Waterbury evening Democrat., 1907-12-13
BEFORE BURPEE
Accused TrolIeyman and Gaie- man on Trial This Morning =
 Many Witnesses Beard
DECISION RESERVED

The preliminary trial of John Dill lon, the trolley car conductor ana John Flavin, the gateman, at the West Main street crossing, was held in the city court to-day before Judge Burpee. Both were accused of caus- ing the death of Walter Hayes by gross and wilful negligence and in attention to their duty Attorney Kennedy, counsel for Flavin wanted separate trials but Judge Burpee salu he could discriminate and to go on with both trials at once. Attorney Lynch appeared for Dillon.
 All the evidence that Medical Ex- aminer Crane would give was taken for granted and admitted, but further than that Attorney Kennedy would admit nothing For instance, ne would not admit that his client was in the employ of the railroad con- pany on the morning of the disaster neither would he admit what the duty of Dillon was. This caused dispute between him and Prosecuting Attorney Meigs and Herbert l.. Wales superintendent for the company was sworn. He stated that Dillon has been in the employ of the company since October, 1904, that each em- ploye of the company is provided with a book of the rules under which ne shall work, and he is supposed to know these rules. MT Wales read at some length from the book. One rule provided that a trolley car shall not approach nearer than thirty feet to a railroad crossing and that the con- ductor shall alight and go ahead and see if the tracks are clear. Ii they are he gives signal to the motor man, who rings the bell twice and the car proceeds over the crossing. In case a car is stalled on crossing 1t is the duty of the conductor and the motorman to notify the passengers on board, then each shall proceed in opposite directions on the railroad tracks a distance of 1900 feet and flag any approaching train. When the car has crossed the tracks, the of- fee shall be notified. Resuming his testimony MT Wales stated that Dill lon had a copy of these rules with him the morning of the disaster.
 Attorney Kennedy asked MT Wales if there was any book of rules con- corning his duties. This question was claimed to be irrelevant, but MT Kennedy claimed it was admissible for it might show that MT Wales was responsible for the collision. The question was ruled out. Resuming once more, MT Wales stated he never personally instructed Dillon in the work of conductor, and never went with him to the crossing in question to show him how to get his car across the tracks. Dillon's record was good. He could not say if the employees of the road pay any attention to the signal bell at the crossing since the disaster.
 From the testimony of the morning l ii was learned that the ill fated car would undoubtedly have cleared the track and the accident would have been avoided had Motorman Learned not endeavored to get more power. as the car would not have become strand led. This was admitted by Learned. who shows the effects of his injuries, being very pale and in a feeble condi- hion. which necessitates the use of rane. The evidence also showed that he freight train which did the damage shOuld have, according to the rules of he railroad company, stopped while passing the station, since passenger rain was already standing there. Moreover, it showed that Flavin was fred and put to work without any in tructions whatsoever as to what he Has to do with the exception of be- Ing informed he was to watch the ates.
 It also showed that the bell at the ailrOad crossing often rings when here is no train sight and that on he morning of the accident it rang or several minutes continuously. It tarted to ring when the WatertOwn rain came in and did not cease until liter the accident occurred. The evi- ence of many of the witnesses dis greed and there was much confusion to distances. The evidence tend h to show that no one heard the
 Thistle or bell of the freight engine ntil it was almost on top of the car hd when it was too late to do any
 ling to avoid the collision. It show
 that Flavin stuck to his gates and
 at Dillon did as he always did in re-
 rd to watching for trains. His
 otorman. Learned. was not sure
 hether Conductor Dillon looked up
 down for approaching engines.
 Medical Examiner Crane was the St witness and testified as to the
 ath of Walter Hayes and Of the
 per victims. His testimony was ad-
 tied without any objection and A. l.
 ton was then called Mir Patton h prepared a map of the crossing.
 station and it's surroundings and
 was eagerly scanned by the law
 s. It was introduced as exhibit one
 the state. Mr Patton testified that
 surveyed the scene of the accident
 measured the wateTtowu train
 icII had entered the depot shortly
 lore the accident took place. He ified from large map of the scene.
 D length of the train he said was Ii feet The tender of the train was nty feet long The cab. according
 him stood at the south end of the
 ot and the rear end of the train rd about 125 feet from the gate at
 crossing. A person standing at n gate could see down the tracks a .e h distance. The tracks are almost ss Igbt up to the canal A TerS0a
 dinz at the intersection of the
 m road and the trolley road tracks d spe the door of the bzgzzee
 Standing on the west track he
 sae sh0uf esxh- feet fse1or tha