The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-07-02
MID-AIR TRAIN WRECKING.
TIE BOYs VINO OBSTRUCTED THE NEW
yORK ELEyITED ROID.
One Acquitted. Evidently to the Annoyance or
Judge sutherinnd-What Was snid About
the Boys Getting the Passenger Watches.

One Acquitted, Evidently to the a annoyance OF
Judge sutherinnd-Whnt Was Said About
B the Boys Getting the Passengers Watches
Tho jurors smiled yesterday when four
little boys. with tcar-stalncd. tcrror-strickcn
faccs wero led To- the har Of the General SEES
eions. Their movements were reluctant. and
they seemed TO be moro disposed to huddlc
close together than to range themselves prop
erly In line. The bar OF tho General Sessions
Is extraordinarily low or even the crowns OF
thor heads must have been hidden. All the
boys wore dark clothing. the coats being Of the
sack pattern. There was only ono shirt collar
md ono neck tic-a rcd luttcrny-among tho
boys and both encircled the neck OF the young
est. The boys were Henry Albcrs. ngcd II;
Henry Barschow. aged l0 Vim. Schultzc. aged
10, and Dugad Thompson, aged o. charged
with obstructing with paving stone the down
track Of tho New York Elevated Railroad. oppo-
site % Greenwich street on tho 18th OF June.
Henry Albers chose a separate trial just be-
fore the trial was begun. David Dudley Fold.
Jr.. counsel for the road seated himself by tho
side OF Assistant District Attorney Rollins, the
prosecutor.
In his opening. Mr.. Rollins said that the law
does not hold to responsibility for crime per-
many boys in this city to-day who. even under
this age. know more that IL undesirable than
their fathers did at twenty, but still the law
makes this arbitrary boundary of RESPONSE
billy The BOYS nj the bar are all over this age.
Hn0 deemed iully ftSponSlnie unuer the law.
%r.. Rollins then said that he would make a
bold move In calling TO the stand, without
having had any conversation with him. Henry
Barschow, one Of the prisoners.
Henry Barschow testified that tho lattice
york IN the sides Of the iron pillars Of the New
20 the BOYS Of the neisRb6rhood. T6eS ike to
climb by 1t to the track. There they ait until
train is near. and then thoy drop between the
pross ties. and hang by their hands while the
Train thunders over them Al about half past
Tho Xitnpaa shifting ktulliug wood "A
lhe street door Of his home. and Alhcrs.
Schultz, and Thompson joined him. Albers
said. Come up and have some fun on the
track. Let's make the cars Jump He de-
'clinod 70 20, but they persuaded him. They
cat down Thompson told some funny stories.
and they were all much amused. just then
on a cross tie He picked up the garment, and
having shaken i out TO see whether ANYTHING
lie. AIbers pcked i up rolled /, up. and put il
down on the wooden guard rail. Barschow
did not see Albcrs roll stone n the garment.
When they saw u train coming they hung down
from the cross-ties until it passed, Another
train passed. anu then they awaited the coming
of another train. But before II came they saw
police officer walking toward them In Green
witch street. Schultz and Thompson slid down
the nearest posts. but ne and Albers Jumped
upon the awning of a barrOom. entered the
blecping rooms in the second story, and climb
You say. Mr.. Rollins said. that you want
oil TO see the cars jump. Was nothing said about
getting the passengers watches, II the cars
"Thompson said that about the watches
didn't" was Barschows sullen response.
John j. Mcpherson, gato man at the Morris
street station OF the road. testified that the con-
ductor OF train 81 reported at about 6:35 that
there was an obstruction ON the track, and that
one OF the wht lis OF the dummy was broken.
fow minutes later George Leonard. the en-
gincer Of train g. reported that the dummy was
nearly Iolted from the track by the same OBJ
struction. Then Superintendent Ondcrdonk
directed him 10 call police officer. and look for
the boys who had INSTRUCTED the track. He ran
down Greenwich street, when Albers and Bar
schow saw him. they spranR upon an awning,
and Schultze slid down post, but Thompson
ran on the track direct toward train Ii. which
was rapidly approaching Had he not Jumped
to an awning. he must have been dashed TO the
sidewalk. As train is got opposite 10 the house
at 92. he saw pair OF drawers fall from the
track. and then. second later, a paving stone
fell. and splashed into the gutter. The train
Jared them from the track.
, Abers on the stand. denied having put the
stone on the track.
:" The other boys are bad. suppose" Mr..
Rollins said but you're not.
We're all bad Albers unblushingly replied.
The jury having deliberated only half an
hour. acquitted Albcrs.
The inference may be drawn from what Judge
Sutherland said in dscharging Albcrs that he
was dissatisfied with tho acquittal. "Albrrs. "
he said. stcrnly. though you have been ne
quilted. | must say that the evidence shows
that you did much that you ought not to have
done on the Elevated Ralway'track. II you are
ever arraigned here again, you may he assured
that you will be tried with uncommon caution
and diligence, You are dischargel,N