Waterbury evening Democrat., 1907-12-13

paratory to Dillon going across the rails He could see no signs of the freight train. The gates were partly up at the time, but he could not see the gateman, but he might have been there, as he was not looking that way. He was on the right hand side of the front platform; saw mOtorman reach for the motorbox and stated that the car then came to a half. St Pierre jumped off and ran across the tracks, but turned around in time to see the car getting banged. In his opinion the freight engine was about 100 feet away when Motorman Learned and himself saw wit
 At this point the state rested and Attorney Kennedy moved that Flavin be discharged. He stated that the evil dence showed that Flavin's view was obstructed by the Watertown train, he attempted to lower his gates as soon as he saw the freight, the rule about freight engines stopping at sta tion, etc, had not been followed out which was no fault of Flavin's. the crossing bell was ringing in an irregu- lar way, no whistle or bell of the en- zine had been sounded until the crash was inevitable, and there was not the least evidence of grOss negligence. "NOw. I tell the court in absolute sin cerity that this man is poor. very poor. earning as he does either So or $1O.50 week, and I don't see where there is a case against him." continued Ken nedy. But the court at that time was of the opinion that it was prima facie case 'IHOw much his 'negli- gence depends upon the negligence of others remains to be seen." said the court. but I will have to deny the motiOn.'
 Flavin then took the stand. He testified that he has been in Waterbury four years and that previous to the accident he was employed as brakeman off and no for nine years. His testimony was about the same as he gave to the deputy coroner. The Watertown train had passed in to the station, the last coach being about forty feet from the crossing. He raised the rails and one car had passed when he saw the freight coming. The freight was about forty feet from the car at the time. Heard no whistle or bell of engine un- til engine was almost on car. (At this point Attorney Kennedy wanted to know what was al 1.-the noise going on Ill the court room and said he would like to have it stopped. The court was also of the opinion that there was much unnecessary noise. It came from the standing room corner, which is located near city hall doorD The crossing bell continued to ring after the Watertown train had passed, but it always rang when train stopped at the station. Switches within the block always caused the warning bell to ring. Counsel for the accused tried to bring out the fact that teamsters and trolleymen for the most part re- gard this bell as sort of false alarm" Witness saw Conductor Dil- lon about eight feet from the east track waving his lantern. The pro- secution tried to have Flayin admit that he left his post after the Water town train had passed, as generally that is the last train that the night watchman has to watch, but the wit ness stated he stuck to his gates and was there when the accident happen ed. He said he was perfectly sober on the morning of the accident.
 Conductor Dillon was the next to take the witness stand. Dillon siad he has been in Waterbury six years, four of which he has worked for the trolley company. Said his car left the center at 6:3O on the morning of the accident Admitted that he rode across the first, or Highland division. tracks on the rear step of the car ahead. While riding across he stated that he looked up the line to see whether any train was coming. He stood between the Highland and Nau- gatuck tracks, as the rule of the com pany ordered and looked southward to see If any engine was in sight. Did not notice any. so he gave the come on signal whistle blew and bell rang just before engine struck. He will ingly told the coroner all that happen ed He was the last witness for the defense.
 Attorney Lynch. in summing up. stated that it was one of those acci- dents for which no one was really to blame. It was caused by chain of circumstances which might incrimin- ate many. but Flavin and Dillon no more than others. Tt is not these men that should be blamed" he said. but the men that allowed conditions to exist that would make such an ac- cident. The overhead switch is not there to save passengers. but to save motOrbOxes. and if 1t had not been touched. the car would have got across safely. Conductor Dillon had nothing to do with the car stopping on the rails and should not be held responsible" He said that the evi- dence tended to show that Dillon did his duty and that the company thinks SO much of the employe that if he were acquitted he would be put 10 work in the morning.
 Attorney Kennedy wanted to im- press it upon the court that F1avin had not disobeyed any order. He had none" chimed in the prosecuting attorney. That's just the point, !" replied the ex-senatOr. and the more reason why he should be discharged. {" He said that there was no evidence to show that F1avin had been grossly negligent and quoted a passage from Judge Curtis charge to the jury in the Fisher trial last week. ''In the past fifteen years of all the suits that have brought against corporations. '' he went on. "I have never known where any one Of a corporation was criminaIly prosecuted. And why