Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-12-01

Diecharscd-Ths Indictment was so
Drawn thnt thers was only One FONT
m the Case.
The hearing in the case OF State vs.. York
land Stewart was continued IN the County
Court the 23d and only witnesses Of the
Estate wers called, whose Names follow; d.
ID. Bishop OF Jericho; Baggage Master
bloody Of train "50n John Bates, station
.ngent at Richmond; Samuel Stockwell,
brakeman on train 49," Fireman Sturto-
vsnt Of train "50;n Marcus Rice, the re-
spoudant who was acquitted in the first
trial; Albert Towne of Jonssvilie; Train
Despa:chor Petty; Mr. Graham, station
gent at Jonesvile; E. d. Nash, train
master of theContral Vermont railroad;
Owen Frazer, conductor on train "14."
These witnesses confirmed much Of the testi
rnony which has already appeared in these
columns, and which lack Of space hinderu
our giving in detail.
James Lynch, engineer Of train Il,
freight train which stood on the side track
bit Richmond when train so passed, aud
ilso when train NJ passed, was the fret wit
ness Thursday. He testified that train 90
parred a red flag and that he saw it, a.
houeh he thought on account of the grow
ng darkness, it would havs been we'll to
aavo had the red light as well.
The noxt witness was d. Horrigan, con-
luctor on train s, which wns at Wiliston
when train 5S passed. He saw the red flag
ba 80. c. H. Briggs, engineer on train 8
estfed to She same effect Robert Whalen
lf Montpelier, who was a pas en GER on tre n
jY testified that he stood on the steps o, TIE
,a~ next the engine as the train approached
rain M ct Jonesvie and saw Engineer
Rice pointing TO the trent OF his engine. lie
satifed urtber that he saw the Gag put
pn the engine at Essex Junction, and that
le saw the Gag al other stations. VI haleu
3 q railroad engineer. Several trainmen
n 80 extra, which coildad wish train u,
we're calloI end testified as to the running
,f their train. Fireman Reynolds Of
rain N testified that he saw no flag
IN 80 at Jonesville, but die not
COX at the engine on 90 train until 1t was
lirec.ly opposite him. At the time % pass
ID he was in the cab Of his engine with the
Engineer. Patrick Haarahau, rear braks-
nan on NJ, testified that he saw 10 flag OF
70, but his position was not such to give
i'm an opportunity to see one On account
of the construction Of the engine on 80.
some documentary evidence taken at tie
lcsring befere the railroad commissioner,
which was reported in these columns az tho
HIe, was next produced, after which court
adjourned until this morning.
Court came in at clock Friday an
10 hearing of the mGnsiaughter case Of
state W. y orll and Stewart WIS continued.
be defence resumed the introduction OF
evidence, first putting in certain portions Of
ne testimony taken before the railroad COM
nissiopers This consisted of extracts from
ae testimony OF Engineer Rice, Fire
ivsr N that hearing and wGs in somo 70
Enocts inconsistent with their testimony
given ia this case Tue defence also PUT in
videncs and had read rules II, "a, 72, Is,
-, 124, 1926 and 1919 used by tho Central
ermont for the government OF its trains.
Trainmaster J.. i. Nash, Engineer b. W.
Blake and the presidents 5 assistant, j. NJ.
Foss were also called and testified with
cspeot to the extent Of the duty which
estoI upon traipmen OF train i III satisfy
ng themselves as to wLather or not train
b. carried a red nag.
fireman Reynolds and Brakeman How
and, who testified in behalf of the State,
were called to the stand. They testified
hat they did not see Engineer Rice "a any
ointinG and that taoy wero not in posi-
on to soc whether he did or not.
Brakeman &eer5, who was injured in the
rs!!ison aud who has bean in hospital here
pr at st. Al5an5 from the time of the accl-
lQnt till the opening o: this case, next tool
lie stand. He said that he was at til,
witch whom train 80 came into Jonesville
het no whistle for signals was given onC
bat he saw no flag. On cross examination
he state showed some discrepancies in hi
testimony and that given before Comuis
ricner Baylay, which Meurs explained Il
being the result OF his physical condition
WHOM he testified before tie railroad com
nissoners.
At this point TIE State was allowed t
coil Mr. bagey, VINO testified rs to wLa
be testimony of Maers given before him Il
he Aasllta wa. The rest Of the afternoo
IVES occupied III lengthy examination O
Q respondent Stewart. He testified tina
le had been in the employ Of the Centre
Vermont Railroad about u yaars and Ia
bsan conductor for somo seven years G.
bat time; that while waiting Mt Joresvill
@ took n position in the cupola of the 50
ucn car rs it wHs in his opinion tie bes
ont from which 20 observe the approac
4 lran 80, the side track at that place beir
s,uowhal lower than tho main line upo
which 50 was to come. lie looked closel
1t the engine of 80 and satifed himself thf
carried no flag and informed tho train
n 81. Of 80 that his train was train ", bl
received 10 communication from them.
Hespcudont Edward c. York was ti
ally witness called Saturday in tho rulroa
ase which has been occupying tho Gtteu ito
9 County Court for the past week. N0T
ostifsd tb0t he understood that IL was b
iuty to observe signals on train 90, If sh
pore any. nnd tnat he was in his scat in ii
ab and iooked at the front OF the engine a5
pproacAed aad saw no flag. After a fe'
ninutes spent in putting in Of documentar
vidsnca, the testimony was closed. II
emaindor Of the forenoon was spent in tl
discussion OF the true construction of Il
tGtuto under which this prosecution WI
brought and The scope Of the present indict
nent.
Tho court held that the statute should |
10 construed as to mako n trainman lab
or running on the time of another tre
hough he did it ignorantly, provided h
ignorance was due to his own negligonc
but held that as in this case the indictmel
bllegcd the knowledge Of respondents tb
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