Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-25
Jury Decides He Was Not Responsible for
Fred Eslin's Death.
Testimony to show the Lad Was In
jured by Falling Down an
Embankment.

and o. railroad who was arrested on a
charge of having thrown the coal, was
present with several friends. He was rep
resented by Attorney NJ. J. Colbert, while
Mr.. Laskey was present in the interest OF
the government.
1t was evident to the minds of the jury
that the boy received his injuries by falling
down the bank beside the railroad track,
and verdict to this effect was rendered.
Mr.. Collins was thereupon released.
Mr.. Collins is well known in Northeast
Washington and has been in the employ of
the railroad company for eleven years.
People who know him are certain that he
never had any idea of hurting the boy.
What he did they are satisfied was done
for the purpose of saving the boys life.
Engineer Chadwick's Testimony.
F. F. Chadwick. 1898 18th street north
east, was called. He was asked to tell the
jury what he knew of the injuries to the
boy.
answered.
ness?'
Il suppose because was on the engine"
he answered.
In what capacity?'
LAS engineer
Witness said he knew nothing of any
Wednesday morning. Thomas +. Collins,
he SAID, was fireman on the engine, but
witness knew of no trouble he had with
boys the morning stated.
DO boys ever bother the trainmen by
throwing at them?" the witness was asked.
Yes, SIR he answered. "rhey annoy
us very much at times
Did you ever know of trainmen throw
ing coal at boyS?" the coroner asked.
Il never did,
Witness said the number of his engine
was 100.
Description of Injuries.
DIR. l.. d. Swormstedt, who is Mr.. Eslin's
family physician, testified to his treatment
OF the boy. Wednesday afternoon, he said,
the boy was brought to his Office and he
found wound in the region of the right
eye. The wound was filled with small
particles of coal and witness was satisfied
that there was d fracture of the skull. Be
cause of the nature of the wound, witness
advised that the boy be removed to the
hospital, but he objected so strongly to GO
ing there that he was taken home. Thurs
day the patient was taken to the Homeo-
pathic Hospital where he died later in the
day. Witness assisted DR.. Ayler in max
ing the autopsy. He advised DIR. Ayler to
call in the coroner before making the
autopsy, but the latter told him not to call
the coroner. He had the permission of the
boys parents to make the autopsy, and
formed, and it was witness opinion that
the blow caused death.
Dr.. A. E. Ayler, resident physician at the
Homeopathic Hospital. described the condi-
ton of the patient when he was brought
to the hospital, and also told of the au-
topsy- He said he could not say what was
the immediate cause of death. 1t may have
been from the anaesthetic it may have
been from hemorrhage.
AVa Teeple, 1892 Florida avenue, testi-
fled that he found Esin in a kneeling posi-
ton near the Blair School Wednesday
morning There was a wound over his eye,
and witness wiped off the blood with his
handkerchief Esiin, ne said, told him that
he heard somebody call Look out!' and
when he turned piece of coal struck him.
Accuses Collins.
Hugh Bartlett, nine years old, of 1912
street, testified that he was on his way to
school Wednesday morning and was walk
ing behind Eslin when he saw the piece of
coal thrown.
DO you know who threw it?' the wit
ness was asked.
Il know his name"
Would You know him if you were to
see him.
Il think / would"
Look around said the coroner. land
see if he is in this room"
There he isl said the witness, pointing
to Collins.
And what is his name?"
Thomas Collins.
Are you sure that Collins threw the
coal?'
1T looked to ne like he threw it,
Witness said that after throwing the coal
Collins stopped as if he were going to throw
again, and witness jumped behind a tele-
graph pole. The engine was backing to-
wards the round house at the time.
Witness said he knew of no reason for
Collins to throw the coal. He knew that
boys frequently annoyed the trainmen by
throwing at cars. Not long ago two car
windows were smashed and the boys had to
pay for them. Some boys, he said, have
been suspended from school for throwing
at cars. The engine was backing towards
the round house at Trinidad.
Further questioned by Mr.. Lasky, witness
said he did not see the man when he ac-
tually threw the coal. He saw the coal
come from the tenGer and Collins was the
only man on the tender.
Witness said he loitered between home
and school. He did this because the boys
at school made fun of him by calling him
Dewey" on account of his sailor clothes.
He gave the name of another boy whom
he said had witnessed the affair.
In His own Behalf.
Thomas Collins, who was under arrest,
testified that he was on the tender of the
engine on the day charged, and saw two
boys, one assisting the other, VINO was
walking on the track. He called to the
boys to get off the track, and he picked uD
a piece of coal to brighten them off. The
boys fell and rolled off the track, and he
said he thanked God they were safe. He
then threw the coal on the tender and it
may have bounced off. Collins said his
conscience was clear, for he was certain no
coal from his hard had struck the boy.
WAS there any coal on the track or the
bank?' Collins was asked.
There was soma ballast and cinders
there" he answered.
The boys were only about forty feet from
the engine when they went down The bank,
he said.
Collins was cross-examined by Mr..
Lasky.
Did you throw the piece of coal at the
boy?' Mr. Lasky, asked.
NO, SIR" answered Collins. II wouldn'
hit dog with piece of coal"
DR.. GlaZebrook was again questioned, and
he said that the injury could have been in
fiicted by the boy falling against a sharp
stone or piece of COAL The location of the
wound showed that this could have easily
been done. When the inquest was finished
Undertaken Spindler took charge of the
body.
Wife Wants Dfv0fce.
Unbh Gov