The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-31
The Jones TRESPASS suit
Surprising Testimony Given by
Michael TOOmey.
HE HEARD AN ENGINE WHISTLE
Was Six Hundred Yards from the Cross.
ing ut the Time-Othcr Testimony
That Was Heard During tho
Progress of tho Trial

Usually tit tIldi VI tTeSDdSS Sulls
arising out of accidents at a grade
crossing is tedious, but the case of
David q. Jones against the Delaware
and Hudson Canal company in No. >
court room before Judge Mcclure is
quite interesting.
There was rollicking time for a few
minutes yesterday afternoon. FIX
Judge Jessup called as a witness for
the defense a man well along in years
named Michael Toomey, of Carbon
street. When Toomey took his seat in
the boz he was asked If he remembered
Sept. >, 1890, the date of the accident.
The question had to be shouted in his
ear as well as all other interrogatories
put to him. He said on the above
named evening he was walking along
Love road about 800 yards from the
Delaware and Hudson tracks and when
the freight train which caused the ac-
cident was about 800 yards from the
Carbon street crossing, he heard the
whistle of the engine blow twice.
There was such laughter following
this statement that the court, jury
and audience took minutes recess
and enjoyed it. Judge Jessup after
ward brought out the fact that Toomey
was not as deaf then as he, now is.
i. J. Kelley. of Carbon street, was POO
feet west of the Carbon street crossing
when the train ran into the buggy. He
heard the engine blow for the cross
"S 900 r,a, T,Ia.
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=,
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testimony OF brakeman hniSht.
Brakeman Knight testified lie was
on the train and heard the engineer
whistle for the crossing and heard
whistle afterward for down brakes
The train came to stop when the
caboose got about twenty feet below
the crossing. To the best of his Judg-
ment the speed OF the train was not
more than siN or eisnt miles an hour'
tie swore positively that therc was no
train standing on the northbound' track
which would obSlruct the view OF any
one using the carbon street crossing
ana gong 10 the North End. Inc
piaintlif contends that there was a
tram stopped on the northbound track
Il leW leet above the CROSSING ana that
II INSTRUCTED the view oil the South-
bound track.
conrad NtIeS, the Hagman on th'
train, swore that there was no train
stopped ON the nOrthbound track above
the crossing When the freight tram
came along ana ran INTO the buggy
lie heard the engineer whistle Tor the
crossing ana whistle Tor brakes. the
train, h" said was not running faster
thah SIX or eiSht mics an hour. Major
Warren asked him II Martin Crippen
had not made him rehearse his story
so that he could sing 1t. lie denied the
impeachment.
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