St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1894-06-28

brakemen; that he left St. Johnsbury
against orders and the collision re-
suited. After the accident Drew
told one of his brakemen he had re-
ceived orders to wait at St. Johns
bury, and he ran away that
night and left the country for the
time being.
Mr.. Prouty said there was no par
ticular dispute over the facts. Mr..
Drew had received orders to stay
at St. Johnsbury until further orders.
The order should be read to engineer
and at the time the order was re-
ceived in Wells River the engineer,
fireman and one of the brakemen
heard the order. They were all equal
ly responsible to see the orders
obeyed. Train No. s had no right
to leave Lyndonville without a spe-
cial order until train No. II (Drew's
train) reached Lyndonville. More
over, No. II had the right of way
and should be first notified that No.
s was to meet him at St. Johnsbury.
No such notice was sent to St. Johns
bury and Drew's train came to St.
Johnsbury three hours late. Engi-
neer Clark and Drew talked with the
St. Johnsbury operator and then left
this town forgetting that part of
the orders to wait here. The engi-
neer and fireman OF Drew's train was
killed and another engineer who had
no right to be riding on the engine.
At 9 O'Clock the day before Drew ran
special to White River Junction,
then turned around and came to St.
-, h I,a F0- L.
Drew's children were very sick at
this time. Did Drew commit such an
act of criminal negligence as to make
him guilty of manslaughter?
J. c. Bacon of St. Johnsbury Cen
ter testified that he saw the collision
but did not see Drew at that time
When he first saw the trains they were
three-quarters of a mile apart and
the down train was whistling for
brakes. He heard no alarm from the
up train.
L. c. Todd of Lyndonville, master
mechanic Of the Passumpsic railroad,
described the wreck and the finding
of Clark body. Ga cross-examina
tion Todd allowed that engineer
West was a trespasser on the up
vers then ensued as to whether or
not Drew was responsible for Engi-
neer Vests death, The court all
lowed the defence to continue along
this line and rule 161 of the time
table was put in evidence torbidding
passengers on engines. The time
table and rules were then offered in
evidence.
Geo. W. Knight, general foreman
Of the car shops at Lyndonuille, de-
scribed the wreck, saying that about
25 or 80 cars, mostly loaded, were
derailed.
Charles Cobb of St. Johnsbury
Center described the condition of the
wreck when he got there.
Napoleon Bedard, the engineer on
the south-bound train, exhibited the
orders given him to run to St. Johns
bury. He sa W the north-bound train
just as he neared Cobb's crossing.
He called for brakes, reversed his Ell
gine. When he first saw the other
train the two trains were three-quar-
ters of mile apart. When he saw
the train again it was 100 rods from
his train and the north-bound train
was still working steam. My train
reduced speed one-half, and jumped
before the trains met. Didn't see
Drew at all.
John Robage, the forward brake
man on the down train, was the
first man to see the up train. He
shouted to Engineer Bedard, "A
train is coming up" He said the
up train kept working steam and
his train kept whistling to attract
attention OF other train.
A. D. Paige of Lyndonville, chief
train dispatcher, was kept on the
stand two hours and submitted to a
severe cross examination by Lawyer
| Prouty. Train No. II, Drew train,
left Lyndonville Sunday, Feb. 90,
at 9 p. m. 1t went to White River
| Junction in the night and left there
coming north at S.46 a. m. Monday.
Was due at Lyndonville at IL 40 p. m.
| Mr.. Paige then produced the clear
ance orders for Drew's train and
Drew's reports of his train. No or
der was given to Drew to go be-
yond St. Johnsburv. On cross ex-
amina ton Mr.. Paige testified that
Drew was out all night before the
accident; that Drew did not need to
have an order at St. Johnsbury to
meet the down-train as he had al
ready received orders to wait at St.
Johnsbury for further orders. Mr.
| Prouty examined the witness quite
awhile to make him admit that
Drew had received a complicated
clearance order. Mr.. Paige denied
that he gave complicated order to
Drew and said it was an order that
was given to other trainmen on
other occas Ons.
Burton Hartwell testified as to
what he saw and did at the accident,
and as to Drew's whereabouts on
the train. Described the scenes at