Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-06-02

was next called by the prosecution.
he WAS sitting in the front door when
the accident occurred. He saw car II
run south past the door, going from 10
to II miles an hour. The mOtorman
was talking TO man on the front plat
form. WlIness heard no bell ring.
After the accident witness ran to the
scene and assisted as much as possible.
Mr.. Jas. hoffman was then put on the
stand by the defense, 10 allow him to
get away early. He said that he had
left the Jannery and was walking north
on the west side of Main street, just
above Twenty-fourth Witness saw
both wagon and car. Both were COM
ing very slowly. The wagon was just
about TWO car lengths in front Wit
ness heard the gong sounded. He saw
the wagon turn over the track and the
car strike it. When asked if the car
could not have been stopped, he said
1t could have been. Said he did not
know why it was not stopped.
On cross examination, Mr.. Nesbitt
asked Have you any interests in
the street railway company"
4 have not, was the reply.
Has your father?" said Mr.. Nesbitt.
NO, sir"
Has any of your relatives?"
No, sir"
The witness was then excused
Clarence Conner, son of E. W. Con-
nor, was the next witness examined for
the prosecution. He was acting as
conductor on the back of the wagon, Had
his head inside the rear curtain, as it
was raining. He heard no bell sound
ed. Witness knew nothing else. except
that the wagon had been struck and
overturned.
Florence Gerstman and Milton Park
er. engine driver at Company No 8,
were the only other witnesses for the
prosecution. Their evidence only cor
roborated the testimony given by wit
nesses for the State.
Miss Mary Linton and Mrs. Mary
Linvill, who were passengers on the
wagon, were examined. Their testi-
mony In brief was that they neither
heard the approach of the car nor the
gong ring. The first they knew of the
cars approach was when the wagon
was struck.
Albert E. Toland, employed by the
railway company as night dispatcher
at the barns, was then examined. He
was riding on the front platform of car
Al, southbound, when the accident oc-
Cured. The car was not moving more
than four or five miles an hour when
the wagon was struck. The power was
OF and the car was coasting on the
slight down grade. The motorman
kept his gong ringing from time to
time all the way down Main street
When the driver of the wagon turned
his horse across the track the car was
between twelve and fifteen feet be-
hind. The motorman Immediately
rang the gong and applied the brakes.
The car struck the wagon and was
brought to stop. The rails were wet
and the car was hard to hold was the
reason the accident was not avoided
After the collision he ordered the
motorman to run the car back to the
Tenth street Office, which was done.
Shaw was then put on the stand and
bore out the testimony of the night dis
patcher. Shaw is from Philadelphia
and an experienced motorman
August Samsel, the other defendant,
was on the back platform and did not
see anything except that the wagon
further up the street was moving along
about as fast as the car.
At the conclusion of the testimony
Mr. Erskine said that it was very clear
to his mind that no case of a criminal
nature could be sustained by the evil
dence, as it was impossible to stop a
car weighing six tons or more.
Mr.. Nesbitt's opinion was that it was
a case of probable cause and that the
decision lay with the justice.
Both defendants were held under
bond for the Criminal Court