The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-02-01

several points; that there was moth
ing to obstruct the view. On cross
examination he said the old Brunswick
road was a public thoroughfare. but
was not a part of the city scneme-
Former Sheriff Walter C. MacRae,
also testified for the defense. He
went out two months ago and also
made a map of h tracks. He tesi-
fed that there was nothing 20 OBJ
struct "a view of the strain ON Ninth
street To h scene Of the accident He
said on cross examination that he did
not notice any changes in the cuts or
banks. and that ne never noticed h
fennel specially. He testified that the
old Brunswick road had been a public
thoroughfare for ear
Mr.. s. p. Adams. who vas sworn for
the defense, tested that he was a civil
engineer and that the tracks running
around to the crossing where the ac-
cident occurred were laid on and built
under his supervision. He went over
a map which~he had drawn giving dis
tances, etc. He tested that there had
been no changes In h levels since the
accident. He testified that the height
OF a train was about fourteen feet
from the wheels I'D and that there was
no obstruction to prevent a train from
being seen from Ninth street to he
crossing. His recollection that the cuts
averaged from two to three feet In
depth. The map, he stated, was made
by him in 1899. On cross examination
he said he knew OF no change at the
crossing. There might : have been
some work on it. He stated that his
map shows hat at n point there Is
a cut six feet deep. but it is not deep
enough to obstruct the view cf a train.
MI. Will Render was also sworn as
a witness for the defense. He testified
- tho r-~- Or N fnW I
utes after the accident to Mr.. Shep-
ard. and his testimony was that the
crossing was in fair condition and that
there was nothing ito obstruct the view
of a train.
Captain J. o. Wigs was sworn. He
testified thai he was the yard section
master of the Atlantic Coast Line and
that the crossing and tracks In It's
vicinity are under his care. He testi-
fed hat he a been in h railroad
business tWenty-three years.; that on
the 18th of January. three days after
the accident, he took his whole force
out to the crossing n repaired 1t.
He testified that ait the time Of the ac-
cident the main track had two
3x10 planks inside the tracks
and there was rock and brick
bats between the tracks as ALA
All his was removed and a plank walk
was put LII dCIooS Lie LldCho d L Ailt
crossing. He stated that there was
nothing to obstruct h view of the
train, but the crossing might have been
a little jolly. He testified that there
was no place in the tracks where the
rails were more than an inch above
the planks and rock ballast.
Captain w. L. Harlow was sworn
as a witness for the railroad. He testi-
fled that he was conductor of the train
vvhHnh ran into hH and Mr. ShanaT6
He testified that he never heard the
whistle blow, but heard the bell ring
ing when the accident occurred. He
testified that he felt the train when it
stopped, n when he saw that there
was an accident. he went to Mr.. and
Mrs. Shepard's rescue. and brought
them back t the city.
Mn. e. Borden, superintendent OF
transportation for the Atlantic Coast
Line, was put on the stand and testi-
fled to the good character Of Engine
man J. l.. Meadows. He stated that
he was cautious, prudent and reliable.
and that he was frequently assigned to
difficult work by reason of his famil-
iarity with the rules and his efficiency
as an engineer.
Mr.. c. r. Branch testified that he is
yard master of the Atlantic Coast
Line; that lie frequently visited the
scene of h accident, and that there
is nothing to keep q train from being
seen.
Captain John F.. Divine, general su-
p~erintendent Of the Atlantic Coast
Line. testified hat he had been with
the Wilmington and Weldon and At
lantic Coast Line railroads for twen-
ty-nine years. He had been with the
Wilmington and Weldon railroad and
the Atlantic Coast Line since 1851. He
testified that the tracks at the scene Of
the accident belong to the Whining
ton n Weldon Railroad Company.
Hon. John D.. Bellamy read the CITY
ordinance as to the running of trains
and showed hat the Wilmington and
Weldon railroad is specifically exempt
from the ordinance.
Among the other witnesses sworn
for the defense were DR.. D. w. Bull
luck, DIR. T. S. Burbank, DR.. w. J. H.
Bellamy and DR.. F. H. Russell. They
testified that in their opinion, Mr..
Shepard is not permanently injured.
They examined him yesterday morning
n failed to find any evidence of an
abscess Or ~peritonitis.
Several other witnesses were exam
ined. but their testimony does not ma
teriaaly differ from that skinned over
above.
The court at $50 o. m. took a recess
till 10 O'Clock this morning.
Pursuant to adjournment for recess
on Tuesday evening, the superior
court met yesterday at 10 a. m. and
entered upon the third day OF the trial
of the S25, 900 damage suit of MI. Jo-
seph C.Shepard. Jr., against the Allan
tic Coast Line.
The defense proceeded with the ex-
animation of its witnesses. Chairman
D. McEachern. of the board bf oun
ty commissioners, was called ito the
witness stand. He testified that the
old Brunswick road is a public high
way, and hat the railroad company
maintains a good crossing ove its
tracks. He stated that he frequently
passed along the road and that from
his observations there was nothing TIC
obstruct a full view Of passing trains.
Mr.. j. r. Kenly. general manager Of
h Atlantic o Line, was called as
a witness as to the character of Cap
tainJ. L. Meadows. the engineman
whn rvra0 in pharoo nf the 1nexnnoOfivo