The San Francisco Call. Newspaper, April 19, 1896, Page 16

16 THE SAN FRANCISCO CALL, SUNDAY, APRIL 19, 1896. MARTIN RECOVERS BIG DAMAGES, The Railroad Must Pay Twenty-Five Thousand Dollars. JUROR ROWE'S STAND. He Contended That Martin Should Receive Three Times That Amount. THE MAN A PHYSICAL WRECK. A Reputable Fruit-Dealer Treated Like a Hobo—Brilliant Victory for His Attorneys. We, the jury, find in favor of the plain- tiff and against the defendant in the above-entitled action and assess the damages for the plaintiff in the sum of 825,000. When Foreman Nathan Dodge handed in this verdict in Judge Daingerfield’s !h:d made no more bitter legal battle in the courts of this county than that of its opposition to the suit of George N. Martin for damages for having been thrown off one of its trains for no better reason than that a conductor did not like the way he | wrote his signature. The fight has been waged for three weeks before Jud e Daingertield. On the one side was the leading jury lawyer for the company, General Barnes, | and on the other, for the crippled plaintiff, | D. M. Delmas, The company had brought into requisi- tion all its tremendous resources in euch warfare. Witnesses were brought from the most distant parts of the country, passes and traveling expenses being paid and a general holiaay being provided. Many of the witnesses brought their wives along and put up at the best hotels. That great engine for supplying informa- tion to order—private information for public purposes—the Pinkerton Detective Agency, was enlisted to blacken the char- acter of the plaintiff. But it all went for nothing. After but a couple of hours’ debate in their room after the Judge’s charge the jury brought in a verdict for plaintiff for $25,000. The Southern Pacific Company knew why it was making this fight. It was not | to avoid the payment of $25,000 in this case alone. For the case of Martin is only one of a great number of similar recent indignities suffered by patronsof the road. The order went out with the inauguration of the new management that conductors must require the most exacting identification of passengers. In fulfilling these orders a great number of passengers holding bona- fide tickets have been put off the trains at various places. As stated, initiatory steps have been taken upon claims for damages for redress of these outrages that will run up in amount to a quarter of a million. So the court yesterday afternoon, General Barnes, | company knew why it was making in this MR. DELMAS MAKING HIS SPEECH TO THE JURY. [Sketched in court by a “Call” staff artist.] of counsel for the Southern Pacific Com- pany, turned white. It was. the first of thirteen similar cases pending, and $25,- 000 was a rather ominous'beginning for the unlucky number. Attorneys Delmas and Shortridge smiled at their crippled client, George N. Martin, who had been forced off a railway car ata lonely mountain station by em- ployes of the Southern Pacific Company because the company did not like his style of handwriting on the round-trip ticket from Sioux City to San Francisco, for which he had paid at full rates in gold. General Barnes rallied and asked to have the jurors polled. The question was put to each of them as to whether it was their verdict that the railroad company should pay the plaintiff, Martin, $25,000. Foreman Nathan Dodge, S. Fisher, Samuel Rosenberg, Albert Folsom, James F. Nou- nan, Charles A. Castner, William Mocker, G. W. Haskell and Cornelius Jensen re- vlied empbatically that such was their verdict. Jurors C. L. Stone and James Holland replied as emphatically that such was not their verdict, and E. P. Rowe replied : “That partly my verdict and partly not. Idivide it in this way. Itis my ver- dict as to the liability of the defendant, but as to the amount of damages I think it is entirely too small.”” The verdict”™ was entered, the court thanked the jury for their services and discharged them. It wasaiterward learned that the delay in finding the verdict had been caused by Juror Rowe arguing to the jury that the wrongs which the plaintiff had suffered at the hands of the Southern Pacific Com- pany, from the beginning of the affair to the end of the case, were such that $75,000 could not adequately compensate him for, Rowe called the attention of the jurors to the fact that as soon as Martin brought the suit the company had put the Pinkerton detectives upon his track and raked up everything that they could find against bim, because he had the temerity to sue the great corporation. 