The herald., 1893-01-28
DID HE WRECK THE TRAIN.


A Trial OF More than Usual Importance
Before Judge Smith.
J. Frank Warner was on trial yester-
day before Judge Smith and jury.
charged with placing obstructions on
the track OF the Santa Fe railroad west
of Duarte last December, by which a
passenger train was derailed and loss of
life only avoided by sheer luck.
There was considerable difficulty in
securing jury, and it became necessary
at noon to order special venire. The
jury as selected is rs follows: D. II.
Turner, Leonard @. CLARK, Leonard M.
Russell, l. V. Draper, Thos. f. Bixby,
Henderson Hood, j. @. Adams, Edward
w. Failor, Edwin Booth, G. Ii. White,
d. w. Rowland and John D. Young.
1t was quite late before the taking of
testimony began in the afternoon, and
only few witnesses were examined.
These witnesses were the trainmen who
were on board the train when the en-
| gine struck the distractions.
Louis l.. Baker, the engineer of the
train, described the accident. The train
was running along as usual, when the
engine was derailed and tipped over, he
and his fireman barely escaping horri-
BILE death. The engine, tender, two
baggage cars and passenger coach we're
derailed before the train was stopped,
the engine being tipped over on one side
of the track and the cars on the other.
Silas t. Phillips, another engineer,
and Daniel Tierney, track "boss," de-
scribed the wreck as they saw it.
George w. Prescott, in charge of the
wrecking party which was sent to the
scene of the accide-lt, was the last wit
ness for the afternoon. He stated, like
the others, what he saw when he
reached the wreck. He set about ascer-
tanning the cause OF the derailment, and
under the tender, between the rails
of the track, he found heavy
stone, weighing over 250 pounds. 1t
had evidently been lifted onto the track
from its bed, about 80 feet from where
it was found. The hole and the rock
were measured and corresponded ex-
actly, while all the indications showed
that the stone hsd been placed there not
long before.
The stone, which had been brought
into the court Scom after great exertion
by two men, was identified by the diff
ferent witnesses.
Up to the present time no witnesses
connecting the defendant with the crime
have been produced by the prosecution.
Warner is middle aged man, getting
slightly bald. If it is proven that he
did try to wreck passenger train for
some grudge against the railroad, no
punishment would be too severe for
him. He seems to be confident, how
ever, that he will not be convicted.
Court Notes.
Another demurrer to the Claude L.
Hill information was filed by M. E. @.
Munday yesterday, and was taken under
advisement by Judge Smith, the time
for the defendant to plead being con-
tinued to January 2Sth.
Judge Mckinley yesterday committed
young German girl, Carrie Malm, to
the insane asylum at Nepa. She tried
to commit suicide few months ago in
the lake at Westlake park, and has been
growing more unbalanced ever since.
Recently she went into Mrs. DIR. Beck
ett's rooms at the Lindley hospital, on
Sixth street, and claimed Mrs. Beckett's
baby, trying to take it away with her.
Yesterday the case of Eschrich' vs.
Moore, suit against the guardian and
| bondsmen to recover certain money, was
submitted upon briefs in Judge Shaw's
court.
The cases of Behlow VS.. Tunnison and
Tunnison VS.. Behlow, a suit for dam
ages, were on trial before Judge Clark
yesterday.
The sentence OF Albert Reed, ex-post-
master OF Carpenteria, convicted Of en-
bezzling money order funds, was contin-
ued by Judge Ross yesterday until Feb
ruary I'd.