The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-16
LAIMBEER IN WIFE'S
ARMS WHEN KILLED
Widow Tells Dramatic Story Of
Wreck Lead Auto Smash
in Damage Suit.
VANDERBILT ON STAND

~ x Vanderbilt. Jr.. were the prin-
Gina, witnesses yesterday in the su-
,,sme Court, Long Island City. where
,,.s Elizabeth Warden Pell is suing the
lang Island Railroad for se5o,0o0 for
aha death OF her husband, :. Osgood
p.l a, the Wreck Lead crossing near
Long Beach on August 3. 1918. Mrs
,s,mbeer also Is SUING for s25o.ooO for
her husbands death In the same acc!-
a.,, and for the same amount for In
turtles that made her a cripple. Do
r.nico Gambino, Mr.. Pel's chauffeur.
.,so was killed at the same time.
Mr.. Laimbeer was dressed In deep
uourning and hardly could control her
feelings on the stand.
81 went to Ions Beach twice the day
q, the accident" she testified. I'm the
morning / went down with my husband.
our two children and the nurse. That
evening We went down to the Trouville
IN ,o,n the Pell party. We got through
,ts dinner about s:i5 and were going to
.ro,her restaurant but changed our
minds and we got In Mr.. Pclls automo-
hls Mr.. Pell sat at the steering wheel.
rhs chauffeur sat alongside of him. | sat
aside Immediately back OF MIR. Pell.
vI,h nv husba nd on the left hand side.
Mrs Pcli went in Mr.. vandebilt's auto
mobile.
Threw Arms Around Husband.
mfr Pell drove the machine. l rod
Nth him very often. n he was a care
suI driver. | was talking TO my hus-
hand. suddenly I looked up and saw
some,hing big and black coming down
on us. sprang UP n tapped on the
window for Mr.. Pell. Then i turned
and threw my arms aroun my hus-
hand 10 protect him-and that was all.
The car was going along at a moderate
speed and ! aid not hear the sound OF
whistle or bell"
Explaining. on cross-examination. a
statement, made to the Coroner, Mrs.
laimoeer said she had been kept under
oplates until November Is following the
accident and that her mind had been a
blank.
Mr.. Vanderbilt appeared in court
shortly before the noon recess n told
O. the dinner party M the accident
that followed. \ surprise was furnished
on the cross-eNamination by former
CONGRESSMAN AdrIln w lltlltlOn when
he produced testimony given by Mr.. Van
derbilt at the investigation before tho
Public Service Commission following the
accident. Mr.. Littleton paved the way
for the testimony when in answer TO n
Q~ueetlon Mr.. Vanderbilt said that he
recollected that there were two rail-
road crossings on the Long Beach road.
Then Mr.. littleton read the following
question and answer which formed part
Of Mr.. Vanderbilt's testimony:
You have in mind that there were
two railroad crossings
Yes, they were perfectly visible
there was nothing TO ohstruct the view.
You could see trains a long distance"
On redirect examination former
Justice Augustus a Wyck. who repre-
cents Mrs. Pell. endeavored to Ia
Nj Vanderbilt modify that testimony.
What YOU mean to say" said Mr..
Van Wyck, lis that o can see a train
approaching in daytime"
Any time" replied Mr.. Vanderbilt.
"Any time, day or night a train can be
seen a good distance away"
D~epressins to Plaintiffs.
A recess was taken Immediately fol-
lowing Mr.. Vanderbilt's testimony, which
tad a depressing effect on those inter
~tNs al AiS q - SuiNs WI W bilN
hurried from the court room and going
on. a side entrance escaped n score or
more OF photographers.
II was the fret day for taking testi-
nony on the trial. the jury having been
obtained the day before. Mrs. Pell and
Ms. Laimbeer sat together and near
them were Theodore Roosevelt Pell and
5 II P. Pell, brothers OF S. Osgood
Fell.
Herbert Patterson. a travelling sales
man, living in Lynbrook. l.. l., saw a
train standing on the crossing. His i'm
preston was that there were lights In
te hrst two cars and In the two rear
oars' making It appear at a distance as
" there were two trains, the unlighted
cars not being visible.
David c. Wills. a Of Great
Neck, l.. l.. produced n survey Of the
crossing and showed n power house near
the crossing and telephone poles and a
nasmdn's shanty, which II Is contended
oy the plaintiff shut of Mr.. Pelrs view
OF the crossing and brought about the
%accident.
The trial e on this morning.