Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-03-31
SANTA FE CINCHED
FOR HANDLING
BUSTED CARS
GOVERNMENT TWINS CASE
AGAINSTTHE RAILROAD
Five Specific Violations of the
Safety APP IIiance Law Are
Proven AgInst the Company
Penalty otP500 Incurred,

The Atchisos, Topeka & Santa Fe
Railway company was found guilty
Yesterday afternoon of five violations
OF Tie safety appliance law in the case
brought against the company by the
United States, The verdict was re-
turned by the jurors without leaving
their seats, they having been instruct,
ed by Judge Abbott to return a YER
oict of guilty A penalty Of 500 is
attached to each count upon which
the company was convicted Seldom
has a case been more stubbornly
fought by the railroad company, than
the one which ended in conviction
yesterday Twenty witnesses were
placed on the stand in behalf of the
Santa Re company to give testimony
bearing on the ease. Some of these
Witnesses We're brought from Wins
low, Gallup and other places. Only
two witnesses were placed on the
stand by the government, Inspectors
kirch and LAWSON, although two wit
nesses who were placed on the stand
yesterday for the defense, were used
by the government to give testimony
favorab BILE to the plaintiff. These
Witnesses were =. e. Purdy local
agent for the Santa Fe, and William
Thomas, freight conductor. Mr.
Purdy gave testimony regarding the
contents and weight of contents mi
certain cars from way bills and other
papers in his possession. Mr. Thomas
testified that he was conductor on a
train which hauled bad order" cars
from Gallup to Albuquerque. 1t was
brought out during the trial that
these cars which We're hauled from
Gallup to Albuquerque We're the cars
upon which the government alleged /
violations of the law inasmuch as
they We're hauled over the road while
being in need Of repairs It was main. |.
tanned by the plaintiff that the nee
essarY repairs to bad order" cars
should be made at the nearest repair
shop, regardless of whether il is Gus
tomary to have repairs made at Ger
tain division points on not, one of
the strons points brought out by the |
government yesterday was the fact
that Chicago, Milwaukee 4 st Paul
car No. 4O55O was hauled from Cal
lup to Albuquerque while in need Of
repairs. The attorneys for the gov /
eminent maintained that the repairs
should have been made at Gallup. /
where the Santa Fe company has
repair shop and facilities for repair
ing cars, P. A Lawson inspector
for the government, was placed on
the stand yesterday afternoon He
testified that on August 81 he was in
Gallup and inspected Chicago. Mil
waukee & St Paul car No 40.55O
and Gulf, Colorado & Santa Zee car
No. 77qS, and found that they were
in bad order. He further testified to
had the workmen and proper faciH-
ties at Gallup to properly repair the
cars if it so desired.
Inspector Kirch was the next witness
for the plaintiff The testimony given
by Mr.. kirch was about the same as
that given by Mr.. Lawson with tho'
exception that he testified that on Au-
gust 31st, 1907, while he was in Gal
lup he had a conversation with F.
NJ. Sanjule, master mechanic for the
Santa Fe company at that point. Mr.,
kirch said that he told MI Sanjule
that there We're two bad order ears
IN the yard Mr. Sanjule was placed
IN the stand by the defense and
7wore that he could not remember
he conversation. Inspector Lawson
was again placed on the stand ana
testified that he was present at the
between Messrs. Kirch r
md Sanjule and substantiatcd Mr. |
<rch's testimony
Attorneys for both the prosecution
md defense announced that the case
was closed as far as they were CON
'erned. Upon request Of District AT
orney Leahy the jury was excused
'or few moments Mr. Leahy then c
moved that the court instruct the |
ury TO return a verdict Of guilty {
Isainst the defendants, setting forth G.