El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-01-10

the yards or ON an engine proceeding
through the yards and to have light
on the corner of the front car or
engine. The car which struck him
had neither.
Policeman Frank Winkler was
placed on the stand. He testified that
be was formerly in the employ of the
@. n. & s. A. railroad, as switchman
and yard foreman. He said that it
was the custom when proceeding
through the yards with engine or cars,
to have q man on the front end of the
engine or care in the direction. they
were moving. He said that this was
done under the strict orders of Super
iutendent Martin.
placed on the stand. He testified that
he was standing opposite the Pierson
b otel on the night in question. He
saw light come from between some
cars. 1t was so dark he could not see
the mao carrying it. He heard the
noise of escaping steam from the en-
CINE attached to the train. Suddenly
he saw the lantern dashed about and
fall to the ground. There was a cry
and cor siderable confusion. He did
not go to the spot and knew no5hing
more about it. He did not see the cars
which struck the man carrying the
light. They had no light displayed.
He heard no bell or whistle. The cars
were moving silently and gave no warn
ing of their approach.
The deposition of w. II. Kinney,
formerly brakeman in the employ of
the G. e., was read. Kinney depOsed
that he WAS on the caboose next to the
coal car which struck Collins. The
between It and the engine was a Ca
bose. The engine was pushing the
cabOOsc and coal car westward. The
ca boose was dead" that is, had no
lights. There were no lights nor
lookout on the coal car. The only
light on the cars was his lantern. AS
he passed the train which Collins was
making up he saw a lantern lying on
the ground aud Immediately gave the
engineer a signal to stop. Running
back he found Collins lying on the
ground, badly hurt.
J. II. Sim, formerly brakeman In
the employ of the G. 81. testified to the
custom in the yards here of having
man on the front of any moving cars
proceeding through the yard, to act as
a lookout.
@. F. Tegtmeyer, yardmaster in the
G. b. yards, testified this morning as
the fret witness for the defense. He
said that it is not the custom to
AoNC lOOhOuGS OE ulONlbs SoIo
east of the Campbell street cross
lug; that he had examined the
coal car which struck Collins and
found it loaded with pipe to the level
of the sideboards. There were no
projections. He had sent the engine
and crew for the cars to make up
train cast of where the accident
took place. He was about 300 yards
from the scene of the accident and did
rot see it. He said that
the accident occurred about
200 yards east of Campbell strest.
The cross examination corroborated
the testimony of the other witnesses
that the engine and cars which struck
Collins were moving westward at a
speed of 6 and miles an hour. They
we're on the main track
and there was no switch
between wber Collins was struck and
the Campbell street crossing which
they would have any occasion to go
upon. Mr.. TeRtmeyer had merely order
ed the cars brought eastward to where
the train was being made up. He
didn't know why they were going
westward at that point and that rate of
speed.