The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-27


of coffee. 15c and Csc per package. Solt
by all grocers.
Under which part of the train was
this mans body?"
Under the front trucks of the mai
car"
ney Evans for the defense and questioned
as follows:
'How far south of Douglas avenue did
you say you were, Mr.. Hays?"
About 200 feet I think"
''You heard the whistle of the engine
twice, you say?''
Eyes. sir"
was the sound of the whistle plain
to you?"
Eyes, sir; perfectly plain
"No one else would have had any troll
BILE to have heard the whistle would
they?"
''No, sir, I think not; any where near
where I was any way"
There were buildings between you and
the engine, too, were there not?"
Yes, SIR
''You got on the train and went on
home that night, did you not?"
Eyes, sir
Questioned by Mr. Houston:
did you hear the whistle before you
saw the engine
Eyes, sir"
J. H. ETlHANEY'S TESTIMONY.
]. H. NIcElhaney, who was formerly an
old railroad man, was the next witness
called. He was Intercepted by Mn
Houston as follows:
''Where were you at the time of this
accident on September ID, Mr.. McEl-
haney?"
81 was near the crossing on Third
street"
Did you see the train pass that even
ing?"
Eyes, sir, saw it pass, as was wait
ing to get across the track"
Ibid you hearthe blowing Of whistle
or the ringing of bell from the en-
gine?"
mo, sir, I heard neither"
ibid you notice the speed of the train
checked after 1t passed you at the cross
ing?"
mo, SIR"
Were you ever in the railroad bust
ness?"
81 served twenty-one years in the bust
ness"
I'm your judgment, how fast was the
train running when it passed your"
81 should judge it was running from %
to 30 miles an hour"
GEORGE s. CAPPs.
George S. Caps, printer, who was
- 4G-a IN bao a,
Just preceded Wilson'S and barely got
across the track, was a good witness for
the prosecution, until Attorney Evans
took hold OF him, when he became slightly
mixed in some points which he first ans
wered with a great deal of positiveness.
did you see the collision at the cross
ing on the evening of the Wild West
shown" asked Mr.. Houston.
81 reckon did; I was almost in it."
"How far from the track had your team
got when the engine struck the other We
hcle?'
IT judge about 100 feet"
1t the time your wagon was on the
crossing, how far from 1t was the train
then coming imp
About 15O feet, I think"
How fast was the train running at that
time d"
4 estimated it at the time. at about
Is miles an hour"
You saw the train, did your
eyes, sir, saw the headlight"
Did you hear a whistler
mo, sir"
did you hear a bell?"
''No, sir"
Cross examination: What did your
team do when you saw the train so
close?"
The driver started them IN run and
cleared the track"
AT what speed wasthe team going be
fore you came to the ratlroad?"
''Trotting along rather lively"
''Did you see the collision?"
Yes, sir"
"And you say the train was 100 feet
from the crossing and your vehicle was
about 100 feet too"
THAT is my judgment"
''Then the team and the train must
have cen going at about the same rate
of speed. Now, what called your atten-
ton to the train?'
Il was facing 1t and saw the head
light of the engine"
Didn't you hear any noise OF the
tramp
mo, sir"
why could you not hear the noise Of
the train when it was so close?''
Because there was so much other
noise in the street"
What caused that noise?"
The passing Of vehicles across the
track and in the streets"
The witness failed to account for the
reason why these vehicles should cause
more noise than the train, and was
harshly dismissed by the attorney, to
which Mr. Houston objected
DURANs OWN STORY.
Mr.. Duran. the complainant, then took
the stand in his own behalf. He seemed
very feeble and walked with a cane.
When he would move in his chair he
showed evidence of pain.
How old are you, MI Duran e" asked
his attorney.
''Forty-eight years old"
How much did you weigh at the time
You were hurt in this colnsion?"
"One hundred and sixty-four pounds
What is your weight at this timer"
One hundred and forty-seven''
Have you ever gained flesh since YOU
were hurt?"
No, sir; have continuously lost flesh
since that time"
You have wife and children?"
yes, sir"
What was your business at the time
Of the ACCIDENT"
a-S
How long were You engaged in that