Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-06-26

Nnn ntfuthk.
TIE Jury ATTACHES NO RIAu TO TEE RAILROAD
COMPANY. Brr THINKS rrsRx SHOULD ~ a
wArcHMAS or GATE AT TEE CROSSING WHERE
TIE ACCIDENT oocuERrD.
This morning the officers OF the sixth pre-
cinct police station summoned jury OF inques,
in the case Of Michael Downey. the old citizen
Who was killed yesterday morning at the
street crossing Of the Metropolitan branch OF
the Baltimore and Ohio railroad, rs published
in yesterdays STAR, and after viewing the
body the jury was driven 10 the station, where
the testimony was heard
TRACK FOREMAN EvrRBAzr's sroRr.
George EverhArt trick fireman, was The
first witness called He was near the X
street crossing in lexington yesterday when
the accident occurred. He testified thst be
saw the deceased drive along he road When
the esst-bound train passed the road crossing
Mr.. Downey drove over the track behind IL
The west-bound train came along. but the east
bound train cut his sight and he could not BEE
the train that struck him. When his team
reached the track and he saw IL Mr.. Dovney
struck his horses. but the engine struck the
front OF the wagon. Witness SAID he was about
seventy-fiye yards from the crossing and
he threw up his hands and shouted at the
driver, but he thought that the latter did not
see him. The train Was heavy one and was
on n heavy grade and he thought its speed wAs
about ten or twelve miles an hour.
NO wArcHxAS AT THE CROSSING.
When questioned by q juror witness aid
that there was no Waterman at the crossing.
William A. Tribby. fireman on train No. 9.
the one that did the damage vas also called -
a witness. He did not see the wagon before it
was struck, but he knew that the engineer sp-
Piled the air brakes before his train had entirely
passed the east-bound train. The train WAS
running at the rate Of eight or ten miles an
hour.
In answer to question by Juror the wit
ness said that the engineer did rot whistle or
ring his bell for the crossing.
DON'T WHISTLE OR RING N TBr CRY.
They don't ring or blow in the city," be
said.
No." remarked a juror, ''it's against the
law"
Henry Hoffman, engineer on the train. tes-
titled that when he saw the heads OF the horses
they were almost against the engine. He
thought the engine struck the horses. for one
of the front wheels of the wagon was found on
the bumper. He did not the man the
wagon.
A. Mullaney, trackman. testified TO the posi-
ton of the trains. He said that the accommo-
dation tram, which was coming in. passed the
crossing long enough before the other train 70
cut OF the wagon drivers view.
ooULp RAVE SEEN THE TRAINS.
'Tf Mr.. Downey had taken the precaution to
look up and down the track. said witness in
answer to juror, The could have seen both
trains"
Coroner Patterson said he went out yester-
day and examined the place, and he said the
place was perfectly clear for 4 long distance
Witness, continuing, said that the horses were
on n trot as they approached the track and the
Ara. IL 49,
strike the horses TO urge them across the track.
Mr.. Downeys wagon was an open one and had
on a load of manure.
L. L. Duvall. another trackman gave similar
| testimony. lie said that the train WIS going
about ten miles an hour and did not run more
than the length Of the train beyond the cross
ing.
Several other employees OF the railroad gave
similar testimony. They were working ON the
track not far from the crossing and they had to
get of the west-bound track 10 let the train
pass.
COULDN'T STOP HIS HORSES.
A colored boy named Coleman testified thst
he and Mr.. Downey were driving in the same
direction. Mr.. Downey's horses were trottins
down the hill toward the track. Witness sav
the train coming. and he expected to see Mr..
| Downey get struck. as he did not think Mr..
| Downey could stop his horses. The last lac
saw Of Mr.. Downey he was whipping his horses
Another colored driver named jackson gave
| similar testimony.
| TIRE VERDICT.
The jury returned the following verdict
That the said Michael Downey came TO BIZ
death about ii 80 a. IN. June IS, 1891, at th,
crossing Of the Metropolitan branch Of tn,
Baltimore and Ohio railroad at * street from
injuries received by being struck by train No
of said railroad.
Prom the evidence we see no reason TO blAn,
any of the employees of the said railroad. We
do believe, however, that there should b
either a Waterman or q gate at all thes<
crossings"