Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-10

This morning in the Police Court Prosecus-
ing Attorney Shillington called Jedgs Mills
attention 10 the eass Of Peter Yagse, In sasi.
nesr on the Baltimore end Ohio railroad,
charged with running his train u . rass oi
speed greater than twelve miles N hour b
violation Of the police regulations. Afser ths
opening statements OF Mr.. Shilhngtoa for The
government and Mr.. Hamilton for the defend.
ant Lieut. Tsspls testified that hs measured
on the distance q one-fourth Of . mile from
Ssh street east 70 point between eth and Oh
streets. On the day charged witness With Ser
geant McTsggart and 06acer Curtis, went 70 q
point IN sight Of the quarter mile stretch %
measured. Witness watched the train and
gave the ofhcery the signal They had thsiz
watches ont and noted the time.
think that vas one Of the Baltimore end
Ohios celebrated forty-Ave-minuto trsinA" ~.
marked Mr.. Shillingtou.
QUARTER MILE III rrnrY-prvs s1coxpa
Sergeant McTaggsrt vas next called, and h
testified that the time between The sisualI
given BY the lieutenant Was thirty-dvs seconds
II vas there, /" said Policeman Curtis q ID
took tho witness stand. He corroboratsd the
evidence given BY Sergeant McTsggart
was an engineer on the Baltimore and Ohio
railroad. Witness saw the defendant and hs
admitted that he had charge of the tram on he
day charged. Witness assisted Lieut. Tsspls
in making the measurement.
Mr.. Shillington said he did not think Il would
be necessary 70 call . Mathematics TO prove
that the train went at . rate Of speed greater
than that allowed by law.
THE yUDoE's CALCULATION.
The judge said he had made the calculation
and found that the rate was about twice a. greai
As allowed by law
The defendant testified that he had been or.
dered by the company to run within the law
ful limits allowed by law while in the city,
Did you ever run the 45-minute trainY
asked Mr.. Shiiiington.
Yes, sir, he replied
avenue in this city and Camden station In Bal.
timore?"
Forty miles I am told"
HR COULD MAKE n.
Excepting your train within the legal rata
within this city" said Mr.. Shillington, .'could
You reach Camden station on timer"
eyes, sir" replied the defendant. land j
could make stop outside and then enter Gam.
den station on time"
Witness said that he ran his train LOOKING
toward the safety Of the public and he did moi
see the officers.
General Agent Alvey Of the Baltimore and
Ohio railroad in this city produced the official
record OF the arrival and departure of all trains
The record. he said. showed that the train in
question left here at S:25 on time in charge OF
Engineer Wager. 1t was an accommodating
train and not a 45-minute train.
Witness said that he had warned the en-.
gineers to keep within the law and he had told
them not to make the run in less than I've OF
six minutes.
Judge Mills said that upon the testimony b
would be obliged to hold the defendant guilty
and impose fne OF $40
Mr.. Hamilton said he desired to address the
court before the case was finally disposed OF,
de said that under the previous ruling of the
court he would refrain from saying anything
concerning the validity of the police reguls.
tions. He argued that the manner in which
the time was obtained was not sufficient and
he held that the time'h had not really been q.
certained.
JUDGE MILLS CHANGES HIS MIND.
Judge Mills said that he had intended to i'm
pose fine upon the defendant, but upon re-
Election he thought there was too much doub,
as to the correctness Of the measurement and
the time made by the trains. He was inclined
to take Mr.. Hamiton's view Of the case. The
defendant was entitled TO the benefit Of the
dOuht ha