The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-06
THE BUTLER COLLISION.
Somebody Left the Switch Open
Which Caused Engineer
Masses Death.
Justice Woodman Trying to Find
Out if it Was Conductor
Short.
There Was a Great Mass of Testimony and
Arguments viii Place on
Monday.

| The court over which Justice Woodman
presides was filed with witnesses yesterday
afternoon and last night. They were there
to tell what they knew about the accident
on the Northern Pacific railroad at Butler
on Oct. 3, by which Engineer Frank Mase,
OF the eastbound passenger train, lost his
life. The occasion was the preliminary ex-
animation of Conductor E. L. Short, who
had charge of an eastbound freight train
sidetracked at Butler, and who is charged
with criminal carelessness in leaving the
switch open. It was the open switch which
caused the accident. County Attorney
Nolan appeared for the state, and Judge N.
w. Mcconnell for Short. Justice Wood
mans reasons for holding both day and
night sessions was to get off his hands a
case which has been dragging along for
many weeks. It has been set several times.
| but has always been postponed. As it is
the evidence is now all in and the only
thing remaining 10 to hear the arguments
| on Monday.
| Most of the evidence yesterday and last
night tended in favor of Conductor Short.
The most damaging testimony was that of
one of the bIakemen on Conductor Shorts
| train, but that was contradicted in some of
the most important particulars by other
witnesses, and the essential points were de-
MED by the accused himself. A feature of
the trial was the almost perfect unanimity
with which the railroad men who we're ex
amined declared that 1t was not the place
of conductor to close switch after he
had ordered one of his brakemen to open it.
On the contrary it was the almost universal
opinion that the brakeman who opened
switch was supposed to close it.
The facts about which thereswas no ques-
AS~Nna hal
freight Of thirty cars and acnbo6se, broke
in half in the tunnel west Of Butler, It
was after the pusher which had helped tn g
train up to the tunnel hadacut loose and
gone back. The regular enigma was. inable
to push the front part Of the train,
connect with the lost portion. A
brakeman was sent back to flag east-bound-
trains and prevent them running into the
detached cars. The forward portion of the
train ran on to Butler to side-track. Here
the passing tracks were occupied by west
bound freight train and the cars were put
on the safety spur, where there was already
wood train laying. Short wanted to
leave the cars there and go back for the
missing portion of the train, while his en-
gineer, Henry Cromwell, refused to do SO
unless specially ordered. After telegraphic
consultation with the train dispatcher at
Missoula, orders came to stay where they
were; that the eastbound passenger would
take care of tho missing section of the
train. Shorts part was to clear the track
for the east-bound passenger. The switch
leading to the safety track was left oIen.
The passenger train came along and ran in
on the switch, smashing into tho rear of
Cromwells engine. Engineer Mase, of the
pas enger train, was killed.
just who left the switch open is the Ques-
ton at issue. Neither Engineer Cromwell
nor his fireman, Thomas Mccartney, saw
who did it. The. only witness who saw any
thing in connection with the switch was
Marshall Nixon, one of the brakemen on
Shorts train. He testified that Short
opened tho switch after the train was safely
sidetracked; also, that after the collision he
heard Short say something to the conductor
of the passenger train which sounded like
II forgot to throw that switch on the main
track" Short, however, in his testimony,
denied touching the switch. Conductor
A. II. Holbert, of the passenger train, also
denied hearing Short make any such re-
mark az he was credited with by Nixon.
Conductor Shorts evidence as to the
followed, was substantially as already
stated. He said he had taken all the pre-
cautions to protect east bound trains from
running into the detached cars. It was
very dark night, and standing on the plat
form he could not see whether the switch
was open or not. He was closely cross
questioned as to why he ran away after the
collision. His reasons, he said. were that
he Thought some exasperated people might
blame him for the accident and lynch him.
He went to BlossburR, where he notified the
railroad people of his whereabouts.
Conductors Holbert, Short. G. j. Gun
ningham, George Hall and G. ID. Snedeker,
Engineersa John Collins and Thomas b,
Manager, Brakeman John Ryan, and Fire
man N. s. Rose, all testified substantially
to the effect that when a conductor ordered
q brakeman to open a switch, the brakeman
was supposed to see that it was closed.
During the progress of the trial several
sharp wordy encounters took place between
Attorney Nolan and Judge Mcconnell. and
between the two lawyers and some of the
witnesses. At one time Judge Mcdonnell
in Directing to a line of squestioning, talkee
at some length. Attorney Nolan referred
to the judges argument rs rather long, sn{
proceeded to prove it. He was haulsQ nj
BY Judge Mcconnell, who called attention
to the fact that his adyersaHy's argdmen
was the longer of the two. At anothe
point Judge Mcconnell, in cross question
ing Engineer Cromwell, was requested b,
the latter not to KNOCK me down and rul
over me-" The judge declared thai he ha,
; no such warlike Intention.
, II was after nine o'clock when the test
mony was concluded, and it was decides
: then to put of the arguments until Mon
day.
} Short is no longer in the employ of tn
Northern Pacific. He is living at Missoula
|