Evening journal., 1913-05-24
JURY ALLEGES
NEGLIGENCE In
JOHNSON DEATH
COrOner'S PrOberS Find New
ark Gates We're Up When
Train Hit Man
CROSSING TENDER
TELLS OF FATALITY


Ohio train al q grade crossing In
Newark, concluded yesterday that
johnson came TO his death from in
juries received by being struck by a
train, due to negligence OF the said
Baltimore & Ohio Railroad Company
in not having competent gate tender
stationed at the crossing"
The inquest was held IN the Office
OF Coroner Spring, and several wit
nesses we're heard. The jury was
comprised OF Robert T. Jones, fore
man; Charles G. Guyer. secretary;
J. T. Spring, Jr., Samuel Allen, Maris
Wingate and John W. Cameron.
The hearing was enlivened by fire.
Quent Tits between Mr.. Jones, Of the
turv, and r. II. Lamb, claim agent OF
abe railroad company. The company
was not represented by counsel. but
Nv. W. Knowles and William T. Ly-
nam appeared for the widow Of John
son.
Charles d. Crist. colored, the gate
Render in charge At the crossing last
Sunday night, was the most import
hnt witness. He testified he had
Ibeen down to the station to extin-
guish the lights and was on his way
BACK TO the crossing when the crash
occurred. He judged Il was about
pl O'Clock. He said the gates we're
up. He testified that his foreman,
y. l.. Cage, had instructed him 10 put
out the lights at the station and had
showed him how to do IL. He testi-
med the train was not a regular
train, and he judged its speed at so
or 90 miles an hour at the time OF
the accident He said he heard the
hell AZ the crossing ringing and he
then knew there was something in
the block. After the train struck
the carriage, he said, Il never
stopped, but kept on down the
tracks
Crist admitted he was doing two
5ohs at the ono time when the acci-
dent occurred He said a Mr.. Gal
lagher had asked him II he had in
structious 10 extinguish the station
lights at night. and when he said he
had not, Gallagher told him to get
such instructions. When the engine
hit the vehicle the horse and parts
Of the carriage fell close 10 him. He
said he never before tended gates.
and had only had about two weeks
actual work at them.
John Morgan. Of Newark, was sitt-
Ing on a bench at the station and he
was an eyewitness to the entire af-
fair. His testimony was practically
the same az Crisis. He estimated the
Enrad ~ The - -. ID.
an hour.
Frank Jefferson. colored. OF New
ark. saw the impending crash, but he
turned his head, as he did not want
TO see the two men killed. as he
thought they would be. Asked about
the speed Of the train. he replied:
She was coming, all right" He said
the gates we're up and the watchman
was not there.
Charles Anderson. colored. Of New
ark, was another eyewitness. He said
the gates we're up and the watchman
down at the station. He saw the
Johnsons approach the crossing,
elacken the pace TO listen for a train,
start across the tracks, and when they
saw the train bearing down upon
them. they tried to stop and back on,
and failing in this. they had turned
the horses head down the track when
the locomotive struck them. He did
not hear the bell on the engine, nor
did he hear the whistle sounded
John Fisher OF Newark testified he
cav one OF the gates broken.
William I. Hilton. OF 1905 Covington
street, South Baltimore, the engineer
IN charge OF the train, was called. He
said the train was a special extra i'm
migrant train with nine or ten cars
attached He passed Newark at 10.5s
O'Clock Sunday night He did not
know the engine had hit anything un.
I'll he arrived at Camden station, Bal
tmore, when he received a message
directing him to advise his superiorl
as TO the details He examined tn,
front OF the engine and found thre,
broken epokes in the pilot.
He testified that he blew the whistle
and the bell was ringing when they
passed Newark that night. He saiS
their speed was AZ miles an hour &C
ccrding 10 the speedometer on the 10
connective, for he looked at Il as hil
train passed the station. He said M
did not see anything unusual at thu
crossing. And he did not feel a shocl
when the engine struck the team. Hit
train, he said, had no schedule time
as It was running extra. He testihe,
that the rules OF the company do no
permit a speed OF more than 60 miles
an hour at any time.
Explaining how he failed to Sc,
anything at the crossings, he said III
was looking at the signal light oi
a high pole below the crossing.
Thomas B. Simpson. of West Phila
delphia. gave practically the SAM
testimony as tho engineer.
Mr.. Jones wanted to produce evi
derce to show the alleged dangerou
conditions at the crossing where tn
accident occurred Mr. Lamb OBJ
jected and they had a discussion re
garding the admissibility of such evi
dence in connection with the case.
z. NJ. Shellender. town bailin Il
Newark. was called. and said tn
crossing watchman has seven road
70 watch. He never heard OF an
speed limit for trains through IN
town. He considered the crossin
dangerous. He had offered TO loo
after the lights at the station an
give the railroad police service fc
pay. but his offer was not accepte,
He was asked how may teams hay
been struck there and admitted thi
f. the hrst to his knowledge in Nv
years
crist. the watchman. was recallel
and said he wnr supposed to be ns
tlned by some one when specii
49, A. I.s.I = : -