The Montgomery advertiser., 1907-08-01
TRANVMEN RELEASED
NO NEGLTCENCn FOUND ON THEIR
 PART.
Decided That Accident h Which Df. 0auibrew Net His Death Last Week Wa an Unavoid.
 ohlo One.


 Mobile. July sl.-(special.)-Paul Scott and T. ". Johnson. the two men in charge of the Mobile, Jackson and Kansas City Railroad train which struck the automobile containing Dr. J. B. Killebrew. D. P. Bestor, Jr., and Walter Horn, Killing the former. were arraigned in the Recorders Court this morning on the charge of manslaugh- ter. The cases were dismissed for want of prosecution. .... The two men were arrested last Wed nesday afternoon soon after the acci- don't which resulted in pr. Killebrew's death occurred. at the instigation of Chief of Police Rondeau. who thought best to take the men in charge, as 1t was not then known the exact circum- stances of the killing. After all the facts had bean brought out. however. t was thought hardly probable that the case against the two defendants would be prosecuted.
 MT. Horn was in court this morning and he stated that he did not care to let the matter 70 further as he was convinced that there was not the slightest negligence on tho part of the railway employees. the accident being an unavoidabls one.
 In speaking of the accident Engineer Scott explained how 1t would have been a matter of impossibility for the train to have been stopped after MT. John- son and tho others on the rear end of the train saw the automobile. The train was composed of almost forty cars. which placed the engine more than $50 yards from the crossing. In order to have brought the train to a stop, 1t would have been necessary for those on the rear of the train to signal to 0 brakeman further up towards the engine, who would In turn have. sig naled the engineer to put on the brakes. As the automobile had to come within less than twenty-five feet of the track before 1t could be seen. been . matter of absolute impossibility to stop the train in time to avoid the accident.
 Burrows fin Mobile.
 B. D. Burfows, manager of the Ca- Mcconnell Fruit Importing Com pany at Bocas del Toro. Is in Mobile. Bocas, and the~ are stopping at the Cawthon. Mir. Burrows went to Bocas from New Orleans where he was assist ant secretary of the New Orleans Pro- gressive Union. It will be remembered that he came to Mobile shortly. after the storm and offered assistance from New Orleans. He wrote the story of tue 8LOIu lOI xSAuSO"oy ~Au6 oNhVs
 Bicycle Thief Sentenced.
 Amos Stevenson, A negro youth. was this morning sentenced to serve six months at hard labor by Judge Clarke. for stealing bicycles.
 The owner of the bicycle. young white man. stated he left his bi- cycle on the street for few minutes and when he returned the wheel was gone. Later it was found in Steven sons possession.
 Stevenson stoutly denied having stolen the wheel. claiming that he bought it from a small white boy. and producing Q receipt for $3 which he claimed the boy gave him.
 Judge Clarke looked the receipt ovof and then asked the defendant if he could write. On being answered in the affirmative. the Judge ordered the negro to give the court a specimen of his handwriting. That produced by the defendant and that in the receipt were identically similar. The Judge smiled and without further prelimi- naries, sentenced the prisoner to SIX months at Vinegar Bend.
 Paving Worl Completed.
 The end of the paving work on Gov ernment street Is now in siSht: the Di- thuIithic having been laid on the south side or the SLTeot 10 Ahh extent of the present venture-and on the north side, beyond Hallett street A force of 150 men are at work this morning rushing the completion of the small remaining portion of the paw ing and the concrete layer will be put down immediately.
 The plant of the Southern Bitulithic Company on Beauregard street, near the union depot has been running full blast recently. turning out the paving material Huge piles of broken rock have been unloaded and the crusher and furnace are fed as fat as the pro- gress of the street works demands. Sand and crushed rock are mixed and after being run through bins. separat- ing the different graC,s of the hIx- ture, the compound Is drawn into a red hot furnace and subjected to a heating process, coming out the smok- ing blac kmass that is hauled to the site of the paving operations and there dumped and packed by heavy steam rollers.
 Not very much more of the bitulithic material will be required for Govern ment street but Dauphin west of Broad will be paved with the same material. The wooden blocks will be used out as far as Broad.
 President Dave Busy. President G. GrosveIor Dave of the Gulf Coast Development Association was in the city last night on his way