The daily morning journal and courier., 1907-12-04
FISHERS TRIAL
 0N IN WATERBURY
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 to Hills siding while in his testimony to-day he said that the engine got on to Hills siding while running through the Coney Island siding, so-called, which in effect, is continuation of Hill siding, and running parallel with the main irons.
 Another witness was Conductor Ea- ton of the. special, who testified that the train pulled out of the Waterbury station at 12;43 a. m. and he began taking up passenger checks. As the train came down to Rills Siding, he noticed 1t was running very fast and thinking 1t was not going to stop he pulled the signal cord. The train did not stop but immediately after he was thrown down by a shock and remem- bered nothing after that Mir. Eaton's cross-examination had opened when the trial adjourned for the day. It is thought the state will occupy most of to-morrow's session and the defense will use Thursday for its witnesses.
 The complaint recited that on March 2 last Fisher was ordered by the train dispatches to proceed from Waterbury to New Haven, going along the main track as far as Hill's siding a half mile below the Bank street station. The order further directed that Fisher should leave the main track at the beginning of the siding and allow the northbound train, and after 1t had passed to proceed to New Haven. In the complaint Fisher was charged with having utterly disre- garded the order and instead of going upon the siding, passing the switch and continuing on the main line until the collision occurred.
 MT. Carr on taking the stand identi- fed what he called the train dispatch- er's order book, and pointed out the order which he said had been sent out regarding the regular midnight train, and the special train which was to carry the New Haven Grays and the governor back to New Haven. The order was in triplcate he testified, one remaining in the train dispatcher's of flee in New Haven, another being signed by Conductor Flynn and En- glneer Norton of the regular train at Ansonia at 12:10 a. m. and the third being signed by Conductor Eaton and Engineer Fisher of the special at Wa terbury at 12:11 a. m. This order gave the regular the right of way and directed Fisher to take the siding and walt for the regular to pass. MT. Carr said that Hill's siding was about half a mile below the local station and ran for mile and half before join- ing the main line half a mile above Union City. He said that acting on the order it was Fishers duty to ap- proach Hill's siding slowly, stop, have the switch opened, go onto the siding and then have the switch closed.
 After this Fisher had the right to proceed along the siding until he met the regular train coming up on the main track, and then go forward on the main line or back out and take the main track for the entire length of the siding The witness further stated that it was the duty of all engineers on the New Haven road to obey their hook of rules, which required all spec ial trains to keep clear of the regu- lars by ten minutes, and that they had no other rights outside of this unlexs ihey received such rights in special or ders
 Alexander Calm, of New Haven, civil engineer, explained the position of the siding and the nature of the switch into it to the jury
 Fisher, who has been out on bonds of S5,O0o since tho accident, was accom- lpanled to court by his wife, his young son and a little daughter. He sat with his family until the jury empaneled, when hls counsel directed him to seat at the head of the counsels table.