Arizona republican., 1904-02-16

on Washington street in advance of it. She noticed Scanlan was approach ing from the north on First avenue. He did not seem to notice where he was going or to take notice of any thing that was going on around him. Mrs. Merryman said that he nearly collided with the buggy in which she was riding. She drove in front of him, that is between him and the street car track, narrowly missing being hit by the tongue of his wagon. It ap- peared to her that it was the intention of the old man to cross the track. She passed on and almost immediately heard the crash of the collision. The next instant Scanlan's horses, freed by the collision dashed past her to the west and she turned and saw the wreck of the wagon.
 The next witness was Dr. M'Intyre, who had known Scanlan for several years and had treated him in times of illness. He said that he could not hear well and probably could,not have heard the ringing of the car bell. He thought Scanlan was native of Ire land and that he was about seventy years of age. According to the great register he was a native of New York ana was SiANN -GiSnl StdlS Olt.
 w. H. Easterwood, the proprietor of a street stand, and diagonally across Washington street from the point at which the collision occurred, said that he was standing on the corner and saw the approach of the car. He did not notice Scanlan, but he heard the ringing of the bell and noticed that the car slowed down in front of Wake lin's pharmacy as if the motorman intended to stop on the other side of the crossing for a passenger. The car started up again and the next thing MT. Easterwood heard a crash and saw the wreck of the wagon.
 The man who saw more than any body else except the motorman was J. J, Echolls. a stranger in the city. | Just before the car reached the First avenue crossing. Mir Echolls went to ! the front platform to ask the motor- man a question. The motorman just | before reaching the east side of the crossing changed the bell and turned off the current and applied the brakes. | The witness then noticed vehicles in | front, but the track being clear again the current was turned on again and | the car proceeded. The next instant the witness saw Scanlan's wagon on the track and the witness stepped back into the car. He saw no one in | Scanlan's wagon. it being a covered vehicle. He said that the car was at no time going at a high speed and in his opinion the motorman had used every possible precaUtion to prevent an accident.
 | F. D. Witherbee was the one witness who actually saw Scanlan just before ] ha y-aS lyi1lad Ia he -fI up First avenue on his wheel. He first noticed the imminent collision between Scanlan and the buggy in which Mrs. | kendrick and Mrs. Merryman were riding. He saw Scanlan proceed south ward afterward, heard the clangor of l the motormans bell and heard the ap- plication of the brakes. He saw the car strike the wagon and he heard a 1 shout which he thought had been rais- i ed by the old man whom he next saw on the track about ten feet in front of the car. Being sure that the mo- 1 torman would not then be able to stoD it he turned his head away. He had seen all he wished to see. He did however. look again and Scanlan was under the car a mangled mass. Mir W{therbee did not think the speed of the car was excessive the rate was probably three and a half or four miles an hour.
 The last witness was David Sauui. the motorman. All the testimony UT to this time led to the belief that the ringing of the bell was for the purpose ? of warning Scanlan. The motorman said, however. that the reason he rang the bell. shut off the current and ap- piled the brakes was to warn the oc- cupants of a buggy which was ap- proaching the track from the south
 At that time Scanlan had not come into view. The buggy crossed in front of him before he had reached the mid. dle of the crossing. By that time Scanlan, who had come into range. hat
 brought his team to a standstill anC the car moved forward. The horse:
 of Scanlan sprang forward bringinf ! the wagon upon the track. Saqui saiC
 that it was impossible to bring tn,
 car to stop within from twenty-fiv, to thirty feet He said he had been Z motorman for more than three years This concluded the evidence and tn,
 jury brought in a verdict stating tha
 the accident was unavoidable anc
 could be traced only to the infirmi
 ties of the old man, who certainl,
 could not have heard the warning bel
 and seated within the curtain of hi
 wagon could not have seen the car.
 There had been found in the debri
 of the wagon a lot of papers tied ul
 neatly and it was thought that the,
 might throw some light on his heimi
 life; that possibly they might o.s
 close facts about his property he wa
 supposed to have in Colorado. Tk
 letters were all old and some Of tier
 related to rents due him on p"opert
 in Denver. But it had been learuc
 that this property had been mortgage
 and that the mortgage had been fore | closed.
 His funeral took place yesterday
 The expenses of it were paI1 b.- tn
 street car company, which, thou,;a at
 solved of any blame for the acciden
 undertook to relieve the county of an leXcenSe.