Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-05-10
WHO is RESPONSIBLE
For the Issue of That Order Affecting
Railroad Crossings?
COUNSEL SAYS Mr.. STARR is NOT,
But Tries to ShoW That Higher Authorities
Gave it Out
BIG LAWYERS In THE RAILROAD TRIAL

Yesterday Superintendent A. B. Starr, of
the Fort Wayne Railroad, was placed on
trial on the charge of criminal negligence.
The case grows out of the killing Of Miss Har-
riett Weyman and John NJ. Culp at the Federal
street crossing on November s, lSS7. Judge
Magee was on the bench. Franklin B. G0wan,
Of Philadelphia, formerly President of the
Reading Railroad was the leading attorney
for the prosecution. He was assisted by d.
T. Watson, ]. NJ. Collins and Clarence Bur-
leigh, while John S. Robb and Rlchard john
ston appeared for the defense. 1t was said to
be D. I. Watson's first practice in the Criminal
Court although he ranks as the leader OF the
bar in the civil courts.
Mr.. Watson opened the case by quoting the
railroad act of 1865 in reference to the duties of
railroad employees and defining what conSti-
tutes negligence. He held that the order
issued BY Mr. Starr prohibiting the use Of bell
or whistle at city crossings where there are
safety gates, made him responsible for the &C
cident.
W. s. Bell was placed on the stand and sub
mitted photographs of the crossing, including
the curve below Federal street. Mr.. Robb OBJ
jected to the view of the curve, as the train
was not coming from that direction, but he
was overruled.
HOW IT STRUCK.
NJ. NJ. Elder, conductor of car 40 of Manches-
ter line, testified that when his car got to the
crossing the gates were turned A train passed,
the gates were raised and the car was started.
His car passed safely, but the car behind was
caught by the gates being turned. There was
no whistle or bell signal until the engine came
out on the street. He saw two people and the
car struck about the same time
On cross examination Mr.. Elder said his car
was coming to Pittsburg. The gatemen were
all there and the gates were In working order.
The car that was struck crossed the south
track as his car crossed the north track. he
IL y,.N&.a hafo lodi hn
done SO he could have seen the train approach
He did not notice the whistle until the car was
half over. The locomotive was then 80 feet
away. The people who we're struck jumped OF
the rear platform in front of the train. If they
had not jumped they would not have been
struck
Upon the reassembling of court in the after
noon Charles Seaife, one of the passengers on
the car that was struck, narrated the details OF
the accident. He heard no whistle nor bell
rung previous to the car being driven on the
track. The witness said that had Miss Wey-
man remained seated she would not have been
injured. Charles Costerbi7, driver Of car No. |
40 going to Pittsburg, testified that he saw the
car going in an opposite direction struck by
the train. He heard no bell rung. Charles
McCrea's testimony corroborated that of
Charles Scaife.
NO REVENGE ABOUT IT.
J. r. Aston, an engineer of the Pennsylvania
Company, recognized the pictures exhibited of
the gates and track of the Ft Wayne road, and |
affirmed to their correctness. S. S. Cunning |
nam, who lives in Allegheny and at the time of
the collision was in the employ of the Pennsyl- |
vania Company as gatekeeper at the crossing |
where the accident occurred, testified that it |
was his business to open the swinging gates and |
lower the safety gates upon receiving the sig /
nal Of an approaching train; that he was given |
orders to prevent people and conveyances from |
crossing in time OF danger. Cunningham was |
given the pictures. which he recognized, and |
stated that upon receiving the signal upon the |
night Of the accident he opened the gates of |
the south track, but received no notice of a |
north track train coming, and had barely time |
70 escape with his lie upon seeing 1t crash /
through the gate.
Upon croSs-eXamination witness told of his |
discharge Immediately after the accident. He |
Mr.. Starr suffer and aid in sending him to the |
penitentlary.
THE CELEBRATED ORDERS.
Order No. s. of the compahywas then placed /
in evidence by the prosecution, which is to the |
effect that no bell or whistle shall be sounded |
while trains are crossing between Pennsylvania |
avenue and the Allegheny river bridge, except |
in cases of extreme necessity. This order bears |
the date of November 8, 1883 and is signed by |
A. B. Starr Superintendent. The prosecu- |
non claimed that Mr.. Starr permitted and |
ordered the cars to pass over the crossing with
out giving any signal, as provided for by the |
general laws of the company, and that he was
guilty of neglect of precautionary measures
whereby the accident could have been avoided, /
The defense held that Superintendent Starr |
did not make the rules, that General Superin-
tendent John Thomas would be the responsible |
party for the PRONUNCIATION of the rule. The I
defense offered also Rule 81, which provides
that the bell must be rung and whistle blown
within a half-mile of the city crossing and |
that upon such signal the gates of the crossings
must be lowered, doing away thus with the
necessity of signaling while crossing the street.