Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-21

| railroad. On the night Of the 7th instant the
crossing at New Jersey avenue was blocked by
height trains from one minute after o'clock
until sixteen minutes after O'Clock.
WAS the crossing entirely blocked during
shat timeY asked Mr.. Shillington.
"Yes, sir, }" replied witness.
mo one could cross without climbing over
the cars and running the risk Of getting injured
or losing their lives"
''Was the defendant in charge Of the train7"
asked counsel
II believe he was" replied witness; che as
sumed all responsibility"
Was the gate DOWN." asked counsel.
III believe it was" the witness replied
timer" asked Mr.. Garnett.
II was" replied the officer.
DID You see any coupling done there?" was
.No, sir" he replied.
ing was blocked?" asked Mr.. Garne.t.
"About one hour"
"Do you mean TO say that you were there one
hour9" repeated Mr.. Garnett.
Yes, sir, replied the officer, land it's neces-
sary to watch that crossing"
Witness said that there was car ON another
track which he believed the railroad men we're
requested to move, but he did not think any
one was requested to move the train in ques-
POLICEMAN PRocToRs TESTIMONY.
Policeman C. W. Proctor gave similar testi-
mony. When questioned by Mr.. Garrett az to
why he did not request the railroad people to
clear the crossing witness said that the railroad
men had been requested to do 80 on previous
occasions and they treated the police with such
contempt that he thought it was useless to
waste his breath making another request.
Witness said that the train moved backwards
and forwards picking up cars to make up the
train. In moving the train, however, the cross
ing was not cleared.
POLICEMAN WHO KNEW ALL ABOUT IT.
Policeman Foster was called and he gave
corroborative testimony. He attempted to
show that the obstruction was unneces-
sary. He had been in the railroad business
himself: Mr.. Garnet objected because he said
1t would be the opinion of one railroad man
against the other. The Judge excluded the
evidence on the ground that it was not ma
terial
Mr.. GARRETT MOVES TO DISMISS.
Mr.. Garnet then moved that the case be
dismissed. He held that the District had to
show that some one was really obstructed. He
thought that the mere showing that the street
was blocked was not sufficient to convict the
defendant under the charge.
Mr.. Shillington said that the purpose OF this
ordinance was to keep the streets at railroad
crossings clear. Pedestrians and drivers have
some rights. and they have a right to travel the
streets without interruption. The law, he
said, required the trains to keep moving while
crossing the streets. He certainly thought that
the government did not have to show that there
were persons really at the crossing at the time
of the obstruction. Again, he said, the pedes-
TRANS and vehicles have the right of way on
the streets. The streets are for the people and
not for the railroad companies.
Mr.. Garrett called the courts attention to
the charge and read the section under which
the charge was brought
Judge Mills said that from Mr.. Garnett's
claim he understood that if the train blocked
happen to be any person there who wanted to
cross the law would not be violated
MIR. Garrett said that that was what he
claimed: II there is no evidence that person
or vehicle is obstructed he claimed that there
would be no violation Of the section.
THE NOTION ovERRULED.
Judge Mills overruled the motion made by
Mr.. Garrett to dismiss the case. The Judge
said he thought it was the intention Of the
Commissioners to prevent the blocking Of the
street crossings in this manner.
Mr.. Shillington said he understood that in
making up trains 1t might be necessary to OBJ
struct crossing for q minute or two. Such
an obstruction would be technical violation
Of the law, but it would not be such q case as
the District would prosecute.
TESTIMONY FOB THE DEFKNsI.
The defendant testified in his own behalf that
the crossing was not obstructed for fifteen
minutes. The train, he said, only made four
couplings and he thought that the crossing
was probably obstructed, in all, eight minutes.
Defendant explained the position of the cars
that were coupled and said that they could not
have made up the train without obstructing
the crossing for awhile.
Frank G. Stewart, yard master, testified that
the train was there not longer than seven min
utes. That amount of time was all that was
necessary to make the couplings, and if the
crossing was blocked longer than that time il
was an unnecessary obstruction.
THE ARoUMENrs.
After hearing the evidence Of other wit
nesses Mr.. Garnett srgued that the defendant
was entitled to an acquittal.
Mr.. Shillington, in his reply, referred to the
evidence Of the railroad men. He also recog-
nised the fact that the railroad had been
Streets N sss eos s ssh' Of use ib sas
business. In granting that authority
he thought they we're given the right to make
up the trains. but he certainly thought that
the time in this case was entirely too long and
the testimony calls for a judgment While he
probably prove hardship on the conductors
be thought IN example should be made once
In while.
yUD0MxNT AaANsr THE DEFENDANT.
Judge Mills said he thought the case had
been made out and the only question for the
court was the amount Of ane. The defendant
he supposed was one Of the worst-paid en-
ployes on the road and he would therefore
impose the lowest fine, &5.
M. shillinston said that he was willing that
the court should accept the defendant's Der.
sonal bonds, a. he supposed he was Q man of
family. The object OF the District, he said, was
not to make persons pay money but 10 keep
the crossings clear. He thought that such q
disposition would have ~ good an effect q by
making the defendant pay the fna.
The court adopted Mr.. Shillington's sue-
gestion and the defendant gave his personal
bonds. ft stes y =.
A BRIDGE FOR THE CANAL.
A Public Improvement In South Wssh.
ington Undertaken at Private Expense.
II. Philip N. Dryer WAS 1t Dc District build
ing this morning, bus thsrs vas nothing of
fsrocity In his appearance. nor WAS he armed
with letter calling the attsnfion az the Com
misdensrs 10 Illegal traols o. sneroachments
Of the Psnnsyivania railroad company. In eus
hand he carried . roll q heavy drswine peper
And an hiD fnno Una n auni1a IN Movsx-s -.