Bridgeton pioneer., 1891-01-15

and were going down the Boulevard.
He said the horses were going pretty
fast when he saw them going into the
railroad crossing. The horses were
not slowed up at all when an attempt
was made to cross the track.
With this testimony the State closed
the case, and Mr.. Bacon for the de-
fense, addressed the Court thus:--
when / came into the Court this
morning, had no idea OF making any
such motion, but it seems that it is the
only motion that can be made. shall
ask the Court to charge to the jury to
render verdict of not guilty. There
is no testimony connecting the defend.
ant with this accident. There had
been no testimony showing any negli-
gence upon the part of the engineer"
The Prosecutor answered in a few
words that he thought there had him
ample proof connecting Hand with
the killing, and the Court said that he
could not grant such a motion at that
time.
Mr.. Bacon made a short, decisive
and comprehensive opening, and dis
playing map Of the place, called H.
Benz. Weesy civil engineer, in the
employ of the Pennsylvania R. R.
Company, who explained the surround
ings.
Levi johnson, a photographer, testi-
fled that he photographed engine No.
20, upon which Engineer Hand ap-
peared. The photographs were taken
in Camden. They were offered in evil
dence.
Engineer John G. Schenck testified
that he had been a locomotive engin-
eer for years, and had been in the EN-.
p'oy of the West Jersey r r. Co. for
nearly thirty years. He said the posi-
tion of an engineer was upon the right
hand side, and when train was run.
ming north, he would be on the east
side, as in the case of engine No.
20, tie locomotive which caused
the death OF Linniken. The boiler
and fra box of the engine pro.
jects into the cab, and an engineer
would have to 60 around the boiler to
get on the left hand side. The duty
of an engineer requires that he shall
keep his post, and has no business to
be away from it. The whistle can on
ly be blown by the engineer on the
right. If an engineer is attending to
his duty, he must be watching the
track, looking out for obstructions,
and also see the signal posts. It an
engineer is attending to bis duty he
cannot see what is on his left. The
business of an engineer" said Mr..
Schenck, lis not to look out for those
driving along roads, parallel with the
tracks.
James Cassidy, an engineer of Cam
den, was called, and corroborated the
testimony of Engineer Sehenck in ev-
cry particular.
Otto F. Rexroth, of Vineland, said
he was in the habit of going up West
Boulevard every morning, and on the
morning of the seventh of last March
he was on that street. The witness
met Mr.. Linniken driving in butcht r
wagon. He had cap on, which was
pulled down over bis ears, and the COL
lar of storm coat turned up over his
head. The ground was frozen very
rough. Linniken's wagon must have
made considerable noise. Linniken
was driving with considerable speed.
He had entire control of his team. Mr..
Rexroth thought that the wind was
blowing direct from the north. The
witness first saw the engine from be-
low the station in Vineland. Upen
cross examination, the witness said
that the next time he saw Linniken
was when the dead body was brought
back to the Vineland station. He no.
ticed that the cap still covered the
head and ears of the corpse.
After Mr.. Rexroth had completed his
testimony, Mr.. Bacon called E. G.
Doughty, of Cape May City, to the
stand. He is a baggage master on
train No. s, the engineer of which
train, James N. Hand, the defendant,
was engineer. He was on the train the
morning of the accident. The stoppage
of the train first attracted his attention
to the accident. MIR. Doughty was
positive that the whistle of the engine
sounded two different times after the
train left Vineland station. The
whistle sounded for Oak road crossing.
After the train stopped and backed
down to the scene of the accident, the
witness went to the body. Life was
not yet extinct.
Daniel Hand. son of the defendant,
and fireman of the engine which caused
r ~ Iaoth