Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-11-24

OF STATE VS.. YORK AND STEWART
FOR MANSLAUGHTER
Court Nonday-A Jury Empnn eled
DR.. c. NJ. Hunt Tells How the Bodies
of Crossett aud Brown were Found
NJ, nagiT on the Stand.


opened Monday afternoon at 2 o'clock af
ter the adjournment for the general torn of
the Supreme Court at Montpelier. Judge
Rowell Immediately asked States Attorney
Cushman what case was prepared for trial
on behalf of the State, and the
latter replied, Cease Of State vs.. Edwin
c. York and John j. Stewart"
A jury was then called. States Attorney
Cushman stated the case to the jury briefly.
He said that York and Stewart were
charged with mauslaugh ter; that thoy both
resided In st. Abans and that they were
engineer and conductor respectively on the
freight train known as train I'M, " which
colded with passenger train between
Williston and Richmond, thereby causing
the death of two meri, James Crossett and
John Brown.
The questioning of the jurors to sec if any
were disqualified from sitting on the case,
by the counsel, occupied some over
hour, Hon. f. X. Hard speaking for the
Defence and States Attorney Cushman for
the State. 1t resulted in the courts excus-
ing four men, The panel as completed is as
follows: John Black, James Z. Russell and
L. w. Brownell of this city, II. Robinson
of Milton, s. NJ. Gillett of Huntington, A.
n. Barber of Charlotte, James n. Gates OF
Essex, A. c. Humphrey OF Underhil, A.
y. Moore of Shclburne, L. NJ. Bates of
Westford, Sidney c. Ray and Alonzo
Stearns of HineSburgh.
Lawyer Hard, in behalf OF tie counsel
for the respondents, asked the court to or
der the attorneys for the State to elect one
OF the counts in the indictment, on which
thep would proceed to trial The court over
ruled the motion. The respondents were
here arrsgned and pleaded not gLi ty.
Dr. c, NJ. Hunt of Montpelier, who was
a passenger on the excursion train return
ing from the Mckinney rally, being in the
fifth car at the time Of the collision, testi
fed to the condition in which the bodies of
Jamas Crossett aud John Brown were found
At the close Of his testimony the
counsel for the defense stated that they
should introduce no evidence to controvert
Mr.. Hunts anu thereupon six witnesses,
who were summoned by the State, were ex-
cused
The next witness was NJ. Magif, superin-
tendent Of telegraph of the Central Vermont
railroad, who has the general charge of the
movement OF trains. His testimony, which
was not closed at the hour of adjournment
was with reference to orders sent to train
80" and 80 extra" In connection with
the testimony OF Mr. MagiR te printed
rues and regulations OF the Central Yer
mont railroad in respect to the moving of
trains were put in as evidence and some OF
them read.
Judge Rowel said that the character OF
the case was such that the jury could not
be permitted to separate ami pleasant quar-
ters We're secured for the jurors and dep
uty sheriff at the Hotel Burlington.
Tho Mnnslsugh litter Case Occupit the Day
The state Improves of Few Wit
nesseS.
County Court resumed its session at
O'Clock Tuesday morning and the State
occupied the day in introducing evidence in
the manslaughter case Of State VS.. +. G.
York and j. j. Stewart. The examination
of NJ. Ma IF, sup arintendent of telegraph
of the Central Vermont railroad, was con
tinued. In part he testified that it was
ard has been the uniform practice OF the
Central Vermont railroad for more than 10
years to run trains as extra to another by
the use of red flag and he considered this
method the safest one; that it had been
the custom of the road to issue to
trainmen orders TO run regardless of
special train, when said special
was made an extra to regular train.
These methods have been universally en-
ployed during the service OF York and Stew
art, and it was the duty OF York and Stew
art to observe whether "No. 50' had "a red
signal or not, and 1t was also their duty not
to move their train on to the main line until
sa isfed beyond a doubt, that train
"5J" did not carry red flag irrespective
OF any signals given by train "59. He
was on the stand about two hours.
Train Dispatcher Petty was next called.
He had charge Of the movement OF trains
| on the Central division between st. Albans
and Roxbury. He testified to the orders
| given the several trains, as did Telegraph
| Operator c. ID. Griffith of Water bury, Sta
| ton agent Whalen of Bolton and Operator
j. II. Burke OF Essex Junction. Whaen
| and Burke also testified that "50n carried
a red flag and the former to the fact that
/ he had not lit his station lights when the
train passed Bolton.
| Miss Ella B. Knights, the stenographer
| who took the testimony at the hearing be-
| fore the railroad commissioners at Montpe
lier verified the correctness of the trans
script made by her. Conductor Lawrence
Of train "j1" was improved as a witness by
the State. lie said that the engine wore a
red flag from Essex junction to Montpelier
that the light was sufficient for him to
gather the tickets without difficulty at Boil
ton and the lamps IN the cars were not lit
till after leaving Waterbury. Mr.. Law
rence did not see any OF the men on train
"M," nor communicate 20 any OF them
that his train wore a red flag, and 50 far as
he knew no whistle indicating that the en-.
CINE bore a signal was blown by his en-
gineer.
Conductor s. r. Colby Of Montpelier
next took the stand. He testified that he
was riding on the wrecked passenger train
in the car in which Crossett and Brown,
the killed. were; that it was light enough
at the time for him to see people standing
about the wreck and fence near by before
he was liberated from ths passenger car.
States Attorney Cushman and l.. f,
Wilbur appear for the State and Col. W.
l.. Wilson OF st. Albans, Hon, Z. r. Hard
and Judge Haselton Of this city and Mr..
Stewart OF Bakersfield for the respondents