Evening journal., 1894-11-13

fuse when we went around the curve.
The fuse would burn for ten minutes
and warn anything coming behind.
When we stopped, the engine was close
to the distance signal. The fuse began
to die out and | went back about 100
yards. The last time the train stopped
the caboose WAS opposite the station.
then went back about hfty yards, far
enough to stop anything. The middle
brakeman hallooed to me that No II was
going In on the " and / went back
further than | was before. My train
then pulled down and | stayed where l
was. ! think the signals we're white
The Delaware City train pulled across
| saw my train backing In on the ".
was standing between the end Of the
platform and the crossing. The Della
ware City train was standing across the
Delaware railroad tracks when left to
60 over to my train on the ". The red
was then on the distance signals.
The reason | left was that my
train had ac1ed In and stop.
ped, The distancs signals were on
and Isupposed everything was all right.
II hadn't | should never have left.
| had got to the cabin car when the col
| lision occurred. We were at Portera from
| twenty to thirty minutes before the
| accident occurred. The train had backed
in and stopped and l believed that 1t
WAS clear of the main track. Under the
circumstances | saw no necessity for put
ting out torpedoes. | received no signal
| to come In 1t Is not always given. The
signal is four blows. Five whistles mean
| go backp / was not given either signal
or / should have remained out there
| never knew freight train to back in Oh
/ that "Y" before was required under
| the rules to protect the rear OF the train.
| considered 1t my duty to do 1t. AS sooI
as thought everything was right on the
Delaware road / went to the caboose. My
rain was not moving when / got to It,
but commenced moving just as the New
York express dashed down. Il WAS al
| done In q second
THE conductor was my boss It wal
his duty to see that the hagman did bis
duty and went back to protect the train
II the train was so long that the Y
would not hold 1t 1t would have been mi
duty TO open the switch letting some o
i the cars 10 on the Delaware City tracks
II | was not there Ii was the middl
| braktman's place to do my work, but b.
4 uluh al Wa hys w ~ 40 ~ A0At ~ ohp w "
| his.
After this accident went down below
Delmar. Philip Jones. my conductor
advised me to go acted In the who'll
matter according to the best dictates o
my judgment"
MIR. Massey cross examined him a
length on his duties as fagman. II
admitted that he did not conform witt
the regulations
He WAS q very honest and intelligen
witness, particularly SO under cross
examination at the hands Of Mr. Mssse
who treated him with every posslbl
kindness
The Cross-examinatIon Concluded.
Court met at 10 o'clock sharp thl
morning, and Mr.. Biggs proceeded t
put In his case. The cross ex smiustio
Of Galloway was concluded and George
Lofmsn, William A. Carey, DIR James A
Draper, Edgar R Sipple, William "
Black, Jr, Alonzo g Turner and jane
w. Ware were called and testified t
circumstances attending the casualty.
The plaintiff was then called Sh
wore her widows weeds and evidentl
made 8 good impression by reason Of he
youth and modest demeanor.
She said, In part
William B. Whestley wRs,my husband
We were married on February ~, 1881
For time we lived at No. 605 Spruc
street, and subsequently removed to Eli
street. My first child. Mary Elizabeth
was born on June 8, 1899, and the secon
Is eight months old. having been born o
February %, 1894 My husban
made $50 500 or 500 a month
according to the number {
runs he made. We had never bee
able to save anything until the last tw
months, when we saved $25 and put
in the Savings Fnnd. / have no near
of Support my husbands funeri
expenses have never been paid because
never had the money. He was buried il
Old Swede's cemetery
She was not subjscted to cross exam
nation.
Big Verdict Asked For.
Mr.. Biggs-"If it please your honor
we have proved that the deceased mai
William B. Wheatley, made $500 a yea
The life tables gave him thirty six yeRl
, yet to live. This would bring his earn
ing capacity up to $23 ,760 and we ask
verdict for that amount" He the
rested.
Motion For a Non-suit.
Mr.. Massey immediately moved for
, non-suit upon the distinct ground hi
the onus rested upon the plaintiff TO 9
tablish negligence on the part Of Il
| defendant company The plaintiff hi
! not only failed to establish such neg
I gence, but had gone further and den
4 onstrated and disclosed that the orig
and cause Of the disaster we
! due to the negligence Of him WI
!: was a fellow servant He argu'
the motion at length and cited mar
d authorities to show that the employ
I could not be held accountable for injuti
! received by one servant when such /
iuries were due to fellow-servant.
a He was still arguing when court took
recess uutil 2 30 o'clock.
Elevated Board Walk at the light 81
1