The Birmingham age-herald., 1910-11-09
NINE WITNESSES
 ON STAND IN WRECK
 TRIAL YESTERDAY
Gaston Gunter Passenger on Train and Relates Conver-
 sation With Fireman
ROAD MEN DESCRIBE
 CONDITION OF SWITCH
the Train Passed Previously to the One Which Was
 Wrecked


 With attorneys fighting every inch of the ground, the famous trial of William Nabors, the Louisville and Nashville fire man, charged with murder and train wrecking, was continued yesterday in the criminal court, Judge Fort presiding. 1 Nine witnesses for the state were ex- mined yesterday, and at the present rate the hearing of testimony of the hundred or more witnesses summoned will con- sume over ten days.
 The entire afternoon yesterday was state witnesses, Judge Gaston Gunter, ex-mayor of Montgomery, who was pas senger on the wrecked passenger train, and A. J. Lamb roadmaster in charge of the Louisville and Nashville line be- tween Decatur and Montgomery.
 Roadmaster Lambs testimony was per haps the most important yet entered by the state and over two hours were given to his examination, direct, cross, redi- rect and otherwise. At 5 o'clock court adjourned with his examination not yet finished.
 Judge Gunter of Montgomery, who ar rived with several other prominent men l of that city to act as witnesses for the | state, testified to having been a passen- | ger on No. 4, the passenger train wrecked in the siding at Cunningham. He told of a conversation he had with man sup posed to be Majors, who stated he was 1 fireman on No. T, the freight train in the siding. Judge Gunter declared that in his opinion the manner of the man l with whim he talked was 'lackadaisical," and, as the French would say, ''nonchal- ante". Objection was raised by counsel for Majors to this testimony on the grounds that it called for an expression of opinion on conclusion by the witness. and also because Judge Gunter stated he could not positively identify Ma bors as the man with whom he talked. He said he expressed surprise at the time of the wreck that Majors had not been injured and that Majors answered by telling him that he was not on his engine, but up the track attending to im- portant business. He also told of the rescue of William Young the mail-ex- press messenger, who was fatally in jured, describing the position of the ex- press car as being forced over and upon the engine of No. n, the steam from which fatally scalded the messenger.
 Roadmnster's Testimony
 Il A. J. Lamb. Louisville and Nashville roadmaster in charge of the line between . Decatur and Montgomery, told of arriv- ing at the scene of the wreck with a wrecker about II o'clock that night. He testified to examining the switch at Gun nipgham. and stated that everything was intact with the exception of the switch lock and chain, which were missing. He measured the distance from the switch stand to the engine of No. 71 he said, and found it to be 6l6 feet.
 The roadma ster's expert testimony as | to railroad switches consumed the greater part of the afternoon book of rules of procedure for the Louisville and Nash vile operating department was introduced | by the state, and Lamb was asked to | give oral information as to it's contents. He testified along this line that flremen are not ordinarily given switch keys, but at time of emergency may borrow such keys from conductors. brakenen or others who are entrusted with them. II was the evident purpose of the prose- cution to prepare the way for further testimony showing that Majors had a switch key.
 Wreck Perhaps Accidental
 Under cross-examnation by Attorney George Ross for the defense Lamb gave as his expert opinion that the jolt and jal of a train passing south at Cunningham previous to the wreck might have caused the switch to be thrown oper without the aid of human agency. Thi. was not probable. however, MT. Lamt stated, and further said that he had never heard of such case. Before MT. Ross cross-examination of the witness wa. . completed adjournment was taken unti this morning.
 Morning Session Yesterday s The testimony of the crew of south
 bound freight No. 19, which passed Gun ningham going south on the night of ant : previous to the wreck was the main fea r lures yesterday morning Engineer W
 D. Moore. Flagman J. F. O'Bryant ant , Conductor W. D. Hester all testified tha
 the track seemed in good order when No 19 passed Cunningham. Conductor Hes 2 ter stated that the switch had been SC t for the main line and that had it no 9 been the passing of the southborlnd trair | would have broken" 1t. If such hat !. been the case. he stated, No. would have been wrecked at the entrance of tn, switch instead of running into it as fal !. as the freight on the siding.
 l. Section Foreman T. J. Handley testi h fled to inspecting the switch after tn,
 wreck and stated that 1t was set for tn,
 main line and the lever had been SC t securely in the slot The switch wal = not out of order, he said, and needed nc }. repair for three months after the wreck l. Archie Handley and William Beasley
 two boys, testified to lighting the switcf ' lamp on the night of the wreck. Dr. An : drew Cameron testified that William 3 Young, the fireman of No. 4 died be 7 cause he was scalded by steam during thu :. | wreck
 Attorneys B. M. Allen, P. G. Bow . man and Hugh Morrow did most of ths 2 | prosecuting, assisted by G. R. Harsh ant II C. P. Beddow. King, Goodwin and Ros,
 were all active in the defense of Ma i