that proper care and attention was not given to the negro. Had not seen the negro before the day he visited him as already stated. Considered the negro to have been between forty and forty five years old and supposed he was worth from eight hundred to one thousand dollars.
Here Plaintiff rested his care.
Defendant to sustain the issue on its part offered as a witness
Glennon who being sworn testified that he was employed by the Mr. J. [?] Whitner and was engaged overseeing the hands in laying track on the Pensacola and Georgia railroad. Esop the negro in question was one of these hands. Mr. Whitner hired Esop from the Tallahassee Railroad Company and witness superintended for Whitner. Esop never handled the rails. He had not the strength, and was put to light work such as ramming dirt under the cross ties. He complained for several days and was permitted to lie up in camp. Witness did not think him much sick as he was up and down and came in and out as he pleased. Witness directed that he should be cared for and he received as much care and attention and fared as well as all other rail road hands when sick including witness himself. The negro complained of a pain in the side but he did not appear more sick than other negroes on the same work had been, and the same care and attention was given to him as to