The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-01-15

put on trial before jury. Joshua
Clayton, Esq, for plaintiff; f. I.
Haines for defendant. The suit was
brought to recover damages for the
death OF Ellen c. Lilly, IL years and :
months old. daughter of Cecil +. Lilly,
OF North East, who was killed at the
crossing near the railroad station in
that town on April S, last. She and
Miss May Humphreys were approach
ing the crossing, where the gates were
lowered, while, a shifting engine was
movlrg cars. They attempted to cross,
not hearing an oncoming northbound
freight. Miss Humphreys Withdrew in
time, but Miss Lilly was on the track
and was struck and killed The Cor
oners jury had exonerated the railroad
company from all blame for the acci-
dent. Miss Humphreys and Harry H.
Shippers testified as to the features OF
the accident. Shippers heard no sig
nails given by the freight, but people
at the station called warnings to Miss
Lilly, Her father testified that a pile
OF cross-ties hid the view of the north
bound track from the crossing until one
got beyond the gate. Mrs. Lilly and
J. F. Diggs, the dead girls employer,
at the shirt factory, testified as to her
age. health, intelligence. etc. Several
other witnesses had been summoned.
but were not called, and the plaintiff S
case was closed at noon. Mr.. Haines
then prayed the Court to instruct the
Jury that there was not sufficient evil
dence to support the plaintiffs case
and to find for the defendant. upon
which prayer argument was heard af-
ter the recess.
Mr.. Haines' argument lasted until
Court adjourned for the day and was
based mainly on the contentious that
Miss Biddle was trcspasser on the
railroads right of way; that the com
pany had complied with the laws re-
quirements by supplying the gates,
which were down; that the gate-tender
was not bound to run risk in prevent
ing her from crossing: that it had not
been shown that he knew the freight
was approaching, and that the victim
had by her own negligence, contributed
TO her death. Mr.. Clayton made his
argument on Thursday morning, con
tending that Mr.. Mcdowell, the gate
tender. was a watchmsn as well and was
bound to warn the girl by call or sig
nal when he saw her in peril, which Il
was shown he had not done. Many
decisions were cited by opposing coun-
sci, and the Court divided on the grant
ing OF the prayer. which was thus re-
fused, Trial OF the case was resumed
after the recess.
The following witnesses were called
for defendant:
John kershaw, foreman OF section
gang. testified to the condition ot
tracks and surroundings on the dav ot
the accident
William T. Brown, OF the Engineer
ing department of railroad. testified to
making a survey OF the place OF the
accident, and that the approaching en-
gine could be seen 557 feet from the
place Of the accident.
John Renshaw was recalled and testi-
ned to beng Is feet from the crossing
at the time OF the accident Noticed
the two girls run out ahead OF the shift
ter ON to No. 2 track, they paid no at
tention to their shouts of warning, but
kept running. On No. I track there
was nothing to obstruct her view; or
Ne. a freight was coming North
ard he was watching it as it passed the
tower ccause of interest in protec-
ton "n account OF his own gang. Con
tradlctc1 the testimony OF Mr.. Biddle
that the pile of ties obstructed the view
There was no smoke OF any account
light smoke was blowing toward
Whites store. The approaching freight
train was ringing the bell.
Isaac Lcithiser was at work on the
South end OF the platform, about SC
feet from the crossing Heard trair
approaching, and looking UP saw the
girls look down the track and hesitate
as If they saw the train coming; then
girls rushed forward The Lilly gir
running in front OF engine and looking
beck at the other girl, as il inclined to
return, and then went on. Did not
notice any smoke from sh:fter to OBJ
Struct the view OF comino train
Milford uatchcl, a section hand was
at work near crossing. Saw the acci-
dent. His testimony was the same as
that OF ormer witnesses
Harvey B"istow: was at work on
platform; saw everything, until girl
was struck then turned his head; same
general testimony as previous mit-
hNSHNS' GIN llollCll. Ildu DtCI WOTK-
ing on electric lights at depot; was re-
turning from dinner to work when he
saw accident; same testimony as pre-
vious witnesses. Charles Dunlap: was
one OF section gang; saw accident
corroborated previous witnesses.
James B. Jones: saw no smoke from
the shifter. Saw the girls passing
Whites store. Heard an engine whis-
tie. The ties did not hide the view OF
the track from the gate.
G. w. Barney, engineer OF the shift
ter: saw the girls as his engine was
passing the crossing. Heard the freight
blow for brakes, but could not recall
hearing its signal whistle or bell. There
was no smoke from the shifter, but
much from the freight engine when il
stopped.
The case was still on trial when the
WIG went to press.