The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-06-26
RESPONSIBLE FOR
POMONA WRECK
Charles T. Weiker is Convicted of Man.
slaughter in Superior Court-May-
nara Case Also Heard.

| Charles Turner Welker, OF No. It's
| Dick street, a fagman formerly in the
| employ of the Southern Railway Com
| pany, was found guilty Of manslaugh-
ter by a jury in the superior court
| yesterday.
] Welker was indicted and tried on a
| charge of being directly responsible for
| the fatal wreck On the Southern. which
| happened early on a Sunday morning
at Pomona in February last, in which
five men lost their lives.
He vas not arrested, however, until
two months later, when he gave bond
in the amount of $500 with J.. II. Long
ect, a prominent contractor of this city
as surety.
The trial Of the case yesterday at
tracted more than ordinary attention
by reason of the fact that it was the
first arraignment in the history of the
local courts, On a similar charge.
The trial was originally set for We'd
nesday last, but owing to the fact that
the defendant experienced some diff
ficulty in obtaining counsel, the hear
ing did not come on until yesterday.
~ IA "oS ISpiC II ny ~. oCbAA
Bradshaw, while solicitor A. L. Brooks
looked after the interest of the state.
THE DEFENDANT TESTIFIES.
The defendant took the stand in his
W behalf, and in fact was the princi-
pal witness.
He testified that he locked the switch
before the fast flying southbound train
No. "a collided with the switch engine,
which was the direct cause of the
fatality.
Conflicting evidence was adduced.
however, showing hat six minutes had
elapsed between the time that the flag
man should have closed the switch and
the arrival of train No. "a.
It was argued in the defendants be
half that any number Of persons might
have had the key to the switch; in fact
that such was the custom Of many
trainmen, and that the wreck might
have been caused by some n other
than Welker.
Judge Ferguson delivered a strong
charge to the jury, which was inter-
preted by many to be against the inter-
ests of the defendant.
WANTED FURTHER INSTRUC-
TIONS.
After being out a short time, the
jury came into the court and asked Tor
further instructions.
A short time later they brought in
a verdict, finding the defendant guilty
Of manslaughter.
The penalty for the offense under
the statute is not less than tour
months and not more than ten years.
It is understood that an appeal Will
be taken, and that Judge Ferguson Is
rather favorable to such a course.
Welker will be sentenced this morn
ing.
A verdict of mot guilty" was render
ed in the case of state against L. T.
Maynard.
The defendant was convicted before
the mayor for an alleged failure to
obev an order Of the sewer and plumb
ing inspector. .
He appealed the case to the superior
court through his counsel, kuykendall
and Brown and E. J. Justice.
1t was shown yesterday that May
nard had completed his contract IN
strict conformity with the permit
granted by the inspector, and that he
had followed the law as provided in
the ordinance.
After hearing the evidence which
consumed the entire morning Judge
Ferguson instructed the clerk to enter
a verdict Of mot guilty."-Greensboro
Industrial News.