Waterbury evening Democrat., 1907-12-13

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 gatehouse, he could see from the inter- section of the tracks about forty feet south, but he could not see train at the depot on the Highland division tracks.
 James Cosgrove, freight agent at
 the Naugatuck station was the next
 witness. He was not in court at 9 o'clock and an officer was sent after him. Cosgrove, when asked by the prosecuting attorney why he was not present on time stated that because of the illness of his child he had missed his train. He admitted that he hired Flavin as gateman for the West Main street crossing. He understood that Flavin had been doing railroad work for years that is, as brakeman, He asked Flavin if he knew how to tend gates and Flavin said he did. He un- undstood from Yardmaster Meehan that the accused was competent
 man. He gave him no orders what sOever, which point Attorney Kennedy impressed upon the court several times during the trial. Thomas H. Fray of Watertown, en- gineer on the Watertown train on the
 eventful morning, testified as to com ing into the West Main street station. He said his engine backed in, the ten der pointing south, as Watertown
 trains generally came down that way. His engine passed the freight engine about p feet south of the waterplug. Clarence Cook, conductor on the Wa tertown train, said his train pulled
 into the West Main street station about GAO. It remained there about five minutes. This would make the
 train leaving the station at 6:45. The train consisted of two passenger coaches and combination car, that is baggage, mail and smoker.
 Motorman Charles Learned was the next witness. He testified that he broke in as motorman about three years ago but has not been employed all that time as regular. He stated that on the morning of the accident he did not see any gates lowered, but later corrected himself and said he saw them going up. He was about 200 feet from the crossing at that time. When he approached the crossing he stopped his car, halting it directly behind the car ahead. Con- ductor Dillon got off and jumped on the rear step of the car ahead. He rode across the first tracks. Learned knew Dillon had the red lantern but up and down the tracks. From his position he could not see far down the rails. When he got the signal to go ahead he gave the two bells and went across. His car just reached the rails when he saw the engine. "Then put on all power," he said, reach ing the overhead switch. This blew out and the last I saw of Dillon he was crossing the last two rails" , The witness could not say how far he was from the engine but thought the engine was very near him.
 On cross examination the witness admitted that motormen as a rule do not watch to see whether their con- ductors look up and down the tracks but simply are on the lookout for the signaf to go ahead.
 If your power had not left your car would it not have crossed the tracks safely?" asked Attorney Lynch. Tt might, if fate had been with me-" replied the witness. The witness said that the car was going about two miles an hour when it was struck. Did not know what time the car left the center as some mornings the car was late and other mornings early. The witness acknowl ulged that he did not look down the tracks towards the station, but repeated of ten that he was looking up the line from his car. This seemed to be in- scribed upon his mind. It was at this point that Attorney Kennedy took him in hand and when the wit ness was not giving very intelligible answers the barrister passed him up.
 Deputy Corner Walter D. Make peace was the next witness, but At torney Kennedy objected to his testi- money until the foundation had been laid for the same After some prelim- mary questions he was allowed to testify as the evidence in the opinion of the court was admissible. He told of the conversation he had with Flavin, before which he warned him that his testimony might or might not be used against him. The first conversation took place in the office of the superintendent of police and Mir Makepeace was of the opinion that the second talk with Flavin took place there also until his mem- ory was refreshed by the question of Attorney Kennedy as to whether it did not take place in a coach in the railroad yard MT Makepeace said that Flavin told him that he lowered the gates as the Watertown train passed. When the train stopped at the station he then raised the gates and one trolley car had passed when he saw the freight approaching. He then tried to lower the gates again but the car was within the gates be- fore he could get them down. He still lowered them, however. and they struck the top of the car. He could not say which part they hit. He stated that a passenger train blocked his view and was sure that he stuck to his gates all the time and from the time that the Watertown train had passed until the accident occurred he had not gone into the gate house. On cross examination Attorney Kennedy showed that the first stop of the freight train on that morning had been at the point near the old High land station where the Naugatuck and Highland division tracks inter- sect. Attorney Kennedy also had the following rule read in regard to a freight train passing a passenger train which is stopped at station. It is railroad rule No 107.
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