Daily Republican., 1890-02-12
FIFTH EDITION


This Mornings Court.
Thls mornings session Of oout =.
ysucd at y O'Clock with Chief Ina
Cumseys and Associate judge Ham,.
on the beach. The names OF ,he ~
wero called and all answered. A., NV
the csso a. Stewart Va. The r.. " III
Railroad Company was resumed
ALFRED Wllitng testified that hs ,.u.
II ttis city and 10 tinsmlth, In ~.
1870. be was employed in til, T., Wal
railroad shops. He was al wolt on 4.
Of car and when he heard IL. :.
called TO move 1t he got down and !.
talking to . man when he hoard ,om. -.
call for . ladder. He helped take Sle,,s
down. and Afterwards wen. home M
him.
John J. Walsh was sworn and -
Del that be h . plumber, and 4, Ii. M
Of the accident was employed ia n
railroad shops. He worked on II, ur.
ear with Stewart but az he fn,shd h.
part Of the Job he got down iron ii, v
about 6fteen minutes before tue accis,
occurred, aud did not see H..
| Justen N. Anderson tos,lfed thnhs
3 carpenter and worked 10 the volus,,
shops In June, 1850. Mr.. Mcdowell y
charge Of the gang, and the wines
never saw him under the inaunu
liquor. The witness was told by r
Dowsll that whenever be SAW a NJ
against . car that was about h
moved 10 20 up aud warn the men.
the day Of the accident no heard m
tell Mcdowell that he was done vii,
truck ON the east end and wanted
st the west end. Mcdowell then,
all hands 70 shove the car, but d
witness notissd . ladder apslus
side Of Il hc ascended. He came
; but again won't up and wArR.d sd
that the Ger wss abou. 10 b. moved
he gave tho witness to understand
) he Intended 70 remain where 10 VA
thcn removed tho lsdder aud helpd
move the cur, when he saw sOnsA
roll or the top and heard SONS one
out. The wltnsss jumped on the plat
aud applied tho brake, after Wild
helped get Stewart down and nss
home. Willing asked Stewart LOv
accident happened, when he rsp{
"Oh, Al, ! don't know, but l I'D
have got down."
On cross-sxaminAtion by Mr.. Cord
Bile the witness said that no was csrl
/, that Mcdowell was perfectly sober h.
morning.
Thomas J. Hudson y . foreman |, |
car department Of the r., W. &Rh
road shops, ard was in 1856. Hs po3
=. M. Mcdowell; hs had chargs d \
truck gang AID chilling. AttkHsl
! the accident the witness wM M
4 shops, a. he was absent ins hAav
He described the way tn Aun
|. located, and the manner 10 xNsA
+ tracks run through them. In o''aesll
he said that he consiasred MeDousl z
!. oil his best aud moat careful men.
+ James Mcdowell testified that 10
!. resided In this city for the pat y ~
/. and that at the time Of the accident
!. bad charge Of the truck gang al Tho
W. q d. oar shops. The day whe'
y occurred he gave the usual war
> before tho car was moved, and cllle'
. men from all over tho shop 10 help
: the car ON which Stewart was wo;sll
AAN N0A wa AAAoNGu kVO0t WV"
Of it, leBgth. for tho purpose OF q
new truck under that end Of IT,
answer 10 . question BY Mr.. Lor
st witness said that while he u not s,,
prohibltionist he had not touched
OF any kind Of intoxicating liquS
day the accident occurred.
Jacob Shiller testihea that b
charge Of the paint chop Of the "a
= shops, and has been In tho employ
4 company for tho past thirty-nluc
Mcdowell has an excellent reputl
d aad ho was certain that he was per
J. sober 1t tho time OF tile accio-ut.
william Howard has L,kAogu
Dowsll for q long time, andk VIII
was employed by the company nS
In tue shopa every day, but bad
SAW him intoxicated while on duty.
a The defense closed with this wit
ct IL ~ O'Clock, aud tho counsel ioI
: plaintiff commenced the exsmrslla
Witnesses In rebuttal. !
George d. Stewart, the plsniH
recalled, and testified that h w
warning before The car was mova |
Mrs. Stewart, tho mother Of Mld
TIL, testified that when Geotr
brought home after the accl,lsts
ssked how II happened, when Pcw,l
Piled that 1t was mot Georges fault,
OF that tho accident was caused By
Dowell's cArslsssness. Willing
Cured In this assertion.
This was corroborated by Mn-
Cash, who WAS in Mrs. Stewards
Aitsr George was brought home and !
o. the conversation between Mira se'
III Powell and willing.
Matthew Stewart, father OF the ,
" til, was called TO contradict King.
nouy, and testified that he beard
say when the case was tried Last
that he had been summoned, but az
know what II was for, as be DID
know anything about the matter.
also said that the accident had bapp
30 long ago that be had forgotten
he did know about 1t.
>. Thia closed the testimony on pom
and after 1t had been decided lhsI
side should be limited to Two h9 n.y. y,
argument, Mr.. Lore commenced n' "
no Ing argument TO the Jury. -, ,o.,