Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-05-11
AGATEMAN'S FURRY.
Mr.. Carr's Remarkable Statement in
Defense of Supt. Starr.
GATES OPENED In FEAR OF FOLK.
Interesting Testimony for the officials
Side Of the Case.
AN EX.MAYOR AND HIS PETITION

The trial of Superintendent A. B. Starr,
of the Fort Wayne Railroad, was resumed
yesterday morning before Judge Magee. r.
b. Johnston, Esq, in opening the case for
the defense, said the orders under which the
gates at Federal street are operated were
issued by Mr.. Starts superiors. The gates
were erected before he was made Superin-
tendent, and the rule relative to silencing
whistle and bell was adopted at the request
of Allegheny citizens.
E. B. Summerville, civil engineer, pre-
sented plan of the crossing, and gave the
measurements and grades.
J. K. Turner, Trainmaster, explained the
workings of the gates. He said the man at
the swing gate crossing the tracks is the
superior of the man at the safety gates
crossing the street. The signal lights are on
the swing gate.
Eliot Holbrook, Superintendent of the
Pittsburg and Lake Erie railroad, and
George S. Davidson, of the Pittsburg, Char
tiers and Youghiogheny, testified that the
safety gates were the best known appliance,
and superior to the old bell and fagman
system. Mr.. Franklyn B. Gowen, for the
prosecution, said they would admit the
safety gates were the best appliances, so q
number of witnesses on this point were ex-
cused.
Trainmaster Turner was recalled. He |
said two men are on duty at the Federal |
street gates. On the night of the accident |
Stewart Cunningham was in charge of the |
swinging gate. It was his duty to open it,
and the duty of the other man to lower the |
safety gates. From 125 to 13O trains and |
locomotives cross Federal street every "a |
hours, with about !, 900 cars
GATE LIGHTS MIXED.
E. B. Martin, the engineer of the train |
that caused the deaths, testified that on the |
night of the accident he was going west |
with q cars. The gates at Federal street |
were lowered as he crossed Sandusky street. |
As he got to Maginn's factory the swing |
gates were turned against him. He reversed |
the engine and stopped just inside the gates.
BE had not been running over three miles
an hour, and was almost stopped as he
crossed Federal street. As he approached |
Federal street the safety gates were down,
and the swing gates partially open, showing
a green light Then they were suddenly |
closed, showing red light. He reversed,
and rang the bell.
Mr.. Gowen read from the testimony at the |
Coroner's inquest to show that the witness
had testified that he blew the whistle, but |
did not ring the bell. Mr. Martin said the |
record was incorrect, and that his present |
testimony was correct. In re-examination
I'll.
from the car directly in front of the engine.
Had they rem fined on the car they would
not have been hurt. He also said that the
engineers run b the signals in the towers,
and pay no attention to the gatemen unless |
the latter flag them, when they stop.
AT the afternoon session Martins testi- |
mony was corroborated by his fireman, |
Tracey. The witness thought the engineer |
sounded the whistle, and said both of them |
reached for the bell rope. He couldn't say |
positively that the bell was rung.
Edward Gregg and Thomas A. Parke
were on the car. Mr.. Gregg said he heard |
both -histle and bell When the engine
struck the car there was no one on the rear
platform, to which he had run, but himself, !
the int%Snce being that the others had
jumped of. Mr.. Parke corroborated him.
SAW A MAN JUMP.
George Kearny, brakeman on the train |
which struck the street car, testified that the
train was going at the rate of two miles an
hour when the Federal street crossing was
reached. The bell had been rung and the
whistle blown previous to reaching the |
gates. He looked ahead and saw the en-
CINE crash through the gate. and saw man
jump or be knocked from the rear platform |
of the street car which was crossing the
track.
Thomas Dalzell, newsboy stationed near
the gateman's box, heard the whistling of |
the locomotive, which was probably at the
rear end of Maginn's factory, and also saw
the accident.
John S. Slagle, commission merchant
of Allegheny. and passenger on the street |
car which was struck, heard the shrill |
whistle of a locomotive and turned around
in time to see the headlight about 40 feet
from the crossing. Several parties rushed
to the platform of the street car, and then
the accident occurred.
George A. Kelly, druggist, and passenger
on the street car, testified similarly to Mr..
Slagle.
Leon j. Long, clerk in Criminal Court,
was standing on the southeast corner of
Lacock and Federal streets, and witnessed
the accident, He heard the whistle of the I
locomotive.
WARNINGS AND CHARACTER.
John McCord and A. j. Boyd, both pas
sengers on the street car, had heard the
whistle of the locomotive, but heard no bell
ring.
DR.. PearsleY was on the street at the
time and heard the whistle, and thought he
heard the bell also. The testimony of j.
NJ. Tatem, Jr., and John Billings, boys,
corroborated that of DR.. Pearsley.
Judge Over was placed on the stand and
testified to the good reputation borne by
Mr.. Starr in Sewickley, and also spoke
highly as to his reputation as being eau
tious railroad man.
Major W. G. McCandless, of Sherman
avenue, Allegheny, had been annoyed BY
the ringing Of the train bells and blowing
of whistles while they were passing through
the park. The witness complained of this,
and went to see Mr.. Starr, who referred him
to Manager Baldwin as q superior officer.
Major McCandless testified also to the good
reputation of Mr. Starr Rev. DR.. Allison,
of Sewickley, testified similarly to Judge
Over. Judge kirkpatrick, Of Sherman
avenue, Allegheny, had complained also to
some of the officers of the road about the
whistling, etc.
Commodore W. j. Kountz, at the time Of
the accident, President of the Pittsburg,
Allegheny and Manchester Street Car Com
pany, was sworn, and said he thought the
introduction of gates infinitely safer than
having the fagman standing in the middle
of the street. The witness thought no acci-
dent could occur if the gatemen discharged
their duties hOnorably.
Upon cross-examination Commodore
Kountz was asked: "Do you think rail-
road manager should pay more attention to
the sentimental nerves of few gentlemen.
or to the lives of people?"
The witness answered that the gates, if
properly attended, would dispense with the
necessity Of bell ringing, etc., and that, had
he been in Mr.. Stars position, he would
have acted likewise.
HE RAISED A FLURRY.
The testimony of Patrick Carr, at the
time of the accident and still in charge of
IL - L. IT,. 1