THE FARMER'S WAR AGAINST MONOPOLIES. 109 



satisfied that such blows had been given, a verdict 

 should be rendered accordingly. This bit of common 

 sense gave a new opportunity for the exhibition of that 

 wonderful subtlety called ' law/ The Supreme Court, 

 after the usual tedious delay of several months, in 

 which plaintiff and witnesses had abundant time to die, 

 gave the New York and New Haven Railway Corpora- 

 tion another opportunity to fulfil their threat of making 

 it ' terrible for the public to fight it, right or wrong.' 

 It decreed that the judge had no right to give an 

 opinion as above, but should have left the question for 

 the jury. Accordingly a new trial was granted, which 

 took place in June, 1871. Up to this time three people 

 connected with the suit had died, and one witness for 

 the plaintiff had moved to Kansas ; while young girls 

 who were on the train when the outrage was committed 

 had passed from girlhood through long courtships and 

 were already matrons. However, with the impetuosity 

 of a youthful temperament and the knowledge of a just 

 cause, I made another onslaught upon the corporation 

 after only thirteen months' delay since the last trial, 

 and eventually obtained a verdict of thirty-five hun- 

 dred dollars damages, after one hour's deliberation by 

 the jury. 



" For the fifth time the road demanded another trial, 

 which being refused by the judge, they again appealed 

 from his ruling to the Supreme Court. They asked the 

 judge to charge the jury, that if the plaintiff had a 

 tendency to hernia, or any physical disability that was 

 liable to be increased by violence, the plaintiff ought to 

 have so informed the employe's of the road ; and failing 

 in that, he, and not the road, was responsible for tha 

 consequences. According to the railroad theory, there- 



