The news & observer., 1901-03-21
MUST STAND TRIAL
He Tried to Run an Engine
Over the Fireman.
Tom Johnston Was Bound Over to Court in the
Sum Of $3.50. Says He Was Drunk and
Didn't Know Anything.

Tom Johnston, the negro charged with
attempting to kill Mr.. Fred Burroughs.
fireman on the Southern Railway. by
running his engine over him, was given
preliminary hearing yesterday before
Mayor Powell, and placed under $3.50
bond to appear at the next term of court.
Being unable to give the bond. he was
sent to Jail.
Ihe evidence showed that Mr.. Bur
roughs was under the engine cleaning
out the ash pan when the ne
gro, who was on the engineers seat.
turned on the steam. Mr.. Burroughs
would have been inevitably mangled had
he not caught to a rod and a chain
lie was dragged about six feet, when the
engine stopped, an iron bar which had
been placed in the driving wheel having
blocked the wheel. There was only about
eighty pounds of steam on, or the bar
could not have stopped the engine.
Inc negro's defence is that he was
drunk. He says he does not remember
single thing about it, and that his mind
IS perfect blank so far as what took
PAoSS SATURDAY IS concerned.
The case was tried before Mayor Powell
yesterday afternoon at 2 o'clock For the
State were sworn Messrs. Fred Bur-
roughs, Mr.. Charles Gardner, Mr.. E. T.
Gooch. For the defense Tom Johnston and
Captain Johnston, Seaboard Air Line
engineer, and three negro men were wit
nesses. All except Tom Johnston were
character witnesses.
Mr. A. AndrauC Tr o,roo,o5 oc
attorney for the State, and Mr.. S. G.
Ryan for the. defense.
Mr.. Burroughs, the fireman, in his tes-
timony stated that he was cleaning out
the ash pan and heard the steam escap-
ing, and felt the engine move. He
grasped the rod and was dragged about
six feet through the clinkers, when the
engine stopped the spark bar through
the driving wheel having brought it to
stand still. He crawled out and asked
the negro what he meant. Johnston said
that Mr.. Peacock told him to move the
engine.
II told him it wasn't Peacock's engine,
and for him to get down. He jumped on
me. l was on the foot board, and he
pushed me into the gangway. Mr.. Card
ner pulled us back in the engine, and
got Johnston down. Mr.. Gooch came
up and asked him why he moved the en-
gine. He said it was none of his bust
ness (cursing him. Gooch grabbed him,
and we tied him and turned him over to
the night watchman. While we were tieing
him, he said he knew us and that he had
it in for us, and would get even with
all of us yet"
Mr. Burroughs testified that the brake
rigging under the tender was only about
six inches from the ground, and if it
passed over any one it would inevitably
mangle Them
Mr.. S. G. Ryan, who appeared for the
defense, submitted the witness to Sc
we're cross examination, but failed to
shake his testimony. He also brought
out the additional facts that the negro
had once been discharged from the en-
ployment of the Southern road.
The testimony of the other witnesses
was corroboratiye of what Mr.. Burroughs
said, except that Mr.. Chas. Gardner tes-
titled that Mr. Peacock said that he had
not told the negro to move his engine,
that the fire in it had died down: there
was not pound of steam on and that the
engine had been dead" some time.
For the defense Tom Johnston, himself
was sworn He said that he did not
huOW any tulHS dOOuC Nh11 lO ""o Shoi . SN
with and that he was under the in1u
ence Of liquor on that day. He didn't
have any idea of doing any harm and
didn't know anybody was under the en-
giGe.
Captain Johnston, white Seaboard Air
Line engineer, testified to good charac-
ter for Johnston. Several negroes also
testified that he had good character.