The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-26
Cumming With JOHNSON
Mclaughlin Wanted to Find Out What
He knew About Roberts Case.
SUCH MAS THE EXPLANATION
Judge Edwards Expressed himself Very
FOrcibly About the Effort 20 Tampcr
with tho Witness Mrs. Roberts
Seeks to Recover $4,000.

ware and Hudson Canal company de-
fendant. Attorney ]. Alton Davis and
Major Everett Warren represent Mrs.
Roberts and Judge Jessup and w. ii.
Jessup. jr.. are attorneys for the rail-
road company. The suit is for dam
ages in the sum of $4,000.
On oct. 49, 1892. Hugh Roberts, hus-
band of the plaintiff, then employed by
John Benore Il Son. lumber dealers.
was driving to Providence with "A load
OF lumber and at the Carbon street
crossing Of the Delaware and Hudson
company passenger train struck the
wagon; he was seated on it, and he re-
ceived such injuries that he died five
days later at the Lackawanna hospital.
II Is alleged by the plaintiff that the
death of Roberts was caused by the
negligence of the defendant company
by reason of the failure of the watch
man at the crossing to lower the gates
The widow was the first one sworn;
she testified to having been married to
Hugh Roberts ten months prior to his
death. Nine days before the accident
happened she gave birth to twins and
they were in court with her yesterday.
They are bright and pretty little girls
Mrs. Roberts is a handsome woman,
about % years of age Her husband
was "A years old when ne got killed and
was IlIlS SfV Il month. Df. II. Is,
Gardner was coroner at the time of the
accident, and the verdict rendered was
that 'the accident happened because of
the failure of the watchman to close
the gates"
said the Crossing Was dangerous.
Civil Engineer l.. A. Bartl swore that
he made map of Carbon street and is
we'll acquainted with the railroad cross
ing. He said that at distance of
twenty feet from the track on the east
side of the crossing Ii would be totally
impossible to see a train farther than
sity-five feet away on the Green Ridge
side, owing to the obstruction of the
houses on the right side of the street
going toward Providence.
DR.. w. q. Fulton, who attended Rob
erts at the Lackawanna hospital, testi-
fled that the deceased was a strong,
healthy man ordinarily, and that he
died from Inflammation of the brain
brought on by an accident. Assistant
City Clerk Evan X. Morris testified
that an ordinance had been passed by
the city requiring the railroad COM
pany to place gates at the Carbon
street crossing and at the New street
crossing. An ordinance regulating the
speed of trains, passed in 1883, was Of
fered in evidence. 1t was signed by
Colonel +. II. Ripple. the mayor, and
provided that trains must not run in
excess of six miles an hour within the
city limits.
w. a. Eenore. timekeeper for John
Benore & Son, testified that the de-
ceased was strong, healthy man, and
earned $l.55 per day. He had been in
the employ of the lumber firm fourteen
months prior to his death and was a
very steady man. A Mrs. Coar, who
lives near the crossing, testified that
she observed on that day that the
watchman at the crossing was not at
tending to his duty, that the gates were
not covered before the train came along
and killed Roberts.
JOhnsOn's Testimony.
Ben Johnson, the colOred ashman
from Kelley's Patch, was the next wit
ness. One Jack" MoI.oughlin, of oily.
phant, was brought up before Judge
Edwards to answer the serious charge
of having tried to load the colored man
so full of intoXicants that he would be
unable to testify. Mclaughlin had been
following Johnson for several days ana
was very friendly with him. purchasing
liquor without stint.
McLoughlin said that he had seen
the colored man at the instance of De-
tective Martin Crippen, of the Della
ware and Hudson, and Judge Jessup
said that Detective Crppen had in
structed Mclaughlin to follow the ash
man with no other object in view than
to see what he knew about the accident,
1t having been noised around that
Johnson had cock and bull story of
his own manufacture to tell when he
got on the witness stand.
Judge Edwards denounced the pro-
ceeding of tampering with the witness
as outrageous.
Johnson swOre that he was going to
the garbage dump on the other side
of the river and was driving with a
load of ashes right behind Roberts.
That Roberts was on his own wagon
and when he came to the Carbon street
crossing stopped and listened for an
approaching train. The gates were up
and Roberts. after listening and stop
ping for minute and half started up
his team and drove onto the track.
Just as Roberts was upon the tracks
with his wagon he was struck by the
passenger train. The witness was posi-
tive that the watchman at the crossing
had not lowered the gates, but that he
was reading newspaper In 'he shanty.
Wanted TO Prove Him " Thief.
In order to break down the credibil-
ity of the witness Judge Jessup asked
Mr.. Johnson on crOss-eXamination If
he had not once upon time been con-
victed on his own admission of stealing
chickens. and If at another time he had
not been arrested on the charge of
highway robbery for holding up boy
and taking 81 from him. Objection was
made to these question. Judge Jessup
told the court that the purpose was to
show that the witness was a notorious
.Jnhncnn i,,,n cI,
ments throughout. His answers were
rendered throughout his testimony in
true darkey style and they created
much merriment In court. He was on
the stand when court adjourned
The verdict In the case of William
Staples against the borough of Arch
bald, was fCG" the pjlaintiff in the sum
OF 800. In the case of A. Weidner
against the city of Scranton. n verdict
of $ls5 was taken by agreement. The
jury returned verdict of $3.50 I'm favor
of william G. Davis against w. Il.
Boland In the replevin suit for a sorrel
horse. The trespass suit of Max Kem-
mer and Elizabeth Wilson against the
city of Scranton that was on trial be-
fore Judge Archibald was adjourned
until today.
The MoyerIRichardson suit before
Judge Morrison in No. court room
went to the jury at $50. and the suit of
A. s. Blacsmore against John Spiegcl
was called for trial. A jury was called
and the case will go on today. Attor-
neys John $. Harding, son of ex-Judge
Harding, of WilkesBarre. and ID. +.
Reedy are for the plaintiff and Attor-
ney u. C. NewcOmb for the defendant.
The action Is for tearing down fence
in Lehigh township. and comes to court