Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-11-24
MANSLAUGHTER Is CHARGED
Case against Motorman Amos
Brockney Begun in City Court.
Many Witnesses Testify Regarding
Accident in which JameS II. WILL
Iiams Lost His Life before
Electric Car.

Were the atmospheric conditions such as
to make It impossible for Amos Brockney
to see far ahead on the night of October
II, when his car ran over and killed James
II. Williams on the lower road to
Winooski, and, II 3d. did Mr. Brockney
exercise proper care in operating his car?
This Is, in substance, the point that
States Attorney II. p. Shaw is trying
to determine in the case OF the State
against Brockney.
The preliminary hearing In the Brocknev
case was held yesterday in city court
before Judge Mower The hearing oc-
cupied nearly the entire day and several
witnesses We're examined Brockney IS
charged with manslaughter, and is now
out on $4,000 bail. At the hearing yester-
day ne was represented by A. g. white
more and Il. Il. Brown, while States At
torney Shaw conducted tho prosecution.
At the conclusion Of yesterdays hearing
adjournment was taken until Friday.
There was abundance Of testimony yes
terday concerning the accident and the
happenings that took place Immediately
after the accident. The testimony of all
the witnesses tended TO show that the
nieht on which williams was killed was
dark and misty. 1t had been raining and
the atmosphere was hazy.
Henry Granger. conductor on tho car
that ran over williams. testified that
there were six people on the car He said
the first he knew OF the accident was
when he felt q sudden jar as the chr was
a short distance east of Prospect street
Granger said he got of the car. went
back two car lengths and a half and
found Williams lying on tho track. Ills
coat was pulled over his head and he was
still alive. Granger went back and
stopped n car that was trailing his car
from Winooski. He said the headlight
on the car that struck Williams was
lighted at the time OF the accident and
that the car fender was down. The car
was going about six miles per hour, he
thought.
II. NJ Mcintosh, who made n plan Of
the section OF the road where the accident
occurred. testified that the body was 81
feet from an electric light. towards
Winooski. and 572 feet from the noxt
electric light. towards burlington. Stand
ing under one light and looking toward
the other. he said one could not see the
latter when the foliage was on the trees,
owing to a curve in the road.
DR.. J. G.. Thabault Of Winooski. who
was coming 10 burlington by team when
the accident occurred. testified that he
reached the injured man shortly after
the accident and found that the left arm
was crushed and that there was a
| hemorrhage from the wound, which he
tried to stop. He said the man died
within ten or fifteen minutes after he
| reached him.
| The heavy jolt of the car when it
struck Williams was what called the at
| tention Of T. l.. Linsenmcr of Wnooski
| to the accident. He said the car
must have been going about 10 or
| Ii miles per hour. lie testified t.
having gone with Brookney to tho
place where the man was lying between
the tracks. and afterwards he paced OF
the distance between the body and the car
and there were IS PAGES. Other witnesses
who testified along the same lines were
Frank *, Packard Of Winooski and Or
| Fred *. Jackson
At the hearing in the afternoon Dr.
b. II Stone. who performed the autopsy
on Williams testified as to the result
OF the autopsy. This evidence was mostly
of a technical character.
| Objection was made to the introduction
| by the State of testimony concerning a
| test that was made by the Burlington
| Traction company over the same route
| with the same car on night rcCentlJ
when atmospheric conditions were the
, same as when Williams was Killed. Thi-
objection, which referred principally l.
! he light the car. was sustained ~
Judge Mower on the ground that tn,
atm ospheric conditions might not h,
| similar on any two nights.
Superintendent Jones of the Traction
company testified concerning the type o.
lamp used as headlight on the car thai
| I3rockney was operating. He said tn,
headlight was 10 inches in diameter across
the glass and was located on the hood
the car in such manner that IL would
| shine down on the track. He said III,
window IN front Of Brockney was OF tn,
kind that would open.
chief of Police Russell testified that h,
examined the under side OF the car aftel
the accident and found that part of tn,
machinery had been rubbed off smooth
while other parts near by were covere,
with dust and grease. Other witnesses
who testified concerning the condition o
the atmosphere on the night of the &c
cident we're J. F. E. Lavalee of Winoo
ski and j. w. German.