if Mr q Jones's watch contained anything 1 inside the case by which you would $ be able to identify it conclusively?" ^ <4It had my picture in it," said Mrs Jones.again giving way to tears, f "Be so good as to open the case ^ and see if the picture is there," said \ Mr Quibble smoothly. ' [ The widow did as she was direct- < * ed and gazed with something of a | start at what met her eyes. < "Is that your picture you seel, there?" purred Mr Quibble. "I?I?sure it is," faltered the witness faintly. "Will you state to this joo-ray," thundered Mr Quibble, "that that picture is not the picture of the * 1 *? 1' TT llAnflA of "You may take the witness." said e Mr O'Grady. i "Now, Mrs Jones," began Mr v Quibble, "I will get you to state to this joo-rav what your financial re- c sources are at the present time." t "Mr Jones had a month's pay e coming," replied the witness, strug- c gling to repress her emotions, t "There is also his death benefit in It the Brotherhood of Locomotive En- s gineers. That is all, except a small t amount in the blue chaney mug on d the mantel?if Casey didn't take it a out when he left that morning." a "Very good. Now, Mrs Jones, I r will ask you to tell the joo-ray on t your oath if you ever have received s any financial assistance at any time or in any shape or manner from any a engineer,fireman, conductor or other ' person connected in any way with c the Salt Lake Line. Take your time, f Mrs Jones." S "Never!" declared the widow v firmly. "Not a red cent." a "Not a red cent. Very good, v Now, Mrs Jones, once more, I will is ask you to state to this joo-ray C whether you did, or did not, upon t1 the occasion of your husband's h death, hush the outcries of your chil- r dren by assuring them that they had n another papa on the Salt Lake Line, v or words to that effect. Think care- h fully, Mrs Jones, and remember you. j are on your oath." I "I never told 'em no such thing!" d snapped the widow. And her fool; o began to tap ominously on the floor, c "Very well, Mrs Jones, very well. Pray don't excite yourself. If you. ii didn't,you didn't. Just confine your- t self to stating the fact; the joo-ray, " ? ? J Li * 11 Ua okliii f a inrJ rrci (vidence and would be of no probatve value whatever." The objection vas sustained. In his instructions to the jury the :ourt said if they found anything in he testimony that seemed conclusive evidence of contributory negligence m the part of the railroad company, hey should bring in a verdict for he plaintiff, and if they didn't they houldn't. The jury was out only hree minutes and brought in a verlict for Mrs Jones, fixing the damiges at ?40,000, although she had isked for only ?20,000. They also ecommended that the president of he road be hanged and the directors ent to prison for 10 years. In a statement given out immedi;tely after the trial Mr Quibble said: 'We shall appeal this this case. We an prove that one man on the jury ormerly was an engineer on the !alt Lake Line. One is a grocer to rhom Casey Jones owed a large bill ,t the time of his death and to /horn Mrs Jones had made a prom5e of payment if she won this case. \na nthpr inror had a cow killed by I he K. F & M, and another sold his ouse and lot to the railroad for a oundhouse two days before a tenlillion-barrel oil well was struck /here his back porch had stood. We ave information that three other urors were Populist members of the legislature at one time* and introuced a bill providing that a directr of the railroad should ride on the owcatcher of every train. "I shall file a bill of exceptions immediately and carry the case to he supreme court."?Xeics ? Conr. ?r. Forced to Leave Home. ' Every year a large number of ioor sufferers whose lungs are sore nd racked with coughs are urged to ;o to another climate. Put this is ostly and not always sure. There's better way. Let DrK:ng'sNew: )iscovery cure you at home. "It ured me of lung trouble," writes V R Nelson of Calamine,Ark, "when 11 else failed and I gained 47 pounds i weight.* It's surely the king of all ouglr and lung cures." Thousands we their lives and health to it. It's ositively guaranteed for Coughs, !olds,LaGrippe, Asthma, Croup?all 'hroat and Lung troubles. 