The times., 1897-09-11
DEATH WAS ACCIDENTAL
Louis Cunningham Responsible
for His Own Demise.
THREE JURORS DISSENTED
A Majority. However, Ruled, aud
the Verdict ExOBerated the Rail-
way Company From Blame-CoIn-
pany Had Provided Good Safe
guards Against Accidents.

The oormer's jury impaneled by Jus
tioe c. S. Peters at Silver Springs TO
irqure into the circumstances connected
with tie death Of Nr. Louis Cunningham.
who was run over by al electric car on
the Washington, Woodside ard Forest Glen
Company on Sunday night, September .,
at $50. 5ust north Of the baltimore and
Qiio rsiIioaG track, returned a verdict OF
accidental death.
Tie jury OF inquest was organized on
last Tuesday, and the testimony taken at
that hearing has already been given sub
stantiaIIy in The Times. Together with
that taken yesterday, in the main 1T went
L. show THAI the Unfortunate man was in
q great measure. IL not wholly, responsible
for has own death Several witnesses testi-
fled 70 having seen Mr.. Cunningham dur
ing the early part Of tie evening under the
influence q whisky, and that soon after
the aocideslt flask partly filed with
llauoT was found in his pocket.
During the Investigation yesterday, Mr..
O'Brion, superintendent Of the Washing
ton, WaodSide and Forest Glen Road, was
examined 81 length as TO the equipment
of the cars IN that road The cars, he
said, have no basket or extended frCnt
fender, 5ut are protected wholly by a trip
guard, which unoeC ordinary circumstances
is more effective than the other apparatus.
This trip guard is about eight inches from
the track.
From the testimony OF Drs. Stone and
Darling tappCarsfrOm the p0sitionin which
Cunningham was when the car ran over
him, that IL would have been impossible for
the trip fender 10 have saved him. Gun
ninghRm's leg, these witnesses said, was
Lying ..cross me rail, and in such d manner
that II the trip guard had been three or
four inches lower IL is doubtful If II would
have saved the limb from being crashed.
Mr- Schotloff, the motornan on the
car which caused Cunninghams death,
testified that he did not notice anything
on the track until he was within eight or
ten feet OF the spot where the accident
occurred Under ordinary circumstances.
he said, he could see man on a rail on
the track a distance Of 125 feet. The
reason. however, De explained, that n did
not see CgIningham's leg acTOSs the track
is tnat at that place the track curves.
At the point where the accident occurred
there is slight curve in the track
Ut. Darling also stated that at Garfield
Hospital when whisky was offered Mfr
Cunningham as a stinulant, he refused
it, saying that whisky had cost him his life.
The State was represented by Common
wealth Attorney Alexander Kilgoure and
the railroad oaHpany by Mr.. c. W Prede-
man. tut neither Of them made arguments
20 the Jgry.
After dehberating about five minutes
tie jury returned the following verdict:
N-efInd from evidence adduced that Louis
Cunningham died at the Garfield Hospital
Washing gton, u. e., September s, 1897.
from injuries received by being run over
by an electric car OF the Washington Wood
side and Forest Glen Company, on sun
day, the 9th OF September, at $50 p. m.
and after hearing yoluminOus testimony
are Of the opinion that the accident by
which Louis Cunningham came 10 his death
was unavoidable. signed,
BENJ. Il. PETERS, Foreman.
The other members Of the jury were r.
". Eardisty. 7. e. Hardisty, Hugh
o'DonneH. Wilbur +. CisseI, George Bur
dette, George Hardisty, Herbert X Har-
disty. George p. C8burn, Clarence Bennett,
Howard Esrlisty. and Frederick Beck
The last three named jurors, however,
refused 10 sign the verdict without giving
any Reason f0r their dissenting BEFORE
the verdict " was reached, however. it was
agreed tlat the verdict should be the eX-
pressed sentiment Of a majority OF the
Jurors