7 The verdict was the talk of the City last evening. It was generally agreed that the award of the jury was not excessive, con- sidering the brutal treatment to which Martin had been subjected after he had paid his fare, merely because a train agent, acting under instructions from headquarters, had conceived a whim to suspect him, Martin’s physical condition is most de- plorable. He is a confirmed invalid, suf- fering from locomotor ataxis, and moves about only with the greatest difficulty. He is engaged in business as a fruit com- mission dealer in Sioux City, and has been a large handler of fruit of California, Fior- ida and Massachusetts, which he distrib- uted from Sigux City throughout the Mid- dle West. His business has amounted to $100,000 3 year, and he usually has eight or ten car- loads of fruit standing on the sidetrack. It was shown in the evidence that on one occasion he bought the whole output of the Orange-Growers’ Association at River- side; yet the defendant’s detectives tried to make him out a little better than a hobo and a member of the beercan brigade. These tactics disgusted the jury. They thought that it was a very poor way to de- fend the company against the charge. « The Bouthern Pacific Railroad Company case one of the legal fights of its entire ex- istence. And it has lost. MR. DELMAS’ ARGUMENT. The Evidence as Reviewed by the Counsel for the De~ fense. Yesterday afternoon when the court- rooms were' all deserted and the doors locked and the clerks and Judges and law- yers all gone home and the jury were in their room deliberating, the corridors were still haunted by late-comers, who hoped to hear something of the wind up of the Martin case. . During the close of Mr. Delmas’ argu- ment in the morning the courtroom was the scene of the same crush and struggle for place that has characterized every day of the last week of the trial. Mr. Delmas took up the broker thread of his argument at the reference to the ticket-scalpers and Mariin’s alleged at- tempt tosell the ticket to them. He said that there was no proof that Martin had ever offered the ticket for sale at Ottin- ger’s or anywhere else or that the ticket had ever been bulletined, although the other side had expressly stated such proof would be furnished. Then returning to the handwriting and those round and sharp pointed M’s and N’s. The conductor at the Oakland mole 1n the proper discharge of his duty had called Martin’s attention to the discrepancy in the shape of these letters as written on the ticket and as written by Martin at his request, and Martin had thereupon written the name with the round points as he was in the habit of doing at times, ard the writing was satisfactory and the passenger was allowed to go on his way. This con- ductor had done his duty, and not acted like a man setting a trap for or trying to deceive the passenger. Any bank cashier would have done the same. The ennductor was not there to entrap his passengers. It was his business only to satisfy him- self of Martin’s identity and to do every- thing possible to do so. So he understood it, it seems, for he did not peremptorily take the ticket up and put the passenger off the train. Where is that first signa- ture—the first when the return trip was just begun—the one that satisfied Hubbard? It was made with the sharp-pomnted M’s and N’s that so troubled these conductors. Hubbard says he gave it back; Martin says he did not. Every other of the signatures secured from Martin, every business card, every other paper having to do with this, transaction is brought in here save this one. Why is that? It is because that sig- nature was just the same as this one, for ‘which the passenger was put off the train, “It is charged that this man was trying to perpetrate a fraud. If he wished to do so0 would he have ticketed his baggage with the name of George N. Martin and had his business caras and business letters with him bearing his name? “Why should & man who wanted any one to believe he was not George N, Mar- tin have carried such evidence around with him to frustrate his own plan—that plan being that he was not George N. Mar- tin? - ““It is an admitted fact that he exhibited all these evidences to the conductor, and it is not possible that he would have done so bad his idea been to make the conductor | | believe he was somebody that he was not.”” Then the question of the cane was taken up. The head of the cane was shown as the one Martin showed to the conductor. “Murray had said it was a gold-headed cane, but why was he not put upon the stand to swear it was not the cane? The fact remains that Martin had shown a gold-headed cane. The cane was presented to him by the Orange-growers’ Packing Company; he valued . it, and it shows that it has been often used. In his condition Martin evidently used it a great deal, and it is bevond a doubt that he had it with him at the time. The man who was be- hind Martin said he had seen Martin show a cane to the conductor. *‘Is it possible he would have done so had he wished to prove to the conductor that he was not George N. Martin? Would he have shown the names on his letters and cards, his match-safe, etc., if he did not want to prove that he was George N. Mar- tin? He said he showed his watch; Murray says to the best of his knowledge Martin did not do so. Simmonds says he thinks Martin did. He did not see the watch, but he saw Martin put his hand to the pocket in which a watch is usually car- ried; he drew something from his pocket and showed it to the conductor and the conductor leaned forward to look at it and he stretched out his hand and turned it over. It is admitted that he begged the. con- ductor to carry him to Truckee, where there were persons living who could identify him. And would he have done this had his purpose been to prove to the conductor that he was not George N. Mar- tin? In view of all these circumstances does it appear that plaintiff had himself purposely put off the train? I submit that he did not. Then did the defendants believe that Martin committed a fraud? If so why did they offer to return his ticket to him and recompense him for the time he lost by being put off the train and give him a Pullman berth? And all this when the inconvenience he was subjected to was, according to them, only the frustration of his own dishonest plans? The only construction to be put upon it is that they believe Mr. Martin was not a fraud, was not a cheat, that he was enti- tled to legal compensation, but that it should deplete the treasury of the railroad as little as possible. “‘If you believe,” continued Mr. Delmas, “that Martin was not wrongfully put off the train, then your further detention by argument is worse than idle. But, assum- ing that T have proved that Martin was wrongfully put off the train, I can go on and show what followed as a consequence.’’ Mr. Delmas then took up the events which followed immediately after the ejection of Martin from the train. It was reasoned that there had been a commotion when Martin was put off. At- tention was called to the fact that Martin did not take with him his satchel and overcoat, and that the conductor did not do so either. - They were carried out by the brakeman, because the hands of both the conductor and of Martin were other- wise engaged. Then, too, the brakeman had been called in; and what was the rea- son - for sending for him if Martin was going to leave the train as quietly as the defense bad said he did? Martin says he was violently pulled from his seat and was bundled out of the car, and this testimony was corroborated by that of Mr. Tracy, a passenger who saw it all. The statements of Collins, the brake- man, were next considered. Collins had said he was not present at all when Martin was ejected. To offset this testimony was the evidence given by Martin, by several of the passengers, and of Weston, the con- ductor, all of whom swore that the brake- man was there. The easiest way to prove that Martin had been roughly han- died, counsel continued, was to prove that Collins was not there at all, and that Wes- ton put Martin out alone; but counsel believed, when this was attempted by Collins’ staternent that he was not there, the defense had overshot the mark. The medical testimony then came under comment. Martin’s first ailment, thermal ataxia, was described as one brought on by sudden and great changes of temperature, but its change to locomotor ataxia was due to violence, to a wrench, and that this was done when the man was being cast from the train, The charge of Judge Daingerfield was delivered and the jury retired. General Barnes had suegested the day before that the case be submitted to the jury without argument. In his opening address Mr. Delmas made reply to this suggestion as follows, taking the occasion to pav a glowing tribute {0 Generai Barnes’ son, District Attorney Barnes. He said: ‘Was it not the universal sentiment of the bar that the only hope of escape for the arch-fiend who a year ago startled us with the double murder of the two innocent girls in Emmanuel Church lay in submitting his case to the jury without argument? Did not every experienced lawyer appreciate that, owing to the length of the trial, the number of witnesses examined, the variety of subjects touched upon and the exhaustiveness of the investigations made, there was a chance that the fallible memory of jurors might overlook some essential fact or their unassisted mind fail to perceive its im- portauce? Was not the reed upon which the defense leaned broken by the argument of the District Attorney—that argument which whil pointing out with the finger of unerring Teason every circumstance bearing uvon the prisoner’s guilt and demonstrating with un- assailable logic its relation to the case, clothed the orator's thoughts with that wealth and splendor of marvelous eloquence which awak- ened 1n our City the profoundest sentiments of pride and admiration—thatargument which, while 1t filled & Nation with wonder, was ac- cepted by all as the greatest which human ears had heard since that delivered in the Knapp case by.the immortal Webster himself? IfI cannot hope to reach here to such a height— few have attained, none have surpassed it— still, if you will grant me your patient indul- gence, I will endeavor, according to my meas- ure, to lighten your labors on the way. Asiatic Thespians at Sutro’s. There was a delighted audience of fully 5000 people at Sutro baths yesterday atternoon to witness the initial performance of the most famous troupe of Chinese singers, acrobats and jugglers that has ever visited this coast. The costuming was of the most elegant de- seription, and the tumbling and pyramid work esvecially took the crowd’s iancy. There are over eighty performers, instead of fifty as ad- vertised, and each one is an artist in his line. It argues well for the foresight of Colonel Robinson and Mayor Sutro that the lrouge was engaged, and there will undoubtedly be an immense crowd et the baths to-day, for the opportunity of seeing & thorough Chinese per- formance by such an excellent company of is one that every one will — e Little Marceau to Be Moved. Mrs. Harrington, president of the Children’s Hospital, has notified Judge Slack that Theo- dore Marceau Jr., recently piaced there by order of the court, must bs removed, as he is in danger of contagion if he remains there in