Evening journal., 1889-05-17
sVnsNce oE 10 AccIDeNT.
Testimony Taken Yesterday Afternoon
in she @40. 900 Damage Case.


Testimony Taken Yesterday Afternoon
in the $4,000 Damage Case.
At yesterday afternoons session Of
the Superior Court the 500, O00 damage
case Of Parvis VS.. the p, W. & B. r. r.,
was resumed.
Oliver B. Jamison. who was on the
stand when court adjourned in the morn
ing. said he believed that the train was
going at the rate of fifty miles an hour.
Mr.. Gray objected to the question on the
ground that the witness was not an
expert, but the question was sustained
by the court.
Alfred Hevalow was on the road when
the train passed. He heard no whistle
or bell. There was no moon, but the
stars were out.
Richard Hutchison testified as follows:
The train came by very fast while be
was going between the carriage house and
the house. He heard no bell or whistle
as long as the train remained in sight.
Edmund Riland, a passenger on the
train, testified that he did not know that
any one had been struck until the train
stopped. The train was running about
as fast as any train on the road. Wit
ness heard no bell or whistle.
James Daley said he was on the road
and heard the whistle at the moment
the train reached the crossing. II was
one short toot. The train went fourth
of mile beyond the crossing before 1t
stopped. He heard no bell or whistle be.
fore the toot at the crossing.
Mr. Massey directed the cross exami-
nation Witness said that DIR. Parvis
gave him 13 cents to ride from Mt. Pleas.
ant to Middletown, and he ran to the
station to catch the train, getting at the
station minute before the train came
He did not hear the bell ring at Frogtown
crossing
George Waldman was on the train that
killed DIR. Parvis. He was in the smok-
ing car. As the train passed the cross
ing there seemed to be crush and he
thought the air brakes had been put on.
The train ran long distance before
stopping. When the train had stopped,
he went forward TO the engine and as.
sisted to remove the pieces Of the car.
riage from the cow.catcher. He then
went back and was the first to come upon
the body Of DR.. Parvis. He was appar-
emily dead The conductor came up and
said 1t was DR. Parvis The horse was
below the embankment
Charles j. Jones' colored employed by
DR.. Parvis, was on the train that killed
him. He was going TO Middletown. As
they approached Frogtown crossing he
heard neither bell or whistle until the
train got past about distance of 900
yards, when the engine footed and
stopped AS the train passed the Frog
town crossing he felt jar and said to the
conductor I'VE have struck something. =
He at once pulled the rope. After the
train backed he saw the carriage seat
and the buffalo robe on the COW catcher
of the engine. DIR. Parvis' body was lying
between the tracks dead. He was put on
the buffalo robe and carried into the bag
gage car.
On cross examination by Senator
Gray, witness said he did not hear the
bell.
William II. Loper was also on the train.
He did not hear bell or whistle. The
brakes were suddenly put on at the cross.
ing, but the train ran 200 yards beyond
the crossing before it was stopped. He
thought the train was running very fast.
Here ensued a tilt between Messrs,
Constable and Massey over a question re-
garding the speed of the train.
James Massey, colored was at Dick
Hutchison's, putting up the horses, when
the train went by. He heard no bell or
whistle, and remarked it to Mr.. Hutchi,
son. The train was running pretty fast
The wind was northwest that night.
Thomas r. Hopkins swore that the
wind was northwest.
Henry G. Ellison said that the carriage
top was about twenty yards south Of the
whistle-post, which was 800 yards from
the crossing. The horse was twenty-five
or thirty yards from the crossing.
Garrett j. Hart, the brother Of the
plaintiff, was put on the stand and testi-
fed to the marriage of his sister and Dr.
Parvis The doctor was Al years Of age
when he was killed and in good health.
His business qualities were above the
average. He applied all his time to his
business and was successful At B. 80
court adjourned until this morning.