50c and 1.00. Trial bottle free at M L Alsn's Why do you spend your noney for inferior tobacco vhen you can buy HERRY WIDOW from the People's Mercantile Co, Kingstree, 3 C, at the same price that die common kind will :ost you elsewhere? 7-27-8t W? MaaafaAar* Doors, Saah ami Blinds; Columns and Balusters; Grilles and Gable Ornaments; Screen Doors and Windows. Wa Deal la Glass, Sash Cord and Weights. hMu-W)! giri in cne narvey eating uuux ai. Reno?" "I never saw the creature," retorted the widow icily. "That is my picture?I used to wear my hair that way." "Taken when you were?er? younger?" inquired Mr Quibble softly. "Now, if the court please," said Mr O'Grady, rising, "I must object to this line of questioning proceeding further. The issue sought to be raised here is wholly immaterial. Will the learned counsel maintain here before this Judge and jury that that fact would have any materiality in this case?" "Oh, not at all, not at all," assent ed Mr Quibble with a knowing smile I " "D?oir lat it noes If I m me jui v. t iojt my learned brother objects I will not press it further. That is all I desire to ask the witnes3,your Honor." Barney Quick, the conductor of No 6, was called and identified the train order under which he was running the day of the accident. The order was read to' the jury by the direction of the court,and was to the effect that No 6 should take siding at Bungville water tank and wait for No 4 east-bound. "Why did you not wait there according to orders?" Mr Quibble de-r manded. "We object," said Mr O'Grady. "The train order has been introduced in evidence here and is the best evidence. This witness's interpretation of the order could only be secondary i 1 \ r S the Tors, Action and Durability or a Stieff Piano is only equaled by another Stieff Piano and is the only ARTISTIC STANDARD nn iw > ?w w . I sold direct from the factory to your home. CHas. M. StiefT, Manufacturer of the piano with the sweet tone. -X" SOUTHERN WAREROOM, 5 W Trade St, Charlotte, N C. O H. WILMOTH, Manager. J Hacker Manufacturing Co. Successors to 6eorge S. Hacker & Son . Charleston, S. C C0LU1V DOUBLE-DISC R A different selection They fit any m W AW m rm w ? They are made to fit the feet, combiningjc Prices range from $1.00 to $5.50. HATS, HATS, from 25c to $4.00?the kind that are made head to fit the hat. We ask the ladies to call and look over ou DRY GOODS and N( Satisfaction or money back. We also car VtZt Slielf KCaxd It will pay you to see oi i Are you open to conviction? If so, come have the goods?all we ask is a trial. YOURS TO PLEAS , T. "W. CO"W. 9 Wholesale and R y ja i^t j . tj? t t ATLANTIC COA "r The Standard Railroad of theS i "Nation's Garden Spot"Throi * Virginia, North Caroli I olina, Oeergia, Alabam; FOUR FAMOUS ,, "NEW YORK AND FLOR (January to Apr ii "FLORIDA AND WEST IN "PALMETTO LItf * "COAST LINK KLOKI ? 9 Dining-Cars?a la carte service. All year around through car servic 9 both Port Tampa and Knight's Key, i M 9 ships to and from Havana. ? > For beautifully illustrated booklets pie Folder" address W. J. CRAIQ, T. C. J, Passenger Traffic Manager. Qei T WILMINOTON, N > m ? i. H<? * ? That tells the who! that at 65 cents for Double-Disc you get a I- J il on eacn siae, man vou c fore at $ 1.20 for the sa tions. Get a catalog! Carolina Furniture > -^f 1TOTJ is the time to open your eyes. Our prices We have on hand at all times a full, fresl X G-EOCSE Everything kept cool, fresh and inviting. 1 R I C E and f l Compare our prices with others Dry Goods, Shoes, Hat are up to date. Everything QHOFSt SHOPS! ! M j^65c. ft "ft ?; '! 4* mK JjgBBB&r IBIA ECORDS | on each side jr4 achine ^3flH # kM e story except . '' the Columbia ' 'p better record, ver bought heme two selec ? i Company fj -'v; r7- %ZL are eye-openers, i and complete stock of iss; x ?Ve make a specialty of OUR. . Our lines of s and Notions known in SHOES! :omfort with latest styles. k HATS, to fit the head, not the t r line of )TIONS. . ry a line of .ware, it" lr stock. | i and be convinced that we R I ^ I > :m etail. | jji I|I ^ ST LINE J iouth Ramifies the Mp ugh the States of na, South Oar- "" j j, and Florida, t ? ? TRAINS IDA SPECIAL" f IDIA LIMITED,, "p IITED" *? DA MAI:*" :e from New York to * connecting with steam ?? and copy of the "PurWHITB, , t jeral Passenger Agent.