The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-02-20

animation said it might be 1,2O0 feet
Mr. LOOMS asked the witness to make
exact measurements of the distance
train could be seen from the crossing so
that he could testify positively on that
point later
Mr.. Bowhay. the young man with
whom Miss Bush was riding at the
time of the accident. testified next
What is your name?'' asked Judge
Allen.
wv. A. c. Bowhay."
Where do you live?"
''1143 Clay street"
Are you acquainted with Miss Vida
Bush?"
Il am
was buggy riding with you on August
16 last"
"She was'
How did she come to COZ"
The evening before 1 had gone out
to get her brother but he had to work
and she rode around the block with me,
and asked her to go riding with me
the next evening
After the witness had described the
rig in which the trip was taken, Judge
Allen asked:
What time was it when you
started?"
About 7:3O or s."
Where did you go?"
I'VE drove around on this side of the
river for a while and then went over on
the north side and out towards Calhoun
Bluffs.
What did you do?"
when we got out to the bluff look
ed at my watch and then turned TO
come back to town.
What time was it when you looked
at your Watch2"
between Is and 20 minutes after g."
Did any trains pass you?"
There was d freight train passed US
as we were going out, and coming back
when we got nearly to the crossing we
aCD ard hAr in n
ped to let it pass. After it had gone by
I started on and let the horse walk to
the crossing as it was little up grade
Just as the horse reached the track Miss
Bush said something about tram
coming. 1 turned to look and at the
same time reached for the whip l guess
I must have missed it, for the next
thing the train struck US and / didn
know any more about it for while.
L didn't fully recover my senses for
about week. 1 can remember when
Mr.. Veale came to me and q few things
after that, but nothing connected. re-
member asking what struck me and
some other foolish questions.
rs your hearing pretty good, Mr..
Eowhay?"
Yes, sir, have never had to com
plain of it"
Did you hear the train whistle at
all?"
mo, sir. and I am sure I could have
head it if it had whistled."
Did Miss Bush have anything to do
with the driving or did she give you
any directions?"
Il didn't hear her give any. as
reached for the whip she raised up but
1 don't know whether she jumped or
not
.were you equally attentive before
the train struck you as you were before
the freight train came along?"
Yes, sir"
did you hear the freight train before
it reached yOu2'
Yes, I saw it and heard it two or
three minutes before it passed up
On cross discrimination Mr. Bowhay
went over the story of the accident
more in detail
DR.. Grubbs, who attended Miss Bush
after she was injured, was placed on
the stand to describe her injuries, and
after him James Haley, a small colored
boy, who lives a short distance from the
scene of the accident. testified that he
was watching for the trains that night
and he did not hear the train whistle
before it collided with Bowhay and
Miss Bush. He also testified as to see
ing the horse dead and the buggy
smashed the next day.
How old are you, James," asked
Mr.. Loomis on cross examination.
Did you. hear that train go by that
night?"
mo, sah."
Where were you about the time it
passed?''
"Sittin' in the do way"
when did you first see it?'
Wen it was stoppin' down by the
crossin' y
DO you say it didn't whistle for that
crossing?"
mo, sab. it didn't
How do you know it didn't?'-
"WeH, I just knows it."
YES but how do you know it?''
I'VE wuZ listnin' and watchin' for the
trains
What were you listening for the
trains for?"
ITO see what number they wuz.'
Can you tell the number of the
trains by hearing them?"
Il can tell the number of the injuns. -
How do you tell that?"
"By the whistle"
This sounded like a rather ''hshy''
story and to test him Mr.. LOOMS asked
him to give the numbers of the locomo-
tives which he knew simply by hearing
them whistle, and without hesitation
the boy ratified off six or eight numbers
and told whether they were Union Pa
citic or Rock Island engines. Mr..
LOOMS made a note of all the numbers
given in order to see if they were cor
rect. The boy further said positively
that he did not hear the passenger
train go by, although he heard engine
$40 go by with freight train some
time before and recognized it by its
whistle.
James Haley, sr., the father of the boy.
testified next, and said positively that
the engine on the passenger train did
not whistle for the crossing where the
accident occurred. He said he was out
in the yard back of his house when the
train went by and noticed it then and
after it had run on down the track and
backed again to the scene of the acct
dent He said it whistled for the cross
ing three-quarters of a mile further
east, but not for the one where the acct
dent happened.
Before the defense cross examined
the witness Judge Hazen adjourned the
court for the noon recess.
VICIOUS INSANE MAN.
.Tnsarnh HOclrard BATTLES With the