Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-10-20


from the fact that the freight train was tel
egraphed at Bolton to run regardless Of en-
gine 32O. Tho young brakeman, Mears,
addsd another to the list of heroes Of tho
rail- when, almost overcome with fright. in
stead of jumping he set six brakes, thus les
sening the force Of the collision and thus
undoubtedly saving more than ono life
The testimony OF Conductor Stewart and
Engineer 0rs of tue freight train and that
OF General Superintendent Baldwin of the
Central Vermont railroad were features Of
tho railroad trial Friday. Mr.. Baldwin
testified that it was an engineers duty when
passing n train under said circumstances to
give a signa, whistle York and Stewart's
testimony tended o SHOW that no whistle
was sounded and that they saw no flag.
number of other witnesses were examined,
whose evidence indicated q signal flag was
carried on No. 80 regular and that the fact
was not communicated to train M"
In the County Court the State closed its
opening testimony in the Rice case Satur-
day forenoon and Attorney Spuulding made
the opening stayemen for the defense En-
gineer Rice was then put upon the stand
and fully examined and cross ss-eNamined
Rice stated that his train bore red flag
and that when he met train an" at Jones'
willie he did not blow a signal whistle, to
inform the opposing train Of the red flag,
but thot when lie passed the freight he
pointed with his hand to the flag, to inform
the freight engineer that he was car
rylng such nas, and that tho
freight engineer nodded in response. Did
not stop his train until he got to the lepot.
He claimed that fora long time it had beon
tho general practice of engineers under
such circumstances e. Indicate the presence
of the signal ilas by pointing; es much
when the president and directors OF the road
were aboard as. al other times. He also
claimed that this practice was in compn-
ance with rules AZ and 19 when taken to-
gether.
Robert W'halen OF Montpelier, an engi-
nosr OF % years ozporionce, was then
called, and said ho saw respondent point to
the flag IS he passed train IN -
DR.. Andrews OF the Mary Fletcher
Hospital, also gave somo evidence
bearing upon certain statements
made by Brakeman Naars lust
after receiving hia injuries. This evidence
tended to show that brakeman Iears was
not undor tho inGuenc of morphine when
he testified before the railroad cosnmission-
ers at which time he made statements some
what in conflict with hi. testimony in this
case. The testimony Of the defence tended
to show that it was broad daylight when
train 80 reached Joaes7ile, q point upon
which the testimony OF The state conhcted.
DR.. Andrews testimony practically closed
the evidence in the case. At 2:30 the open
inS argument tcr BE-. 5ta;- was made by
Attorney Wilbur.
In the case Of State vs. Marcus Rice for
manslaugbter, the arguments were resumed
Monday at the opening Of County Court
at a. n.. Judge Haseltol continuing for
the respondont. He claimed that the train
mon of train mp did See the red flag car
RED on the engine Of train % and that their
reason for disregarIing il wa1 misunder-
standing OF their nights, resulting
from confusing orders sent them from
st. Aibaus white at Bolton. The
case largely resolved itself into an is
sue OF accuracy or vernCtty between Engi-
neer ork and Engineer Rice. Judge Has
elton further claimed that the testimony Of
ori that the headlight Of .'5y" was burn
ing at Jonesvie that it was Gusky. and
that he saw no flag on engine 80" al
though he ondePvorel 20 ascertain if it car
ried one, greatly di'credteI nis evidence,
since an overwhelming balance OF
the evidence showed that the head
light of "J9' was not burning
that it was not dusky but broad day hight
nni that the flag was carried on engine
"Jj' in the usual and proper place Ho
also argued that the evleuc, OF Conductor
Stewart must be received with great allow
ancr, owing to the fact tha, when at Jones
vile be had been on duty with the excep.
tion Of 10 minutes OF sleep
\. V. SPGuldiug followed also for the re
I apondeut, making additional comments on
the points already covered hy the previous
argument and laying spocial stress
/ upon tho responsibility which rested on
! the station agent at Jonesyillo in not send
/ ug promptly 10 St Adams the departure
/ of train mp from his station. Mr.. Spaull-
ing urged that tue immediate cause o. the
ac,i lent was tbo insuG!c.rncy Of the brakes
/ on train "Nl' and the nog gence If the
| rear brakeman on that train.
/ states Attorney Cu.hraau closed for the
| State, occupying from 2 until }
! o c ocl. Ho sald that the orders sent ont
| from st. Albans were not confusing,
/ but according to the rules and practices OF
/ the company; that Engineer Rico was bound
| under such rules and practice to Indicate
the nag which he carried Ly the whistle sig
nal; that lie did not in this o. any other
manner, make known to the traiumen OF
| train "M' that his engine bore red flag.
| Alv. CushmAn admitted that if the trainmen
OF the latter train did in fact see the flag,
! then Engineer Rice was in no way response
! he for tho accident and could not be con
/ yicted, but he argued at eonsiI,rahle length
/ ON the point that ,rGin "N" did in fact soc
or know OF the red flag carried on engine
"59. ."
lLe jury in the case of State VS.. Marcus
| Rice cemo in at O'Clock, whom court as
ssmhed, after being out all night. and the
court, in view OF the importance Of the case
asked thom to return for further considera-
tiou. About 10 O'Clock they brought in e
verdict acguitting the respondent. MIR.
Rice is an old soldier, having heon n pris-
oncr in Aulor-onville prison. 1t is unnec
essary TO say that tho verdict greatly elated
him, although no said his con
science was uudisturbed. He is
also an old railroad man and is very
popular with ths "Loys, who have watch
ed the t'ial with great interest. State,
Attorney !. T.. Cushman and l.. f. Wilbur
were counsel for the State, and Judge Has
elton and \. Y. Spaldins for the respond
emit
Tho rcxt cNse tal.en up was that Of Stat,
vs.. Joseph Alexander for gross ewduess