The Montgomery advertiser., 1906-11-02
KILLED AT CROSSING
b. Y. FlTzPATRICK MEETS A vIO-
 LENT DEATH.
Barmiushan Lawyer, Formerly of El- more County, Struck by a Train Two Cumberland Presby-
 ferfan Factions.

Birmingham, Nov. 1.-(Special.)- Benjamin F. Fitzpatrick. an attorney. was run over and instantly killed this morning at 11:25 o'clock while at- tempting to 20 over the Twentieth Street railroad crossings in this city in front of . moving train. His body was horribly mangled.
 The train which struck Mir. Fitz- patrick Is known as the employees train which Is operated by the Louisville and Nashville Railroad between Birming- ham and Boyles. where the extensive yards of the company are located. From statements made by people who saw the accident. MT: Fitzpatrick was with a man named Skinner and they approached the crossing as the watch man began giving the signal for an approaching train. It is stated that MT. Fitzpatrick attempted to get over the crossing but was knocked down by the train and mangled. Skinner had a narrow escapS The unfortunate every bone In his body appeared brok-
 The watchman at the crossing as- serts that the train was not making much more speed than four or five miles an hour. The engineer on the train. Oscar Adams. stated that he could not stop the train as the men appeared OH Ine tTdChf III lIoHl oI hlLi so suddenly that nothing could be done.
 MT. Fitzpatrick leaves a widow and one child He was 40 years old. and for the past twelve years practiced law in this city. He was grandson of ex-Governor Benjamin Fitzpatrick. who was the chief executive of this State from 1s1 to 1s45. and "a son of Cap tain John Fitzpatrick, a prominent cit izen of Elmore County. He Is sur vived by both rarents, a widow, Gladys. a little daughter years old. and a sister, Mrs. c. H. Weaver, of this city. The deceased owned considerable property in Elmore County. The Cor oner Is making an investigation into the accident.
 Cumberland Presbyterians. A resolution was adopted at the ses- sion today of the Alabama Synod of l the Cumberland Presbyterian Church | calling on all the congregations in the church to employ none except Cum berland Presbyterian preachers and to ask the resignation of all pastors who | had agreed to the union.
 l This Is the first gun in the fight that will be waged by the Cumberland Pres byterian church against the effort that 1 Is being made by large number of 1 those formerly in that church. to have | 1t absorbed by the Presbyterian church
 of the United States of America.
 The following resolution was also
 adopted: Resolved. That the Synod
 make demand upon Rev. W. B. With
 erspoon, former Stated Clerk of the Synod. for the money. books. records papers and all properties belonging tc
 the Alabama Synod of the Cumberland Presbyterian Church and demand pos.
 session of same"
 It would appear from these resolu. tions that the loyal Cumb erland Pres. byterians are going right out for a trial of the issue that exists between
 themselves and the unionists. Inas-
 much as the unionists do not recognize that there is now such a body as the lCumberland Presbyterian Church. 1t is a foregone conclusion that the demand for the books and records will be re.
 fused, when 1t will be up to those op'
 posed to the union to devise methods
 of securing them.
 R. s. Hudson was elected the Stated Clerk by the loyalists.