Los Angeles herald., 1907-10-05
ADMITS CAR WHEEL
, HAD BROKEN FLANCE
EXPERT WITNESSES TESTIFY AT
TRIAL OF MoToRMAN
Much Testimony Taken at Hearing Of
John Harris, Charged wiki Man.
slaughter, and Case Is Con-
tnued Until Monday

The trial of Motorman John Harris.
charged with mansaughter, was resumed
yesterday before Judge James. Much of
the time was taken up with the testi-
mony of expert witnesses, and the pros
ecutior had not finished its case when
court adjourned last night.
John d. Weber. superintendent of mo-
tive power for the Los Angeles Railway
company. testified to the condition of the
carr on the day of the wreck. 1t was
In good order, he said, when 1t left the
barn, and had been regularly inspected,
as are all cars every night. On cross
examination, he admitted he had not
made a persona; inspection of the car,
but said it was the duty of certain man
who reported to him whenever a car was
out of order.
Isn't 1t true Mr.. Weber that one of
the wheels of that car had a Clipped
flange?' asked Attorney Allender for the
defense.
"Yes, there was slight chip off one of
the wheels, but it was on the back of the
flange and could not come in contact
with the rail- the witness replied after
d moment s nesltdtlOn.
On redirect examination, Deputy Dis
trict Attorney Blair, who has charge OF
the prosecution, asked the witness to IL
lustrate to the jury just how the flange
was chipped. For the purpose of Illus
trating, he handed the witness derby
hat and Mr.. Weber indicated a place on
the back Of the rim.
John J. Akin general manager of the
street railway company, was the next
witness. His testimony was much the
same as he gave at the preliminary ex-
animation, Counsel for the deense OBJ
jected to his answering questions relat-
ing to conversation he had with the
defendant the day following the wreck,
but agreed that he could tell the whole
conversation.
Tells of Conversation
Harris told me he knew he was near
ing a curve and that his car was running
down grade" said the witness
HE said he threw off the current and
applied the brakes in due time, but for
some reason the air didn't seem, to work.
On former trips over the same line with
that car he had no trouble with the
brakes
Further than that the witness could not
remember, and he was allowed to refresh
his memory with a transcript of his tes-
timony taken at the FORMER nearing. MT.
Akin also produced a rule book of the
company, which he said all motormen
and conductors were required to carry
when on duty.
He read from rule 81. which defines the
duties of motorman when approaching
curves, as follows: Never approach a
curve at a speed greater than four miles
an hour. When entering curve the
brakes should be released so the brake
s..oes will not crowd the Wheels"
In another rule regarding the precau-
ton necessary in the operation Of cars
he read: 1.-The position Of motorman Is
one of great responsibility, and while 1t is
desired that every effort should be made
to maintain schedule time, it is more i'm
portant to avoid accidents. Under no cir
cumstances should motorman take an,
chances to make time at the risk Of al
| accident"
More rules in the forms Of bulletins
which were posted in the waiting rooms
of the motormen, met with determined
objection on the part of the Defense and
| after an argument, the court ruled
against them.
The trial will be continued Monday a
| 10 o'clock.