, 1873-10-24
PUFFENBERCER.
Ills Trial on the Charge of. Man.
slaughter.
Lr-ui..cta~ cos Of Ito L.c|ont T'.::as'cr
and KILLING oi n,L~r :.
EraCs.
All tho Testimony In..-Argumcnts and
Verdict To-day --- Tho Watch-
Stopping Question Again
Revived.

Stopping Question Again
Revived.
The trial Of Jos,,a Prcnbcrger The coal-tran en-
gncer, wlIu togathor with Dcauct tho conductor, waa
intctcd for mailsnugher, for canaing the dcath OF
Roger ]. Draaa, at tho Sag bridge dsnstos was co'
nucl In tito Criminal Court, beforo Judge Williana
yesterday morning. Tho court-roona was crowded
with Spectators, mud puTonberger accompanied "
his young md drvotcd wife, sat conpoacy alongHstn
bis counsel, Mesars. Firun, UurelI, aHl clarlen W.
Ounstnte. B:Atoa Attorney 1ec cot opposite. rtAdy
for the fray. 50
THE JURY. :.
Il took from o'socs until u1f-rast II to impare1
tho Jury. Tho following 1ro tho naineB ot ,slo
successful jury1nen: Hurry n. 0rosbec1
eopyist, Recorders Office; Charles L. Walters,
,4k; Thot,ns r. 1udewullc, clerk; John
u. Crandnl, clork Anderson Miner, mason; Robert
Wndue, carpenter; John uwhcat, salesman; George
F. Clark, merchnnt Geoogo f. Ridley, painter; john
Wright, caterer: Churlos A. Holbert salesMan Henry
A. Forsyth, salesman.
After Tie trpancling Of tho Jury, stato's Attorney
Reed atlo brief statement 10 the1, sasing that this
plye wna ono Of great Importance. It would not 10
necessary 10 provo that rncnbcrger virtually killed
Roger j. DraBs, that he did Intentionally run into
Tho passenger .rnin. II case Of 1,iasaf1gher,
which crime consists OF criminal negligence IN the
hn,1nn bong without due caution or crcun1spcction.
ue would provo beyond doubt that tho
defendant ran his train without due can-
Hon or eirrunaspcctiou. llo would prove
that tho defendant had been nn engineer
on tho Chicago Alton Rond, and that ho left Lctnont
knowing train No. 4 WIS duo at tho time. lie would
provo that ho was off time and behind tme and nh
der s rifles of tic Company. 1t vas Ills duty to keep
out ct tho way Of nil passenger traus. Through this
auB careIcssness logpr j. Brnss lost his lfo These
must be nught that they cannot rcckcfsy plough
through huan bciugs who antrust themselves 10 their
TESTIMONY FOR PROSECUTIONS.
Tho counsel for tho prosecution waived their OPEN
ing address, and tho prosecution called tho first wit
ncsH, Ars. Cathurinn nrass, who, bong sworn testified
as follows Roger ]. Drass WIS tny husband. 1o Is
now dead. 11o died tho 10th Of last AuglAt. Saw him
Inst at halfpnst o'clock the evening Of the lsth
Left homo to go to Dwight, ILL.,; brought hono
tho next day, dead.
John Stevens testified that hc Coroner Of Cook
County at e time of tho uccident and TINT he held
inquest u body of H. J. Drass, on tho 18th day
OF August, ut No. 165 Huron street.
Dr. William D. Pierce. sworn: Lives ut Lamont ia
physician and surgeon went to tho place oi the aG
w*s alive at TINT tsmo died nbout O'Clock In tho
nlor,.ing. His death was undoubtedly caused by
Norman s. Barnes, sworn: : Reside at No. 328 West
Madison street. AM ,hyslctan an.l surgeon. Won't
Saw H. ]. Drnss about haf paat T. Was present when
he died. His death was caused bs scaldng.
CyDss-runtntd mi positive ho dod from Bca1a-
wounds received By the accident.
The Rev. Futlicr Jatnes Converse, Bworn Reside
at St. Lona lived ut chicngo on tho 18th Of August;
Louis: IiEass previous to the accident: he ant
orpouito to mo after tho accident called TO
lis recognized him by aome marks in hts features.
. John a. jnckmnn, sworn Am Mastcr h1cchshlc
tho Chicago / Alton Railroad know rui!cnhergur
he hus been ~ engineer On our road ran engne No.
Horny Russell, conductor Of passenger train No. 1,
nnl Thomas j. Huston, Local Station Agent at L.
full At tic time Of holding tho inquest.
George Hammond, nworn: Was fireman under
PnncnGcrgcr nbout the lat Of August
Queatlon-DId ycn Hce pusrenpergcr examine tho
timetable or rules ut slias time2
Objectca to by counsel for defense, and objection
]. G. aicMulcn. Superintendent Of tho chicngo \
lho same M Ao did before tue Coropor'a Jury.
1eed then rena Tue s rss n
Here tho prosecution rested iheir case.
THE pEFESsE
Mr. Constantine Of counsel for defense, stat ed 10 tho
Jury TINT their case Was very simple Que. That willie
was thu duty Of tho engineer to look over the orders
given by tho conductor, tho engineer in this caso bud
il allowed o'clock. md thus deceived, he thought ho
had plenty Of tMo 70 EeAch tho next station. They
@aep and await oteHs e
Cured the defendant jumped %. compared his watch,
and found TINT Il behind time. They would huve
to acqult the prYoner because As deceived by hs
watch, md had done no Intentional wrong wintcycr.
Tie first Witness called by tho defense was Ly1nAn
.c,lroaI conductor the Pittsburgh |. Fl. Wayne
Ron for the last seyon years. Ho WIS about to relate
bis sr s 5 soRs Il ts hs
Irrelevant
Tue Court sustained tho objection, saying TINT he
voull gladly allow Ay Testimony to 60 in that tended
towards showing that puilenbcrgor's watch stopped
but that another mans watch stopped on entirely
different occasion, waB irrelevant.
wanted to Prove by this, as well as other Witnesses
nnt hs haa on
show that sheso watches commenced to again on
Collin Spear, sworn: Am conductor on tho Chicago
l. Alton ialroad. Havo been such for about twelve
M to nes of aeeden S
night and saw putIcnbcrgcr. who looked az II he
ha1 sst g.. VI fsom M ss snsrt , ,r
eay to him?
6bjested 10, ,s sna oe'sst'en ct sustained: IL!
; Anawer-Ho Ind watcll In his hand. looked at
Il; It Indicated IS minutes aftor9; BY my watch IT wns
Mr. Constdine appcalod to The Court in eloquent
terms to allow the witness 70 state what Pueubcrger
saa when 10 mt him. Tho ony x ho
mun-was dead, and lhe lips Of tho defendant were
closed by law. Could It DO possible for tue Court to
exclude such ovdence2 1t would work great injustice
upon them II this testimony waa excluded, and lin
client might go to States Prison at ouce.
The Court satd he Ind to try the caso by tho orl
nary rules Of eyidcnce It might DO hard for tic
defendant, but It was NO harder than In tho easo ol
sir CONSTANTINE asked tho witness il }e x1,d The
.defenaant ig;,9ant apy % question at tho tsmo'
:; hlr. Constautino-what waa ait7
! NitneHa-I askcd him how did 1t occur.
) Mr.. Consantinu-What dill Puffenburgor say then
Rlve conversation Tint occurred after the disaster
Mr.. Reed then road number OK opinions and decis