Los Angeles herald., 1907-04-30
FIX BLAME FOR
BRIDGE DISASTER
ELIMlNARY COMPLETED BE-
FORE JUSTICE
Engineer and Fireman Make Vigorous
Effort to Shift Responsibility
for Wrecking of Clare
mont Special

The preliminary examination of En-
gineer R. w. Kelly and Fireman v.
r. HoInble of the Santa Fe company
will be completed this afternoon before
Justice Stephens and the question as
to whether or not the men will have
to face criminal prosecution before a
Jur.' in the superior court or whether
they will go free will be decided.
Yesterday some of the most damag-
ing evidence of the preliminary exam
ination was produced when j. e. But
Ter, chief dispatcher of the Los An
geles division of the Santa Fe with
headquarters at San Bernardino, was
called to the stand.
1t was Butler who, through lis assis-
tant. Monroe, made up the special that
carried the college Toys from the Clare
mont field meet back to the Buena
Vista street bridge, where the accident
occurred. Butler testified yesterday
that personally he had not issued Or
ders for the Overland to hold up at
the first tower for the special to go
through, but that Monroe had.
Has Signed Dispatch
Then came the question of whether
the dispatcher's orders or the regular
rules of the company were the ones
to be followed. At that Assistant Dis
rict Attorney McComas, who was
prosecuting the case, leaped to his feet
and declared to the court that he had
the dispatcher's orders issued by the
dispatcher for that particular train and
signed by the conductor of the train,
and that the evidence of the case
would hold close to that line without
needing any regulations or general
rules of the company.
Attorney LIE Compile Davis, repre-
senting Engineer l-elly, held to the
rules being read and the court finally
allowed the regulations to be read into
the transcript.
Throughout the morning yesterday
it was e,-ident that a three-cornered
fight was in progress. Assistant Dis
trict Attorney McComas took up all
his time in trying to place the blame
of the disaster on both fireman and
engineer, while battle royal is said to
be contemplated whel. it comes to q
question of whether Kelly or Homble
was to blame and as separate firms
of attorneys represent the men the en-
gagement promises to be interesting.
Arguments Begin Today
The last of the evidence was COM
pleted yesterday and the argument in
the case viii begin this morning, the
defense refusing to put in any evidence
in the preliminary examination and
holding out their trump cards If they
have am to spring by surprise in the
higher court.
During the preliminary examination
the greatest interest has been mani
tested and every day the .Etice's
court room has been crowded. When
the case comes up for consideration in
the higher court there will be a serious
question of handling the crowd, and
arrangements will be made along that
line as oon as Justice stephens decides
whether or not Kelly and Homble will
be held over.
Accordin.: to the statement of at
torneys in the case the prosecution of
the train crew is rather remarkable
in the history of California and both
sides are putting their best into the
trial, the prosecution to uphold the
coroner's jury in its decision, the de-
Tense to clear the train crew on a most
serious charge, and there are several
thousand college students so vitality in
terested in a case affecting their COM
rades that most Of them are preparing
to attend the higher trial.