Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-02-14
HOPKINS ACQUITTED.
THE yURY OUT FIVE MINUTES.

| xv,,...... for the Commonwealth Break
~ che Casc-An Aiihi Proved by the
| Prisoner.
At the opening Of the court yester-
day Mr.. Edgar Allan, counsel for the
defence, moved the Court 10 award
subp0nd duces tecum against the Ches-
apeake and Ohio Railway Company
commanding them to produce the fol-
lowing papers
Detective Wren's report of his inves-
tigation.
The time-books Of the company,
showing where Robert Hopkins was at
work on each Sunday in December,
1884.
The written statement Of Enos, made
in Mr.. Hudson's Office the day after the
wreck.
Mr.. Witt said that he should object
to the report of Mr.. Wren being used
as evidence in this case.
Mr.. Allan said that he did not know
that he would offer il as evidence, but
wanted to use it for purposes Of the
defence.
Judge Holladay: The clerk will issue
the writs.
THE SWITCH IN ORDER SHORTLY BE-
FORE THE WRECKED TRAIN CAME
UP.
Mr.. Bragg, an employe of the Chesa-
peake and Ohio Railway Company, was
sworn and testified that he examined
the switch as late as p. NJ. of the day
Of the accident, and it was all right then.
1t was his duty to walk up and down
the track in the daytime.
Mr.. S. ID. Harris, night-watchman
Went on duty at 6 p. NJ. ; saw switch
soon after that hour; it was all right
then. Had no orders to look after this
switch, but was in the habit Of doing
so. Examined it for the second time
about ten or fifteen minutes before the
wrecked train came in. 1t was then all
right. This was valuable evidence for
the defence, as it has been held that
Hopkins and Whtlock changed the
switch when they went up there with
Baker, which was much earlier. At
the time when the watchman made this
second examination Of the switch, say
about s o'clock, the testimony for the
Commonwealth showed that Hopkins
was in the city, and nearly two miles
away from the switch.l
On second trip to the switch witness
went up there with Robinson. This
was ten or fifteen minutes before the
wreck.
To the Judge; know that ! exam
med that switch at the times stated.
TO Defence: examined the switch
after the accident and saw that it was
changed to the side-track. That was
certainly the fact when saw it.
There were several railroad-men
with lanterns standing around the
switch. The boys and girls were
gone; had ceased visiting the spot at
the time of the wreck saw Baker and
Holloran come up there previously after
the girls.
Here Baker and Holloran were called
in court. Witness recognized them and
stated that he had seen the two men
up there after the girls but it was not
the evening Of the wreck. If they were
up there that evening he did not see
them. and he was where he could have
seen them.
Here the Commonwealth closed.
For Defence.
Archibald Hutcheon, stone-contractor,
sworn: According to my time-book,
kept by Mr.. Sale, now deceased, Hop
kins worked for me from 7 A. NJ. to 6
2. NJ. June 18th. Books show that he
made full days work on the 10Th.
This cOntradicts Mr.. Baker and Dir.
Holloran.l Did not work on the 9th.
Worked all the other days Of the week.
Hopkins appears TO be stone-cutter
as well as acknowledgement.
THE TOOL-sHARPENER.
Mr.. James Oliver, blacksmith for
Mr. HutcheOn. testified that he was
sharpening tools at the stOne-yard in
June; was paid twenty cents per day
for each man. Got paid for sharpening
lIopkins's tools on 10Th; was there
fore sure Hopkins worked that day.
On cross-cxamination by Mr.. Witt wit
ness could not swear beyond the fact
that he got pay for eight men, and be-
lieyes Hopkins was one Of the eight.
Hadn't particle Of doubt about it, but
he charged for eight men without giving
names. Fight men was the largest
gang they ever worked; therefore Hop
kins must have been present.
Further on witness admitted that he
could not show that Hopkins was pre-
sent. but he believed so was - sure he
was
WHERE HOPKINS WAS ABOUT &
O'CLOCK.
Mr.. NJ. Carmody: Keeps bar at
Seventeenth and Marshall. Saw Hop
kins in his place about s or Q o'clock
p. VI. on the day Of the wreck; twas
before witness heard of the wreck.
Hopkins came in and asked for drink.
Said he was going up towards the shops;
that he thought there was something
wrong up there. as he had heard the
omnibuses going away. A man named
Cross was with him. Hopkins came
back later and informed witness of the
accident; that was about the time of
arrival of the body at the depot. Hop
kinS was not excited.
In the croSs-eXamination Mr.. Witt
made a good deal of the fact that be-
tween s and 9 o'clock Hopkins had
said there was something wrong up the
road, and that he was going up towards
the shop.
1t was nearer Q than & o'clock. wit
ness said; the hacks and omnibuses
were coming back from the wreck
lwherc they received the passengers.
WHERE HOPKINS WAS BETWEEN I |
AND : T.. NJ.
Mr.. Sam. Cross Day Of wreck saw
accused between : and & (that is. be- |
tween sunset and dark, near Seven
tecuih and Marshall ; never left him at
all until we went 10 the wreck together. |