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

ed. When the horses head had just
about reached the track Miss Bush saw
another train approaching 1t n nigh
speed. She quickly spoke about it, and
in the excitement the horse turned par
allel to the track in such q way that
the engine struck the buggy on the side
that Mr.. Bowhay was sitting. At the
same instant Miss Bush jumped, and
the next thing she was conscious of
she was some distance away. Her col
lar bone was broken, and she was con-
siderably bruised. Mr.. BOwhay was IN
the hospital for some time as the result
of his injuries.
Judge Allen claimed that the railroad
company was negligent by reason of
running at a speed of 60 miles per hour
without giving, as the iuaintiie claims,
the necessary signals for CT crossings Mr..
LOOMS, for the railroad company cia1n-
ed that the usual signals We're given,
and that the negligence was on the
part of Mr.. BOwhay and Miss Bush for
driving on to the track without looking
for a train.
A large crowd occupied the benches
in the court room and it appeared as
though the case was attracting consid-
cradle attention, but when the court
instructed all witnesses to rise and be
sworn, almost the entire court room
rose as one man" Witnesses are near
ly all on the side of the railroad com
pany.
The plaintiff introduced its testimony
stand. Mr.. Holiday was coming up
from Lawrence on the train which
struck Miss Bush. He testified that the
train was about two hours late AMI
running at a high rate of speed. His
attention was grst attracted to the fact
that something had happened by the
sudden grinding of the wheels on
the track and the stoppage of the train
The train backed probably a hale mile
to the scene of the accident.
when [ first saw Miss Bush" said
Mr.. Holiday, she was standing near
the rear of the train. Mr.. Veale reach
ed her ahead of me, and possibly one or
two other men. Miss Bush was very
much excited and hysterical She was
wringing her hands and crying that
Billy as she designated Mr.. Rowhay,
was killed. She wanted to go and hunt
for him herself. I saw nothing of any
horse or buggy. The train, in my judg-
ment, was running at least 80 miles per
hour, and possibly more"
BY the time the examination of Mr..
Holiday was completed it was $50
o'clock and court adjourned for the
day.
After the court convened this morn.
ing George w. Veale, jr., who was with
MI Holiday on the train at the time
of the accident, was placed on the
stand by the plaintiff. His testimony
was much the same as that given by
Mr. Holiday He did not remember
hearing the engine whistle for the
crossing where the accident occurred,
but on crOSS-examinatiOn he said that
he did not consider that as an indica-
ton that the whistle was not blown -
he seldom noticed the whistles of the
engine while travelling
Four photographs which the railroad
/ company had taken of the scene of the
accident few days after It's occurrence
were introduced to more fully show the
| jury how the accident occurred.
n. S. Kemper, who lives near the
scene of the accident, was next placed
/ on the stand to testify as to the amount
/ of travel there is over the Granville
| road on which the accident occurred
and also concerning the distance a train
| can be seen by persons approaching the
| track on the south side. Mr.. KempeI