his present delicate condition. As tie attor- neys in the case were mot available nothing could be done, but Judge Slack will confer with the attorneys to-morrow and try to find some place for the child to stay where there will be no chance of danger. e Williams Suspended. Richard Williams, the customs inspector, now under indictment by the United States Grand Jury for the unlawful landing of Chi- nese at this port, was yesterday suspended by Collector W&: on the strength of a telegram from the Secretary of the Treasury at Wash- ington. Ladies’ Southern ties, $1 45, all shades, every toe. Ryan & Ryan, 10 Mongomery avenue, * SHOULD BE UNPLEDGED Why the' Delegates to St. Louis Should Not Be Tied to One Man. CAN DO MORE GOOD IF FREE. Delegate Llewellyn, Supervisor Dun. can and Major Hoopet On the Overdue Cabinet Place. Major W. H. H. Llewellvn, delegate from New Mexico to the Republican Na- tional Convention at St. Louis, is at the Palace. Mr. Llewellyn is an attorney and largely interested in mining and other en- terprises. He has lived in New Mexico sixteen years. “The delegation from New Mexico is en- tirely uninstructed,” said he, *‘and in my judgment this gives the delegation a power it would not have if it was pledged to any- body. I hope the delegates from California and the whole Pacific Coast will likewise 20 uninstructed. If they will do so, I think California is almost certain to get a cabinet position. It would be very unwise for the Welt.e_rn people, and especially those on the Pacific Coast, to send instructed delegates, no dif- ference who they might be for. “By sending instructed delegates, the coast will be more apt to damage its infer- ests than to aid them. There is nothing to be gained by tying ourselves up in ad- vance to any one man, because if hedidn’t get the nomination, it would in a large measure take away the friendship of the man who might win. “On the other hand if the coast goes un- pledged every candidate will be our friend. “Select a delegation of representative men, who are thoroughly identified with every interest and in whom there is confi- dence, and then let the delegation go angd exercise their best judgment. By such a course as this the Pacific Coast will make itself -felt at St. Louis and, as I before re- marked, I believe California will be able to get a Cabinet position. This would please New Mexico, for what would give power to California would aid New Mexico and the entire coast. We buy much mining machinery here and other sup- plies, and hdve a great interest in San Francisco and California. I hope we will all be able to stand together at St. Louis, and with our unpledged delegates cast | our votes where they will do the most good and where we will be enabled to secure the recognition long overdue us.” Supervisor A. M. Duncan of Mendocino, one of the nine Republican delegates from Mendocino County to the State Convention is at the Grand.. He is very much opposed to the pledging 'of the delegates to St. Lous and thinks thgt if the delegates are pledged they will be badiy crippled in their ability to do the best work. “I would hate 'like everything to see California’s delegates go to St. Louis in ths way,” said Mr. Duncan, “for it would rob them of half their strength. They will be in a far better position if they are able to go entirely free, make friends with everybody and vote as they deem wisest after they get pn the ground. “Suppose the delegatesall zo down to St. Louis pledged to McKinley, and suppose there is a combination and he is unable to be nominated, what kind of a position would they bein? On the contrary if he cannot be nominated they ean change to Mr. Allison or any other good man. Per- sonally Tam in favor of Mr. Allison, but I would not have the delegation pledged even to him. “Dan T. Cole, the Harbor Commissioner, who is from Mendocino, and who we of the First district are in favor of for dele- gate to St. Louis, says he wants to go un- pledged, and I am for him strong on that account. He is for McKinley, I believe, first, and after that for some other good man like Allison.” **As far as I am concerned I am in favor of an unpledged delegation to the Repub- lican National Convention at St. Louis,” said Major W. B. Hooper of the Occi- dental. Forclose on to fifty years now California has been trying to get a Cabinet position or some other appointment that would help out the Stateand coast, but up to date we have never got anything worthy of the name. 5 “I'he politicians in the East have given us the glad hand till they got our votes and then they knew us no more. We have played soft and got our reward. *Now, if we go down?to St. Louis tied up for one man in advance—the delegatés pledged before they leave the State—how are we ever to stand any show to get any- thing? A certain man has got our votes and that settles it. “But if the delegation goes unpledged it can be in a position to be of real service to the man who will do most for Cali- fornia. Its hands won’t be tied. The delegates can act intelligently and accom- plish more in this way for the State. If they go down to St. Louis shouting for one man anc he doesn’t get the nomina- | at his_countr tion where will they be? How will the successful candidate feel toward them and California? “‘For ' these ‘reasons and many