The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-09-28
A MAJORITY AGAINST HIN.
The COrOneT'S Investigation Of Young
BIueStein'S Death.

Six Of the Jury Place the RESPONSE
bility Upon the Motorman and the
Railway Company and Five Dissent
From the Verdict-The Facts
Brought Out by the Testimony.
Acting Coroner Naughtin held an in
quest yesterday over the body Of Barney
Bluenstein, who was killed by electric
car No. 20, Tuesday. The inquest lasted
about three hours.
There were eleven witnesses in all, and
some of them testified that the motorman
did not ring his bell on his approach to
the square, while others said that he did.
Testimony on this point was conflicting.
1t showed that the boys hair was caught
under the car wheel and that he was
dragged anywhere from Is to 20 feet be-
fore the car was stopped. This was prob
ably the cause of his neck being broken.
1t was also shown that the boys were evil
IDENTIFY unaware of the approach of the
car, but the motorman knew nothing of
this, as none of the boys were near the
track when he entered the square.
The testimony of Lois Garfmkel was
probably clearer than that of any of the
other witnesses for the state. Garfunkel,
who was with Bluestein just before the
accident, testified that Barney had kicked
the stick in the game which the boys
were playing, and was running for the
tree about % feet from where he kicked
it. He ran two or three feet past the
tree and stopped. 'None of US" said
Garfunkel," saw the car until it was
about two or three feet from us. l cried
to Barney to look out and he started TO
run but before he could do so the car
struck him in the back Of the leg, knocking
his legs from under him, and him across
the track. l heard no bell. The car
dragged him thirty or thirty-1ve feet
after he was struck. l cried to the mo-
torman TO stop, but he did so when he
was told by the conductor. The boys
head was half way under the wheel. He
was not dead when pulled out from un
der the car. His head was on the rail
and his hair was caught in the wheel.
He was not running when the car struck
him, but had just stopped.
@. E. Pitts, the motorman, testified
that he rang his bell from the time he
crossed York street lane until he passed
York street, but seeing nothing in the
way he did not ring 1t any further. The
boys were playing thirty-ive or forty
feet from the track, and he had no idea
that they would come anywhere near it.
w lCn CLOSS6u SbICCb, AlI,
Pitts said, "a small boy jumped directly
in front OF the car about three or four
feet from it. l endeavored to stop at
| once, and don't think the car went over
half its length before it stopped. l was
| running very slow just before | hit him,
going between four and four and one-hah
miles an hour.n
After hearing all the testimony the
| Jury brought in the following verdict:
1--WE, the jury, find that Barney Blue
stein came to his death from being struck
| by car % of the Electric Railway Com
| pany in Liberty square on Sept. rs, 1893,
and we consider that the motorman, Mr..
| G. E. Pitts, showed negligence on his
| part, otherwise we think the same could
| have been avoided
This was signed by M. M. Sullivan,
| foreman, H. L. Bennett, John H. Keough,
j. J. Cue, D. j. Quinan and M. L. Lilien-
thai.
The following dissented from the YER
| dict; r. H. McHugh, Charles E. Mallette,
| H. j. Winkers, John Kibray and Nick
| Aprea.
The jury was out for sometime on the
case and in the end reached no agree
ment as a whole. Six of them thought
that the motorman was to blame while
the others thought that the verdict
| should be in his favor. AS there were
| only eleven jurors the majority was
| against Pitts.
Mr.. H. j. Winkers said he didn't ex-
| actly see how the motorman could be
| blamed for the accident, but he thinks
that the city ought to require the railway
! companies, where they run through the
squares to put ratings along the side of
the track, so that all such accidents can
! be avoided in the future
| Motorman Pitts, who was released
| shortly aztec his arrest the day before,
was not rearrested after the verdict was
| brought in.