The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1889-11-08


The trial OF the three young men, Hi
and the Roifs, under indictment fol
wreoking the Southern paciac train at III,
Lebanon Junction on the aSth day Of Jul,
last, whereby Jack Miller an engineer, ans
Quint C;utherle, a fireman, lost their lIvel
came Oh 10 be heard IN the circuit cour
Tuesday. The defence deciied totry III,
accused separately and the dIstrlct astor
ney announced that w A IiItl would b,
tried fret. r Baltimore. l. calsvan
Frank Prepst. {; NJ s5eidsndofer, Johr
Holt, john Beard, Edward Evans, NJ +
wllds, A Fram, Jacob Glenn, Geo Taylor
and ] X Riley, were called and accepted
] W cuslek, II M Perry, r NJ Miller
Jas Matched, Marion Thomas and ! D NIL
Ter, were called and excused for cause
JD Mccoy, Z L Knox, r X Humphrey
and L Il Parrish, were called and excuses
by defense.
EGcox called and excused by the
court.
The case on the part OF the state wal
stated BY Mr. Northrup Of Portland, ant
Judge Whitney on the part Of the defense
L iinton, a witness on the part OF the
state, testified as fellows; Am conductor
on Lebanon branch. Was SO on July aSth
last. II was Sunday. Saw def't at depot
hotel between 8,ss and $40. Met deft and
two Rolfe boys. They wanted to ride on
engine 10 Froman's. Told them they could
not. That was the last saw them. II was
In the evening. Overland train was AZ
minutes late. We left station at e;os. Our
train went en- TO switch. Fsund II out OF
order. A stone was between the rails, re.
moved Il and pasaed on after turning the
switch back. Overland pulled oat at oas.
We were Of the switch from three 10 five
rninutes. After removing the rock switch
worked all right. THIS IL an automatic
awlteh. Had the rails been thrown back to
their proper place the South bound train
would have gone over all right. II rails
were one Inch out Of place engine would
have been derailed a. certainly as II they
had been three Inches. Saw nothing out
VI the way but the stone. Did not examine
closely. II was quite dark when we passed
switch. Think Il was the younger one Of
the Rolte boys that talked TO at depot.
John conser testified as follows Am
conductor, been 80 u years. Left Portland
on July aS,h tSundsy) In charge OF over
land trala. Arrived IN Albany At s;ss and
left at sits. BY the jar knew we were oH
the track, Went out OF car and heard steam
escaping. and helped Miller and Guthrie
out. Engine lay on her side. Steam blew
on engineer and fireman and sealded them.
Rails were halt thrown--that 10 thrown
half the width Of the rail. FiAngs struck
center OF rail- and deralled the engine.
Sketch OF switch al junction was here In
trodncsd. Were runniRg at 40 10 7s miles
when we reached the switch. Maxium
schedsie tlme 10 Is miles per hcur. (Wit.
ness here explained a. length the condition
Of the switch and its general workings.l }
Miller died Ia less than a hours and
Guthrie on Monday week following,
Don't think any oae got to the switch aiter
the accident before did. Put Miller on
train next morning. Never saw him after
that until he was buried. Cause Of his
death was sealdlng.
Mr. Wait testified as follows; Am read
master on the Soaihern Pacific from Port
land 10 Rsseburg. Am familiar with ihs
Here witness was shown sketch of switch
and explained the workings OF the switch
10 the tury.l First saw switch az hours
after accident. Came with wrecklng
train from Junction. Move rail about an
Inch and Aange would slrlke end Of rail-.
Have no knowledge a. 10 who tampersd
with IT, Ties were all new when the
wreck occurred. The only reason we
changed ties was because they were cut
up 30 BY the nsngss oi the wheels.
Sleeper stopped on end OF rails Only
Eve switches arc In use. inyesied 10 1880
Mr. De CLARK testified as follows; Am bridge
superintendent. Explained split key used at
switch. After accident found rails At switch
half the width out Of place. tIfere Mf De
C.aTk Was handed the Skrtsh and explained
the workings ~ the swiseh.l Have expert
mensed with that switch. Went out with
grand jury and II worked just ss have here
explained, Know nothing about the pun bcing
lost except that VIC could not find s. Looked
all about tie switch for Il. Know nothing
about the condition OF the switch before the
accident happened. The tampenng might
have been done any time since noon Of that
day 20 isr rs know. Don't know what kind
OF pin was In switch before accident. Over
land train has preferences over all other srains
when delayed. Man could not remove pin
with his hand. woaid have to have tool
10 remove Il. Could remove Il with a stone In
or 5 minutes.
Or Bevin. Reside in Portland. Am physi.
clan and surgeon. Was called 10 see Miller
and Guthrie At 81 Vincent's hospital. They
were both badly scaided. Miller died in sn
hour after he was brought 10 the hospital and
Guthrie in about week. They both died
from the effects of the scalding.
Thomas Ffomsn. Am farmer Live thres
miles south Of Albany. Know dcit Hill. Saw
him hfst 10 Tune when hired him TO run en-.
CINE At threading. Remember time Of aeei.
dent Hill was IN MY employ ,htn. On day
Of ACCIDENT he was al my place until ) o'clock
in the afternoon when the two Rolfe boys and
HiIl got some money and left for town. Did
not see them until next morning, Then told
Hill 10 start the engine, When got TO the
heid Hill said he had broken his arm and
could not work. lie said nc had laid on Il the
night-before he went 10 town TO haycit attend
cd to. Returned at In the afternoon. Said
his arm was broken lie said there had been
a wreck. Think he said one nan was dead.
Showed me medicine the DR. had given him
TO pour on his arm. Hill s,aid round until
night. Another gentleman told about the
wreck. On Tuesday morning Hill had fred
up but told him 4 had another man. On
Tuesday evening Hill limped considerably.
Hill staid all night at my place Tuesday night,
On Wednesday at So'clock Hill and came ts
town. Hill could hardly get into the buggy.
Near Hackletnan's grove told him he could not
work very soon and he had letter 60 home.
He said there was man in my crowd that
caused the wreck. | asked him who II was.
| lie said he would not give him away for any
thing. told him that 1t lay between him and
the Rolfe boys. He then said Bert Role was
1.-THE cause Of II. lie took out the pin and put
| In the stone, Hs and one the older Role
went on and Bert came running saying he had
part OF the Southern Pacific, told him that
he hurt his leg at the same time he did hii
arm and he said 81 reckon" While in The
buggy Hill said that he had told the Rolfe boy
! that IL the wreck matter was found out theJ
would be In bad box. Nothing unusual Il
the action Of Hill. Know not what was th'
matter with Hills arm. Tuesday morning hi
| condition was all right. On Monday evening
/ he said he had powders which the DIR CAV
him. Said his arm panied him. Green wen
/ to town Saturday evening, lie did not return
i until Monday morning. Heard him say hoth
| ing about the wreck, Hill did not work an,
Monday 4 eycning. He slept half an hou
Monday evening. Tuesday evening his arm
was swollen, bel eve he complained Of pai
i ia his right leg. Could see no difference i
q his condition On Tuesday evening and Wed
,,.nx.ttxtx ,toff.fn0 faraIttar &