Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1872-03-16

1WCulN-slNlh. cnan9O, L SrCSt, w AZ
reu and Erie counties.
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TIE COLLISION AT WEsTPoRT.- On
Friday last, at the Office Of Alderman No
bic, further hearing of witnesses was had
in the case Of Patrick Mccormick, engineer
OH The mail train which Co!lidcd last Au-
gust with the 1st Freight, near Wcstport.
The Commonwealth was represented by
James Deisc, Esq, and VIM. Parsons Esq.
The defendant was represented by Chas.
Mccormick, Esq.
j. NJ. johnson, messenger of the Union
Express Co. on the train, sworG that after
the collision, while their bodies were in the
wreck, he took orders from the pockets of
Mccormick and Uyman would recognize
the orders if seen." They were shown,
he said he got one of them from Pat. Nc
Cormick's pocket this order was the only
paper he noticed in his pocket; handed it
to Fireman of freight took McCOrmick's
watch and pockct-book at same time; took
everything out of his pockets it was in
his side vest pocket took no other papers
out of his pockets. Mccormick was con-
sciOus enough TO know him, and called him
by name. When the train left Remove it
was 30 or 10 minutes late. Lyman did
not appear 10 be in a hurry when they left
/ Wcstport. lie gave orders to 20 ahead
/ lie asked deponent il he was ready to go
ahead, and when he said he was, the mo-
{ ton to 90 ahead was given.
J. +. Davis, Telegraph Train Runner,
swore that he issued the orders to Hyman
and that the latter signed for them; show
| cd the record OF the order which he gave
/ to Lyman ana the latter's signature order
was deliYercd at 7.04, A. NJ, which was
| behind time Mccormick was not in Office
when orders were delivered didn't know
/ whether he heard them read.
/ Frank Clement was iagman on Express
! freight morning of accident. Saw Hyman
! at Remove heard some one ask him where
| he was going for Empire freight said he
was going to Westport for lst and Clinton
/ for ID saw Lyman call Mccormick aud
! read the order to him order was not to
pass Wcstport Lyman read sOmthing of
a piece of paper not to pass Westport until
lst section freight passed Westport and ID
/ passed Clinton then he handed paper to
/ Mccormick. On Oss-eXaminatiun, said
he couldn't say anything about Pats hear
ing the order read; Lyman handed Pat
the order didn't know whether 1t was the
order or what il was saw him hand him
n piece Of paper didn't notice what Pat
did with the paper. On the redirect, saw
Lyman hand piece of paper in his hand,
and heard the words | spoke. Order was
shown witness). These are the words he
said never saw the order before, but re-
member the words spoken.
TIE DEFENCE
called III. Frecburg, an Engineer. Had
known Mccormick about two years he
cannot read, and can only write his name
he is not hard of hearing.
John Robbins saw the Conductor Give
the Engineer the signal with his hand tC
go.
/ George FELTON,, freight Conductor, san
Lyman cone out of dining-room at Reno
vo had something in his hand, and heard
Crawford ask him where he was going tC
stop for Empire Freight, and he said al
Westport for LIST and Clinton for I'd dit
not hear him call out the order to McCOr
mick if had been paying attention, cOulC
not have helped hearing it if it had beer
; given.
, Charles y. Sherwood lives at WestpOTt
is lumber dealer went TO wreck tount
piece of clothes Mccormick had laid on
/ 1t was vest; some papers sticking il
, pocket; took them out one was train
order dated three or four days before als'
a meal ticket, SOME papers, live cen
, piece and a Catholic emblem; saw traiy
leave depot, and saw Conductor motion t
} Engineer to go on saw Johnson at wreck
| did not see him at Westport; took paper
out of vest pocket two or three hours afte
: wreck had occurred; don't think McCor
3 mick's name appeared on any of them
read the order found gave it to youn!
= man at Remove that did not know thinl
( it had been issued August "A I; vest wa
r checkered, torn open behind up to collar
/ Johnson recalled-did not recollect colo
of vest out Of which order was taxed yes
was on his person then, but it was sool
taken of by being torn up the back, ant
9 supposed it was left lying there asked
woman 20 look out for Mccormick; tool
out the order while she was present sh
: read it in my hands she used to be al
9 operator at Driftwood.
] j. F. Davis, in rebuttal, swors that h