Evening star., 1900-08-14
James E. Bates Responsible for Wash
ington Fenwick's Death.
VERDICT OF FHE CORONER'S JURY
The Benning Railway Crossing Not
Properly Protected.
FAILED TO GIVE WARNING


station today in the case Of Washington
Fenwick the colored expressman who was
killed by a Pennsylvania railroad train on
the Benning crossing Sunday night. Sew
eral witnesses were examined and the jury
returned a verdict holding James E. Bates,
colored. the gateman at the crossing, re-
sponsible for Fenwicks death. The jury
also recommended that the District Com
missioners be notified that the crossing was
not protected SO as to give ample warning
to pedestrians. The BELLS the jury pointed
out, were out Of order and the engine, the
jurors stated, did not give warning in time
The deceased who was forty-four years
old, lived at A Jackson street. He had been
in the express business in this city for
many years and was well known. His body
was removed to his late home this after
noon. from where the funeral will probably
take place tomorrow. The interment will
be at Mount Olivet cemetery.
Bates was committed to jail for the ac-
ton Of the grand jury.
Policeman Testifies.
Policeman s. L. H. Russell testified that
Sunday night he was several hundred yards
from the Benning crossing when express
train No. 65 came in. Just after the train
went over the crossing he was told that
there was some trouble there. Then he
heard a whistle blown. and hurrying to
the crossing he found the gateman, James
E. Bates, and Mr.. Smith, one of the yard
men, there. Witness saw the victim OF the
accident lying on his face several feet
south of the crossing, while fragments OF
the wagon were scattered in every direc-
ton. There was no blood on the tracks.
Witness was told that the horses had
cleared the tracks and that the train had
struck only the wagon. The horses ran
away and were caught between the bridge
and 18th street east.
The gateman told witness that the horses
came down the road at a fast pace. and
seeing that he could not get the gates
down to keep out the team he left them
up. hoping the driver would get over the
tracks ahead of the train. Washington
Fenwck. he said, was alive when he found
him, but he was not conscious. He was re-
moved to the city in a box car that was
drawn by yard engine. The gates, the
witness said. have a bell attached This
bell, he added, sounds while the gates are
being lowered.
Witness said the victim Of the accident
was probably thrown against the watch
box. The glass in the windows of the box
were shattered. After the accident oc-
CURED the express train stopped about one
half mile down the track.
The Gateman's Story.
James f. Bates, colored, the gateman at
the crossing, was next examined. He said
he had been gateman at the Benning cross
ing about fourteen months Prior to ac-
cepting this position he worked on the
tracks as laborer. Sunday night, about
1915 o'clock. he said, the express train was
coming down the track and the horses
were coming west along the road. Witness
had started to lower his gates, but the
horses We're coming fast and the driver
drove them under the partly lowered gates.
Seeing the team was about to be shut in
between the gates witness raised them ana
started across to catch the horses, intend
Ing to turn them off from in front or the
moving train. The train was coming SO
fast that witness had to turn back 10 pre-
vent being run over.
He first saw the wagon when the tram
was at the Deanwood tower, about one
quarter of a mile north OF the Bennlns
crossing The wagon was then about
twenty yards from the northbound track.
There were two horses drawing the We
hicle. but at that time he could not We. ten
nesss was asked how long it takes to lower
a gate and he said it depended largely
upon the velocity of the wind.
Sunday night, he said. the wlno Mas
against the gates. Witness said he called
to the driver before and after he started to
lower the gates. The driver paid no at, at,
teption to him: Witness said ne knew aooue
due, although the company does not 1urnisn
him with a schedule. After the accident
occurred witness found Fenwick lying
few rect south OIL luc CIoSsiH6. 'AoAA
had been thrown against the watch box
with such force that the door was badly
shattered. Fenwick was lying beside the
track with his face resting on his hand.
S5 bill was on the ground under his head.
Witness said he went on duty at I o CLOCK
Sunday night. The gates were In good
working order He said that when he sights
a train at Deanwood he Just has time
enough to lower the gates by the time the
train reaches the crossing. The alarms on
the gates are out Of order, and he thought
they did not ring Sunday night. witness
said he had been given orders to lower the
gates when an incoming train enters Dean
wood. He said he had reported the condi-
ton Of the bell and was told that II he
taken off the gates The bells were re-
paired on one occasion and the clapper put
In was too short.
In answer to a jurors question the wit
ness said he is on duty at the crossing
twelve hours each day. The train that
caused the death Of Fenwick, he said. did
not whistle for the crossing, nor did the
bell ring Witness said his duty is to re-
main at the box all the time, and he was
ordered not to engage In conversation with
anybody.
Sixty Miles an Hour.
Chas. F. Forbes, engineer, testified that
he had been an engineer about fifteen
years. Sunday night his train left Balti-
more at 10:1S, and was due here at 1885.
His train was three minutes late at the
BennlnB crossing. w men tne tram redcneQ
this crossing 1t was going at the rate of
sixty miles an hour or more. There were
nine cars to his train. The distance be-
tween Deanwood and Benning, he said, is
about one-half mile, and he began blow
ing his whistle about half way between
these points. He gave two long blasts, one
short blast and another long blast. The
fireman sounded the bell at the same time
When his train reached the Benning cross
ing he saw the team on the track The
horses were galloping. Witness said he al
ways pays particular attention to this
crossing, because 1t is so much travelled
He stopped his train as quickly as possible,
and would have gone back, but shifting
engine was sent for the injured man
Other Trainmen on Stand.
G. R. Alcorn, conductor, who was In
charge of the train Sunday night, said he
first realized that something was wrong
when he heard a noise such as would be
made by stones striking the bottom of the
coach. Witness was told by the yardmas-
ter than the injured man was dying, and
as he (the yardmaster) said he would take
charge Of the man, witness got on his train
and gave the signal for the train to pro-
ceed. He said that the train left Balti-
more six minutes late and had gained three