The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-06-02
Justice Rogers Holds Operator.
and Conductor OF Car41
UNDER THOUSAND DOLLAR BOND
For Appearances Before the Criminal
Court Grand Jury = The Evidence
Brought out was Conhicting-Testi-
inony Adducsd that the Bell was
Soundcd-Whitman not Held on the
Charge Preferred Against him.

on the charge of criminal negligence,
causing the accident on the South Side
Wednesday evening, particulars of
which were given In yesterdays fntelli-
gencer, and OF w. J. Whitman, another
employe Of the Wheeling Railway Com
pany. who was charged with advising
Shaw and Sampson to escape before
their arrest by the police. Shaw and
: Sampson were held by Squire W. W.
Rogers, under 81 900 bond each for ap-
pearance before the criminal court
grand jury, and ut the suggestion OF
acting prosecuting attorney, +. w. Mes
bitt, Whitman was discharged. there
not being sufficient evidence In the opln-
ion of Mr. Nesbitt to sustain the Charge
The hearings were attended by large
crowd. which frequently showed Its par
tiality, even though these exhibitions Of
1t were frowned upon by the Justice.
A number OF witnesses were called
by the state. The FIRST being Z. w. Col
Inns, who testified that there had been
no ringing of the cars gong.
e, r. Metzner. employed In the office
OF the Hoffman tannery. near the scene
of the accident. was witness for the
defense, and he was allowed to testify
before the others. He said he was III
the office at the time of the accident, and
heard the violent ringing OF the bell fol-
lowed by the crash when the car struck
the wagon.
Joseph Hoffman was on Main street
near the scene of the accident, and saw
1t occur. He said both car and wagon
We're running slowly. He was asked IL
he or his family were financially inter-
ested In the railway company. and re-
piled In the negative.
James Vance saw the accident and
heard no bell; he believed the car was
Z running eight to ten miles an hour.
George s., Movers. a railroad engin-
eer. lives near the scene OF III. accldnt,
and witnessed 1t, He believed the car
was running eight TO ten miles an hour.
He heard no bell The motorman was
talking ia another man OF the front
platform nj the time,
Clarence Corners, Miss Florence
Gerstmao and boy. Milton Parker.
were other witnesses for the state.
For tho defense. Mrs. Mary Linton
testified briefly.
Albert f. To!and. night DISPATCHER at
tho barns. was on the car at the time:
Main street. When the accident occur
red the car was running not over four
miles M, hour. The motorman applied
! the- brake and made every effort to
avoid tho accident. TE5
,ro+orn,r shaw was MI, m tho stonl
He testified that he rang the bel! sew
.ro, tImos hefora rho wagon crossed tho
track The car he said. was running
no, more than Ave or six miles an hour.
This witness hroupht ont n new nhose
when he testified that Mt tho time OF the
accident the power was on. He did
everything possible to avoid the acct
den, b,t had no time to do more than
throw On the brake. After helpIng sew
efai iaoies from inc overturned ".|soh'
he turned ms tro''eS' anu ea'te up 'o""'
gong [" the leh'h street o'''ce on Or
defs from 'he hisht uispateNe'.
On cross eN'l''''ha''o:i W 'ir. Sesp't''
'he witness gave SOME ''i'o' ''H'i DIS W
the rhiea Oh the company as 10 speed.
lie SAID not more than eisht mics an
hour YVES allowed, and when 4 car Is de-