Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-11
CHARGES DISMISSED.
Conductor Not Responsible for Elec-
trio Railway Accident.

Hearing of the charge filed against Glenn
NJ Capper, as a result of the accident on
the Chevy Chase branch of the Capita.
Traction Railway Company the night of
the Sd instant was begun before Judge
O'Neal In the District branch Of the Police
Court this afternoon. !
Capper, who was the conductor of the
car which was coIlided with, is charged
with violating the police regulations by
operating a car after shutdown without hav-
ing two lights thereon, one at each end OF
the car.
The government was represented by AS
sistant Corporation Counsel Stevens and
the interests Of Capper and the railway
company were looked out for by Attorneys
r. Ross Perry. jr., and Dunlap.
The first witness called was Policeman
Lucas who said that he visited the scene
of the accident a short time after 1t oc-
curred,on Connecticut avenue extended near
the Pierce Mill road. He said that the
only light in the trailer car was an OIL
lamp hanging near the top in the center
of the car. The rays, he said. could be seen
from the outside through the ventilators.
Policeman Law, who also visited the
scene of the accident, said the only lamp on
the trailer car was at the top and in the
center but the light from 1T could be seen
from the outside through the glass near
the top on all four sides.
John H. James, motorman on the car
which collided with the train in charge OF
Capper, said he first saw the train when
he was about 800 yards away.
He said that he within 200 yards OF
it when he discovered that 1t was standing
still When asked how he saw Capper' S
train James said that it was by the lights
shining through the top OF the car; Mr..
Stevens asked the witness why he did not
apply his brakes when he saw the car so
close to him, but 1t was objected to by
counsel for the defense on the ground that
Of ar,lt inc
the trial was not for the purpose OF nholns
out the cause of the accident, but was
for not having lights on each end OF the
car after shutdown.
Mr.. Perry advised the witness not to an
swer the question on the ground mat II
might incrimnate himself in case OF an
other hearing on a different charge. The
court sustained the objection.
Miss Catherine Helen Duffy. who resides
at GIL Sd street southeast. was called by
the defense. She said that she was a pas
senger on James car at the time OF the
accident and occupied front seat. She
said that she plainly saw the lights on the
trailer car Of the train ahead OF her when
she was about one square behind 1t.
Capper, the defendant, was called to the
stand He explained that his train con-
sisted of two cars, motor and trailer Iiie
motor was supplied with an oil headlight
and electric lights on the inside Of the car
A large oil lamp fastened on the inside
near the roof Of the trailer was the only
hight on that car. He said that the lamp II
the trailer was burning at the time of the
accident, and was not extinguished until
some time later.
Capper said that there was glass on all
four sides at the top of the trailer car and
that the light from the lamp could be seer
on the outside.
After hearing the facts Judge O'Neal dis
missed the suit against Capper, saying
that the light shining through the glass on
all four sides at the top Of the car was
sufficient, and that the absence Of light
at each end Of the car was only technical
violation Of the law.