Mexico weekly ledger., 1895-10-31
ENGINEER JULIAN IN COURT.
A Preliminary Hearing Granted Him
in Justice Winscott's Court--Tes-
timony of Witnesses.

III duStlce WlnSc0ttS C0urt-Tes-
timony of Witnesses.
I. E. Julian, the Wabash engineer
who had charge of freight train No. %
at the time of the awful accident.
which occurred at Martinsburg Tues
day, Oct. %, was granted a prelimi-
nary hearing before Justice Winscott
in this city Wednesday morning.
Robertson and Cant appeared for the
defendant, while Prosecuting Attor-
ney j. G. Tripble and R. d. Rodgers
had charge of the prosecution.
The case was called at 1880 and the
first witness examined was Coroner
Rodes, who stated briefly the condi-
ton in which he found Edwin Thomp-
sons body. DIR. Rodes said that the
neck was broken and the head SO bad
ly crushed that the face was 4 inches
longer than in life, either of which in
juries would have proven fatal.
The next witness was Charles H.
Williams, of Moberly, who was con-
ductor on train No. 81 at the time of
the accident. Mr.. Williams stated
that at the time of the collision he
had three lights on his caboose, the
regulation cupola and side lights, and
that they were unusually bright.
Further than this he said that know
ing % was following him he left a
message at Montgomery City for the
engineer and conductor of %, which,
as nearly as he could remember, read
as follows:
STo conductor and engineer of No.
%: Look out for train p at Mont
gomery water tank, Weilsvi.le and
Martinsburg on main track"
(Signed.) WILLIAMS.
He also said that at the time of the
collision he was standing in a freight
car two cars from the caboose re-
ceiving freight, when some one yell
ed: "Look out, there is a train about
to strike you!" He looked out of the
car door towards the rear of his train
and saw the headlight Of % within two
car lengths of his train. He jumped
from the car and just as he reached
the platform the crash ami On be-
ing cross-examined the above testi-
mony was sustained. Mr.. Williams
also stated that he had received an Or
der to look out for train No. %, and
that it was for this reason that he left
the message at Montgomery telling
the engineer and conductor of No. %
to look out for No. p at Montgomery
water tank, Wellsville or Martins
burg.
The next witness called was j. w.
Rutherford, a farmer living near
Martinsburg, who was about a quarter
of a mile away from the caboose of
train No. 81 at the time of the acct
dent, and who said that the rearlights
on q YER all lighted and shining
brightly.
After Mr.. Rutherford had been
cross-examined J. T. Mcdaniel, also a
farmer, who was about the same dis
lance from the caboose as Mr.. Ruther-
ford, stated that he had seen the rear
lights on No. 81, and that at the time
he saw them, which was but a short
time before the collision, they were
shining brightly.
The next person to take the wit
ness stand was J. @. Ong, head brake
man of train No %. Mr.. Ong stated
that at Montgomery conductor j. A.
Ostrander of his train handed him a
copy of the message left by conductor
Williams of No. 81, and told him to
give it to engineer Julian, which he
did. He said that he did not notice
the message particularly but distinct
ly remembers having seen the names
"Montgomery water tank, W%ellsyille
and Martinsburg."
The next witness called was W. j.
McCrabb, of Moberly, who was rear
brakeman on train No. 81. His testi-
mony was very important in that, on
him rested the authenticity of the fact
as to whether or not he or one of the
passengers hung out the rear lights on
the caboose. When the question,
'sDid not Mr.. Inslin, a passenger, hang
out the rear ~signals?" He answered
ono" emphatically. He further stated
that he himself had hung out the
lights when the train was near the
Wellsville coal chute and that he had
noticed them from time to time, and
that they were burning brightly. A
rigid cross-examination did not change
his testimony in the least. This was
the last witness examined before 60
ing to press.
Throughout the examination of wit
lesses, Engineer Julian appeared as
cool and unconcerned as if he had
never seen an accident, and when he
did not have a cigar in his mouth he
vigorously chewed gum.
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