Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-06-12
NEITHER AT FAULT.
THE DEFENDANTS IN THE STREET.
CAR COLLISION CASE DISMISSED.
the Lack Of Time TO stop. Either
the Car or the Truck.

A case that has attracted a great deal of
interest on account Of its disastrous effects
at tho time of the occurrence was called
by Justice Crutchfeld in the Police Court
yesterday morning.
1t was that Of the Commonwealth against
Lewis Williams and James ". Weimer. the
former charged with unlawfully, care
lessly, and recklessly running into Hook
and-Ladder Truck No. while motor-man
of Street.Car No. 80 of the Main-street line
on the night of May 22d. Weimer was the
driver OF the truck and against him there was
cOuntor-chargc.
The affair occurred on The night Of the big fire
NJ the spicc-mil, and was attended With most
serious rcsults The truck was crossing the
sireet-car track on Main street at Third, when II
was ran into by the car, or rather when the car
ana the truck came together, the crash Of which
knocked the truck over and injured several per
sons one OF whom, Mr.. j. II. Powell, was 80 badly
hurt that Il was found necessary 20 amputate
one Of his legs
Several witnesses in the case appeared I'm the
courtroom with the wounds received still band
aged.
INFLUENCE or EXCITEMENT.
The most singular feature Of the case was the
varied opinions az 70 the speed Of both the truck
and the car. Under the Influence Of the excite
mcnt which prevailed no two of those who were
| passengers on the latter seemed 20 have arrived
at the same conclusion regarding It's speed nor
| that OF tho truck. Tho rate given the car was
from one and a half to eighteen miles per hour
/ at the time OF the collision. the testimony was
very conflicting but all OF an honest and consci-
| entiOus nature.
SOME OF THE EVIDENCE.
Mr.. Blythe Branch testified that he thought tho
| truck was going very fast. 1t ia my belief and
/ IMPRESSION said he, "that while on that square
We we're running at a rather higher speed than
/ on the square before. Judging by the speed the
| cars run here and elsewhere 10 is my firm con-
! yictiOn that they were running very slowly"
| Mr.. Paul Winston stated that he was about
| thirty feet from Third street when he saw tho
| truck-horses coming. They were running at a
| "pretty rapid rate" lie tried 70 give warning.
| The car was running between Ave and eight
| miles an hour. When the car passed Cookies
store think 1t was going eight miles an hour.
! added he.
Mr. Preston Carson testified that be got on the
| car with Mr. Powell and another friend at Sc
| cond and Main streets. Mr. Powell got on the
front platform, but witness lost sight Of him af-
| forwards. "Ihe car was then moving slowly,
but was so crowded that got very Preca,rrii93us
! tOoting,n said he. "When we approached Third
street / saw the truck coming, but thought II
would clear US, as believed IL was going suffci-
entity fast for us TO escape IL altogether. The
| car had almost stopped; II couldn't have been
| going more than two miles an hour"
| Mr. +. Victor Williams said that he didn't
think the car was going fast when the collision
| occurred.
| OF DR.. MERGERS when the collision occurred. lie
testified that the truck was going at what he con'
! sidered good speed. IL never once occurred tO
! him that there was going 10 be "a collision.
CONFLICTING TESTIMONY.
| Mr. Frank a member of the Fire Department
who saw the accident from the corner near ST.
! Adams Hall, stated that the horses heads had
| got pretty well into Main street when the cai
| was opposite the Chinese laundry. He thought
| the car was going between eighteen and twenty
| miles an hour.
MIR. II. r. Harrison, who was on the car, thought
| II was moving between one and two miles an
hour, or Just in motion at the time OF the COLI
| Mr.. w. Z. Florence stated that several gentle.
| men n short while before the accident asked tht
conductor TO hurry, but he declined 20 do 30. Jus
| In front of Mr.. Hall Crows residence the cal
! slowed up The truck had crossed the Third
| street tagging The motor-man did everything
| he could TO avert the accident 81 don't think,
said he, "that anybody on earth could have
| stopped the car when We saw the truck
THB CAPTAINS STORY.
w. II. Gathright, the captain Of the truck anC
one OF the injured. testified IN substance ai
| follows: ave went out on the call o.
three 6's and turned into third stree stree
| the tagging at Third and Main streets ] saw
| the car, which was then about seventy-hge fee
away. II It had been going no faster than We
| were there would have been no accident, for We
| would have passed beyond doubt Our rate o
| speed was not more than six miles per hour, bu
| that Of the car must have been twice or tnrct
| times as great. The truck was struck near th'
| centre of the framing, and was thrown of the
| side from the car. We were not gong as rap
idly as when on our way 90 fire upon regulal
| call"
| OTHER WITNESSES.
| Mr.. Gray Watson, who lives on Third street
! between Main and Cary, said no did not thinA
| the truck was going faster than six miles al
! hour, as he trOttcd along and Kept up with II
| lie thought tho car was going faster than ordi
| narily, but when he first saw the motof-lnau M
! was putting on the brakes and reversing tn
| current lie did not see how the accident coulc
| Dossibly have been avoided, considering th'
| time either the driver or the mOtOr-nan had L
act -,-.,..,..,
| The testimony Of the other truckmen almo5
exactly corroborated Captain Gathrights
| Chief Plllor explained why he had consuret
tbe men for rapid or reckless driving the morn
ing following. lie said he was then uhder IN
! impresdOn from what two gentlemen had tOb
| him nj the fire that the truck had run into th'
car. but had since learned that his men hn'
! been very precautions and had violated no rules
THE DEFENDANTS DISMISSED.
| The case was not concluded till nearly j O'Clock
when the Justice said no could see no reasoi
yybv the charges should not be dismissed, "A al
the evidence given had shown both hau uoho ~
i'm their power 10 avert the occurrence.
The proceedings throughout were conducted
| in GOOD humor and Of a harmOniZed nature eA
cont the wide differences Of opinion among tn
witnesses as 10 the speed OF the car ana IN
truck. which was naturally accounted Tor Dy th'
| excitement OF the disastrous affair.
| The other cases disposed OF were small ana NO
| Of much Importance 10 the public.