Evening star., 1901-07-03
Electric Railway Held Responsible
for Death ofPeter A. Smith.
DISTRICT AUTHORITIES CEHSURED
Verdict of the Coroner's Jury
Rendered This Afternoon.
EVIDENCE IN THE CASE

| passenger on a car of the Tenleytown and
Rockville electic road. as published IN
| yesterdays Star, reached a conclusion this
afternoon, after lengthy deliberation.
After reciting the manner of the mans
death the Jurors concluded: I'VE in no
| way hold the motorman or conductor in
any way responsible. but hereby hold said
| electric road responsible.
I'VE furthermore censure the District au-
thorities for allowing such cars to be used
en- such tracks"
| The inquest was held at the sixth precinct
| station. Attorneys ]. ]. Darlington and
| George Hoover represented the interests OF
| the railway company, while Attorneys Dam
man and Archer were present representing
the interests of the family Of the deceased.
Mr.. Thomas c. Taylor, assistant UaI1cd
| States attorney, was also present.
Rails Only Three Inches Apart.
B. B. Hunt, a dealer in the Center mar
| ket, who lives at Cleveland Park, was the
| first witness examined. He testified that
| about $50 o'clock Monday night he was
seated in the car at 32d street and Prospect
| avenue, when his attention was attracted
| by hearing a noise such might be made
! by some one splitting wood When he
| looked back he saw Mr.. Smith in a leaning
position going off the car. Car No. loo3
| was going south. Witness was on 1904
| going north. The cars were not going fast.
| Where the accident occurred the street Is
| straight When witness got on the car he
noticed Mr. Smith sitting the single seat
| in the rear and on the west side of the car
| After the occurrence witness had the mo-
| toTman of one of the cars move 1t back TO
| the spot where the accident took place. and
| the distance between the guard rails OF
! the cars was three inches. He thought the
| inner rails of the tracks were about hve
| feet apart. Witness informed the jury
| that the dead body of the man was lying
| q inner
| the car, he thought, were UP at the time.
| He heard nobody give Mr.. Smith any warn
| ing about looking out the car. The ran
where the man was dragged over was Dent
This Passenger Was Warned.
| George w. Manogue of 1853 P street tes-
| titled that he boarded the north-bound car
| Monday night and was resting his arm on
the brass rod or guard when the conductor
| advised him to remove it because the cars
were so close together. Just after he had
| thanked the conductor he noticed Mr..
Smith being dragged from the car.
| Witness thought he had been looking out
| the and his head was caught by the
| south-bound car. Last Sunday afternoon,
| witness said, his attention was called to
the positions of the tracks. AT that time
there was a north-bound car standing on
the track, and the motorman was looking
! ahead, apparently to see If a south bound
car was in sight Witness said he thought
he heard the motorman ask: DO you think
act distance between the cars. but indi-
Gated about five inches as the probable dis
| tance. When witness saw Mr.. Smith lying
| across the tracks he ran to his store and
| telephoned for the patrol wagon. There
was nothing about the appearance of Mr..
| Smith to indicate that he had been drink
| ing or that he was asleep. Witness said
| he had never seen the cars touch each
| other while passing. When the tracks were
| first put down the cars Were much smaller
than those now used. The large or
| clumsy cars, as witness called them.
| have been operated for several years. Mr..
! Manogue said he had seen warning notices
| in the cars, but he had never seen any no
| tice relating to the brass rod.
Three Feet Between Rails.
Mr.. ]. Nota McGill, former register of
wills. told the jury that when he entered
the north-bound car he noticed the rear
seats were occupied He took a seat in
| front Of Mr.. Manogue. His attention was
| brought to the rear of the car by hearing
| a grating noise.
| The car was brought to sudden stop,
while the south-bound stopped after
going about cars length. Witness made
measurements and found the rods Of the
cars were about three inches apart. The
inner rails Of the tracks, he found, were
three feet and seven inches apart. Witness
never noticed one car stop on 82d street to
allow car on the other track to pass. He
was not positive where the conductor was
at the time the accident happened. Witness
did not know the nature of the accident un-
til the passenger had been dragged from
! his seat. Witness thought there had been
no change in the position of the tracks
since they were first put down. The street
| is narrow, but there is a wagon road on
either side of the tracks. Above o street,
| he said, the tracks are not close to each
other. Witness shown card upon
which was printed: "Notice.-Passengers
| are hereby warned not to put their heads or
limbs out beyond the lines of the car" He
| q noticed a in
the cars.
B. F. Harper 1915 NJ street, had Just re-
moved his arm from the rail of the south
bound car when the accident occurred. A
mans hat struck him his chest, and,
| looking around, he noticed blood on the
face of a little girl, who, however, did not
appear to have been injured. Witness said
he had frequently placed his arm on the
rail. The rail is in such a position that it
| Is a temptation to passengers to rest their
arms on it. The blood on the child, he ex-
planned, came from Mr. Smiths head. Some
portion Of the mans body, he said, struck
a lady passenger In the south-bound car.
| Witness noticed a sign in one of the cars
| Monday night similar to the one exhibited
| and he called the conductors attention to
boy who had his leg hanging out the car.
The conductor promptly spoke to the boy.
Other Testimony.
| Charles Dickson, colored, testified that
| Mr.. Smiths arm resting the brass
| rod. The south-bound car struck his elbow
and not his head, for he was looking at
child in the car when the accident hap
pened. The third upright on the south
bound struck Mr.. Smiths elbow. He
heard the ringing of the bell on the south
bound car. Witness had put his elbow on
| the brass rail many times. but he had never
been warned against the practice by a con-
ductor.
Heard Conductor Give General Warm
| ing.
]. G. Smith. colored, 2602 street, George
| town, testified that he was car 1904 when
the fatal accident occurred. His attention
! was first called to it by hearing an outcry.
When he looked he saw the man being
| dragged over the brass rod. his head hay-
ing been caught by one OF the uprights OF
the southbound car. Before the fatality
| occurred witness noticed that Mr. Smiths
| arm rested on the rail or guard Witness
heard the conductor say to the passengers:
| Take your arms off the rail-" About two
| minutes later the accident occurred. He
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