more which I could give if I had time I am not in favor of pledging the delegation. It should by all means go unpledgea. Itisa more dignified vposition for the delegates and their power would undoubtedly be greater. General Lucius H. Foate, who was a delegate from California to the National Republican Convention at Cincinnati, when Ingersoll made the famous speech nominating Blaine for President, is a firm advocate of an unvledged delegation to the St. Louis convention. His observation and experience in that convention taught him that a delegation to be useful and in- fluential should not be hampered or restrained by cast-iron instructions. Gen- eral Foote had the honor of casting the vote of California for Blaine, yet at the time he was convinced, notwithstanding all the enthusiasm and the great display of strength for Blaine on the first ballot, that some other candidate. would ulti- mately win the prize. Hayes was nomi- nated in the end. General John F. Sheehan said: I am in fayor of sending a delegation to St. Louis instructed for McKinley. I believe such instruction will reflect the sentiment of California Republicans.” Ex-Judge Van R. Paterson of the firm or Roagers & Paterson, having been urged by many of his party to be a candidate for delegate-at-large to the National Repub- lican Convention at St. Louis, and it being understood that he did not care to pose as a candidate, was interviewed on the sub- ject at the firm’s offices in the Nevada building yesterday. ‘When asked if he would be a candidate for delegate-at-large, he responded: ““I certainly shall not. Iam out of poli- tics; besides, I am too thoroughly en- grossed in my legal affairs to pay any at- tention to political matters,” Do you think the Californian delegation will be pledged? If so, to whom ?'’ “Well,” said the Judge, contemplatively, *in my opinion the Californian delegation will be pledged to support McKinley."” “Whom do you think will be second choice?” ‘“‘Allison, undoubtedly.” “Dame Rumor hath it, Judge, that you are opposed to pledged delegations. Is there any foundation in fact for the tale?”’ Judge Paterson was silent for a moment as if deeply engaged in thought. Then he answered slowly: “Well, as I am out of politics T am not prepared to say whether or not we should send a pledged delegation to St. Louis. For this reason my opinion may not count for much. ‘‘However, I am opposed to pledged del- egations on general principles. I think it radically wrong to send-a pledged delega- tion to any National convention. ““A pledged delegation is not infrequent- 1y placed in @ most embarrassing position on account of a change in corditions. For instance, McKinley .seems to-day to be the most popular candidate—certainly has shown the greatest strength; and ap- pearances indicate his nomination. At the same time something might arise to convince the delegation that McKinley could not be nominated or would not be acceptable. Then, again, he might ex- press a view upon some subject which would change the sentiment of the people of our State. The delegation would, in either event,,be plaged in a position where they would have to violate their pledge or stand firm and act agalnst their best judg- ment. “And,” added the Judge, “it is not a pleasant thing to be tied to a dead man’s bones.” MAYOR SUTRO REPLIES. Denies That Re Intended to Charge the Almshouse for Wood Supplied. The enemies of. Mayor Sutro who have been trying to prejudice him in the eyes of the public by claiming that he, as a public official, was selling wood to a pub- lic institution, were effectually check- mated yesterdey when the Mayor sent the following communication to the Board of Supervisors: It appears from the newspapers that Mr. Flannagan, one of my employes, acting on his own responsibility, has agreed to sell some wood to Mr. Weaver of the Almsnouse for §5 T cord, and the superintendent alleging that Be Baq. 10, pay. #8 & 0ord for the sems chak. acter of wood down at the wharf and there- after haul the same to the Almshouse. My wood is located very near that public inslituflon. It further appears that these facts have been commented upon as being in con- fliet with certain sections of law. It hess not been my intent 1o bring myself in opposition to any statutory provision. Therefore, to relieve any and all persons from any criticism, even ostensibly justified by the letter of the statute, my instructions have been given to Mr. Flan- nagan not to deliver any more wood to the Almshouse, and for the wood that has been delivered, it is my hope that the municipality will permit me to donate the same for the benefit of that institution, it not being my desire 1o demand any pay for the same. Very respectiully yours, ADOLPH SUTEO. —_———— D. O. Mills in the City. D. 0. Mills, the money king, of New York, arrived here yesterday endis at the Palace. The distinguished capitalist is looking well. Itis stated that he will remain in California about thirty days, p.s.!lnfi‘lhe time here and seat at Milbrae. Whitelaw Reid, Mr. Mills’ son-in-law, who has been at Pheenix during the last six months, is improv- ing in health, the Pheenix climate seeming to agree with him. In 1886 Bell’s method of visible speech began to attract widespread attention. 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