Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-02-14

minutes before he fwitness) heard that
the accident had occurred--saw him at
Hechler's. Went with Whitlock to the
wreck curiosity was raised by seeing
the hacks, &C., going to the spot.
Had been with Whitlock ten or twenty
minutes before this.
WHO CHANGED THAT SWITCH.
Thomas w. Joyce, an employe Of
the Chesapeake and Ohio blacksmith
shop, was sworn aud examined as to
his visit Of the wreck also testified to
the fact that after that day he carried
q message from Policeman Baker to
Hopkins, asking Hopkins to come to
the Third station-house.
Several Of Bakers statements he
fatty contradicted.
At that time witness lived near the
wreck. Got there early. He met
man, who asked him, " Who changed
that switch?" Witness replied. "Who
in the I'LL do you reckon?'' Thought
the question was discourteously put, and
therefore answered it in that way.
Aftevnoon Session.
Mr.. Allan: Your Honor, the book
that / wanted from the Chesapeake and
Ohio Company has been handed me. /
will not offer il as evidence to show the
Sundays that Hopkins was in or out of
the city, as it would consume time and
is not necessary after the testimony
heard by the jury for the defence; but
| will offer C.. II. Enos's statement.
Enos was brakeman of No. 4, the
train that was wrecked and caused the
death of Engineer Hall. 1t corrobo-
rates the testimony Of Tom Joyce
lproving that he was the man that Enos
saw and spoke toy.
The main points Of difference in the
statement made by Enos on the witness
stand and those made to the company
on the day after the wreck were that
on the day after the wreck he stated
the man was five feet eight or nine
inches and weighed lG0 or 10 pounds,
and was a good. stout man ; while on
the stand he said he was about five feet
six inches and weighed about $50
pounds. In his statement to the COM
pany he testified that he saw the switch
directly after the wreck, and it was
locked to the side-track with the hasp
fastened down by the lock. Other wit
nesses had testified to seeing it some
time after the wreck, when the hasp
was locked over the eye, but was not
fastened.
The report was read by Mr.. Allan to
the jury, and after having finished it he
submitted the case.
Mr.. Witt then rose and stated to the
jury that he had no remark to make,
and that they could decide the case for
themselves according to the evidence.
Mr.. Allan lin his seat: | have not a
word to say; you have been here long
enough.
THE VERDICT.
The jury then retired. but remained
out only few minutes when they re-
turned.
Mr.. Lawton. clerk of the court
Gentlemen Of the jury, answer to your
names.
They answered.
Have you agreed upon a verdict?
Sergeant Lee ; Hopkins, stand up.
Mr.. David Mitteldorfer Qoreman)
We have.
Dir. Lawton: Is the prisoner at the
bar guilty or not guilty:
Mr.. Mittcldorfcr Not guilty.
Judge Holiday: Mr.. Hopkins. you
are discharged.
Mr.. Witt then entered a nolie prose-
Qu in the case of Whitlock.
There is now pending in Judge Well
ford's court suit for damages against
the Chesapeake and Ohio Railway Com
pany, brought by the widow Of Engineer
Hall. Most of this testimony will have
to be repeated in that case, and Hopkins
and Whitlock may also give in their evil
dence.