The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-05-26
TRIAL OF ENGINEER BONNEY BEGUN.
a Charge of MansIaughter After
Thirty Years Faithful Service.
The Collision at Scarboro Recalled
In the Superior Court.
Witnesses Tell How the Locomotive
Plunged Into the Train.

for manslaughter, in causing the death of
William III. Swasey by collision OF Bon
ney's engine with passenger train at Scar
boro Beach station in January last, was be-
gun in the Superior Court yesterday morn
ing County Attorney Robinson conducted
the case In behalf of the state. and Judge
Symonds and Charles S. Cook appeared for
the defendant.
A drawn jury was called for, and as
name was drawn from the box the juror, in
response to questions by Judge Bonney,
answered that he had no interest in the pros
ecution or defence; that he was not con-
scious of any prejudice for or against the re-
sp0ndent, and was not conscious of any
feeling which would prevent him from fairly
considering the case and rendering an i'm
partial verdict on the evidence. There were
no challenges, and the jury as drawn is as
follows:
Moses E. Hall, foreman, Harrison: Chas.
L. Milliken, Scarboro; Seth D. Stetson, Pow
nal; Charles Dolloff, Standish; Philip o.
CAMEL. Naples; John Furnish, Brunswick;
John T. Fellows, Windham; Charles f.
johnson. Portland; F. FL. Witham. Ray
mond; G. Fred Murch, Westbrook; Charles
G. Hamlin. Bridgton.
The Indictment charged that the respond
emit, by bis carelessness in the railway col
lision, caused the death of William d. Swa-
sey. County Attorney Robinson, in his
opening, spoke of the solemn nature of the
charge. and cautioned the jury not to allow
sympathy to influence their judgment of the
facts. On January 22d, an engine, driven
by MIR. Bonney. collided with the rear car of
Inc fCI frnT htAI ia
Portland to Biddeford. The engine was 90
ing out to Biddeford to do shifting work; 1t
was unattached to any car.
On this morning Bonney started later than
usual. and behind different train from
what he had been accustomed. He followed
Cousins's train. The disarrangement was
caused by. the wires working badly from
Boston. Mr.. B0nney made stop at the
Know Nothing" He then ran on and came
IN collision with Cousins,s train. The death
OF w. d. Swasey resulted.
The distinction between manslaughter and
murder was defined; the former lacks the
element Of malice. There is imposed upon
men who assume to handle dangerous agen-
ployers but to the public. If person upon
whom is imposed that duty is guilty of negli-
gence In the performance of IL and such neg
ligence is the canse of the death of human
s Sns the @ans FAULTY 81 the Ss T.
gent omission of a known duty when it
causes or hastens the death of a human be.
ing constitutes manslaughter
At the conclusion OF the opening seventeen
witnesses were sworn for the state. On mo-
tion of the county attorney, concurred in BY
the respondents counsel, the court directed
the sheriff to take the jury to the scene Of
the accident to view the surroundings. Court
adjourned until o'clock in the afternoon.
At the coming in of the court at o'clock
the government called as the first witness
Charles w. Cousins, the conductor of the
train Engineer Bonney ran into. He testi.
fed substantially that his train left the
Union Station on this morning at 1918 or
10.16. 1t consisted Of an engine, passenger
car and combination car, as it is called; it
Is smoking car and baggage car combined
This combination car was in the rear of the
train. Before reaching Scarboro Beach sta
ton the train made three stops--one before
crossing the Maine Central tracks at the old
transfer station; before crossing the Eastern
Division at Scarboro, crossing, called the
. Know N1thing." and at Scarboro crossing
on time. 1923, and ran to Scarboro Beach,
arriving there at 1924. Our time for LEAVING
there Is 1875. 1t was still foggy morning.
was about to alight from the train to assist
passengers on or off if there were any, but /
had only got to the platform of the car when
ci snffA same enc In the depot make an ex-
rear in which they were looking ana e. the
engine coming under the bridge. | started to
go across the other track to get out of the
way. for saw there was collision sure to
come, but hadn't got 10 feet or a little more
irving at this station had left William II.
Swasey sitting In the forward end of the
smoking car. / saw him after the collision
lying on the platform; he was unconscious.
attended his funeral the next Sunday.
On B0nney's engine were Benney, futile
the conductor, Fisher the fireman, and Flick
EFT the brakeman. When saw the engine
coming ! should Judge it was running at tile
IN pfO E.E1 rlAO hAx.r.
that is all guess work. | saw Bonney after
he got off his engine. | went along and
You been doings" BE says: aM hath have aasi
done, thought l. was following No. TO-" No.
8 40 for Boston. Our running time allowed
us by the time table from the Union Station
to Scarboro Beach is 20 minutes 1t is seven
miles-a fraction less. 1 did not examine the
machinery aaa IN Bonney's engine. | did not
ion.
Cross examination by Judge Symonds-
Mr.. Bonney lives In Kennebunk, the same as
do. have known him 20 years-all that
the Boston & Maine. About IL years ago he
began to run the Kennebunk train: leaves
Kennebunk at o cl0ck In the morning, ar
irving at Portland at sos. Then he returned
land, arriving at 2 40. Then left here at 6. Ii,
arriving at Kennebunk at 725.
That was his regular work for number of
years. Some months prior to the accident
there was change made in that method. He
started from Kennebunk and ran that train
as usual, but after getting here he was sent
to Biddef0rd to do shifting; that u.s. the cor
porations have a good deal of freight and
cotton cars arrive there. and they have to be
hauled around and placed in different places
for unloading. and he was sent out to do
that. think he was sent out every day in
the week, except Sundays. think. in every
instance, up to the day of the accident, he
was sent out In advance of my train; he fol-
lowed the $40 train, which Is fast train.
On this morning of the accident Bonney ar
rived in Portland at his usual time and then
took his engine to the engine house to turn
her.
When looked back and saw Bonnev,s en-
CINE coming, at the slime of the accident, it
was smoky under the BRIDGE 1t was foggy
morning and the atmosphere was heavy,
The rails were wet. but 1t was not freezing;
the rails were not icy.
Bonney appeared to be under great deal
OF excitement after the collision. He was
wandering about there, but l had so much to
90 didn't stop to have much talk with him.
mad no conversation with the other men on
B0nney's engine.
Geo. M. Smith of Dover, N. H., engineer
OF Cousins's train was the next witness. He
said his train arrived at Scarboro Beach, at
1854; that the stops going out consumed
about ten minutes and half: My attention
the fireman who was leaning out of the cab
window to get the conductors signal to
start, saying something was coming into us.
Immediately after the shock came and was
thrown down In the cab on my back.
After the collision l went along where
Bonney was and he said, "What are YOU do
ing here?" | said, "Mr Bonney, am here
on my time" He said "Why! Good God
this is yours, isn't it? thought 1t was 7O.n
He spoke something about being 81 wears
railroading and ending up in this way.
On cr0ss.examinatiOn the witness said If
Bonney was running at the rate of 20 or Is
miles an hour, with the rail as it was that
morning, 1t would be impossible for him to
stop before reaching the train after coming
under the bridge. He had known Bonney
IA years. He was always SOBER industri.
GUS man with good character In his profess
sion as an engineer.
Fred A. Tibbetts, the fireman on Smiths
engine, testified substantially to some of the
facts as already stated. He said the first
that called his attention to the rear was Tit
comb, the baggage master, running back
with flag. He heard no whistle, but i'm
mediately Bonney's engine came crashing
into them. After the collision he saw Bon
ney around there and heard him say that he.
B0nney, was partly to blame.