Evening journal., 1908-12-02
WEIGH CASE
NEAR THE JURY
Defense in Damage Suit Con-
tends Plaintiff Was Given
Warning
MANY WITNESSES
FOR COMPANY

Witnesses for the defence in the Welch
VS.. Baltimore and Ohio Railroad Com
pany damage suit on trial in Superior
Court this morning testified that the
Whistle and the bell on the engine which
ran down Harry c. Welch ON the Els
mere "Y' last year had sounded warm
ings before approaching the spot where
the accident occurred.
The principal witnesses we're John Has
son. the engineman, and John II. Hogan
the fremen. Hasson said he saw the team
in which Wclch was riding when 500 feet
below the crossing and sounded the usual
warning and blew the whistle again when
he saw that the team was in danger. Has
son said his train was running about
eighteen miles an hour at the time
Hogan said the bell OF the engine was
ringing at the time it struck the Welch
team
Herbert Il. Fowler. a civil engineer in
the employ of the railroad company
showed a blue print chart Of the Els
mere Junction including the "Y" and
gave distances. etc.
j. jackson Pierce who made an ex-
animation of the railroad crossing. said
a person driving toward Wilmington
could sec train approaching the "Y"
crossing from three different points. Upon
cross-eNaminauon Mr.. Pierce told Mr..
Hastings that he was not positive that
a person could see a train on the .'Y"
tracks from the same three viewpoints.
Captain Philip Reybold gave similar tes-
timony.
walter Fosnocht who was operator
IN the Reading Railroad Companv's
ElSmere signal tower on the dav of the
accident, said he heard the engine
whistle blow, saw the engine bell
swinging and rang the signal bell at
the crossing where Welsh WAS run
down. Witness said he saw Welsh
drawing toward the crossing at about
a ten mile rate and felt that the team
would be struck. Fosnocht said ne
controlled the crossing bell from the
signal tower and turned on the lever
which operated the signal. Another
ringing bell in the tower Indicated TO
the witness that the crossing bell was
ringing, he said. y
Edward Faust, a car inspector in the
employ of the defendant company. said
that when Fostocht told him Of a team
being struck at the crossing he told
Fosnocht TO keep the crossing bell ring
ing until he could get to the spot.
Faust said he ran to the crossing and
after hearing the bell ringing signalled
Fosnocht TO silence IT,
James B. Charsha, who was baggage
master and John Pagan. brakeman OF
the train that ran Welsh down. said
the enine whistle had sounded before
the train approached the crossing.
Iamotte McElwec. a young Mil
Creek hundred butcher. who said he
drove over the crossing short dis
tance ahead of Welsh. said he heard the
crossing bell ring and the engine whis-
tie sound before the crossed the tracks
Both sides then closed and argument
before the jury began.
The case will go TO the jury this af-
ternoon.
The defense began Its case yesterday
afternoon by calling Harry A. Mast
a lineman In the employ Of the Phila-
delphia and Reading Railway Company
Mast said he had tested the crossing
gong a month before the accident. and
had placed new batteries in H. At that
I time Il was i'm good condition. Witness
said the gong was not automatic but
was operated from the signal tower 10y
/ the operator.
John NJ Hanson. engineer OF tn,
| train. stated that he used every pre-
caution to prevent the accident. and
that upon approaching the "Y" track
/ he gave the usual crossing signals
namely two long and two short blasts
t Of tho whistle Of the locomotive. Wit
ness said the team was going very fasi
! when 80 was struck.