The Providence news. (Providence [R.I.]) 1891-1906, 1898-12-16
Case viii Be Carried to Massachusetts,
Supreme Court on Exceptions.
STRONG PLEA FOR THE DEFENDANT
Made BY LAWYER Grover He Claimed That The Air
Brakes Failed 10 Work Judge Sherman
Made Short Charge.

Dedham, Mass, Dec. 16.-The second
day of the trial OF engineer Daniel w.
Getchell, who is charged with man
slaughter In causing the death OF
Franklin w. Waters by negligently al
lowing train OF which he had charge
To run into another one standing at
the Sharon station last August, opened
at o'clock yesterday morning.
The point at issue during the entire
session was whether or not the air,
brakes of Getchelrs tran were defect
i've. The defence claims that they were
and the Government denies the asser-
ton.
The first witness called was Ralph
G. Munroe, of Jamaica Plain, who was
brakeman on GetchelPs tram. He said
he felt the application of the brakes,
but heard no whistle
Frederick TWombly, master mechanic
of the y. Y, n. II. and II. Railroad,
was questioned ms TO whether certain
books issued by the railroad were guides
or books of instruction. He said they
were TO educate engineers i'm regard 10
the work of air brakes. This ended
the Governments case
Thomas r.. Grover then opened for
the defence. He referred TO the fact
that the most perfect apparatus may
sometimes refuse TO work. THE en-
gineers," he said las you have seen,
have nothing to do with the air brakes
except To apply them.
The first witness called for the de-
fence was Alexander McVane of Taun-
ton station who said that while stand
ing at the Taunton station August
n. he saw some cars coupled, and
thought they sounded loose some
where" on DISCRIMINATION. he
said he could not say tnat the cars
were in the train that Getchell ran.
Frank Endicott, a civil engineer OF
Canton, then testified as to certain To-
cations, and William Draper of Bos-
ton, who had worked on air brakes in
several founderies, and was passen-
ger on Getchelfs train on the evening
of August 2i said he felt the applica-
tion OF air brakes near the bridge,
. shove the Sharon station, but the ap-
plication did not seem To slacken the
speed of the train. This was several
minutes before the accident.
The defendant. Daniel w. Getchell.
testified that ne had been employed
in railroading about 17l5 years, and
had been an engineer more than five
years. Last August he was ordered To
run to Boston and take engine No. 115.
When orders were given this engine
was on the road somewhere. ON sun
day night. August 81, the date desig-
mated for the run, he went to the
roundhouse and took the engine and
staNed with il at four minutes past I,
at Mansfield, with the second section
of the New Bedford train. When he
reached sharon Heights he shut off
steam and applied the brakes slightly.
When at a point a short distance from
Sharon station, he saw a red light. and
Immediately set the air brakes. but IL
did no good. Then he used the emerg-
ency as quickly as possible. He was
running about 90 miles an hour when he
passed Sharon Heights. He had to
stop at Sharon station. When he re-
Versed the lever he was about six car
lengths hfrom the rear Of the train a
head which was standing at the sta
tlon.
He was subjected TO searching cross
examination by District Attorney Har-
ris.
The first witness called after the noon
hour, was Benjamin +. Clifford, n coal
dealer residing I'm Mansfield He testi-
fed that he had lived there for II years.
lie knew Getchell well. and gave him
good character.
District Attorney Harris interrupted
and said the prosecution admitted that
the defendant had "A good character
and would not claim the contrary.
Lawyer Grover, Getchelrs counsel