New Britain herald., 1915-01-05
RAILROAD CROSSING
 NOT WELL PROTECTED
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 they were put there by the day man and he hadn't removed them.
 Discharge Motion Denied.
 When the state rested, Attorney McDonough gave a resume Of the case. showing the general opinion, With the exception of Kilbourne's, NAs that Gagner was not driving reclxlessly. He then made a motion --te have his client discharged, arguing that there was no light on the north side of the crossing, so Gagner. with steam on the windshield, could not see the lowered gates. He asserted that Kilbourne was deliebartely falsi- lying when he said the gates were
 Aarded and posted with lights. Re Ea4ding the reckless driving, the law yer for the defense recalled the testl- nlouy of state witnesses saying that Gagner was not guilty of careless ness. He struck the gate because the usual warning lantern was not there." argued the attorney.
 All Deny Rcckless Driving.
 D. A. Harris. who said he was dis interested witness. told of the accident and said that the auto slowed up in front of Fl. l.. Mills store when some one said, "Go Ahead" The first gate was hit on the right hand side, and the car swerved so that the second gates were hit in the middle and con- tfnued on. There was no light on 1ther gate near tho Union Tea com
 n.y. asserted the witness He
 snt going very fast" he added, ,wfen asked if Gagner was going at 2 selklexs rate of speed. Near Mills .prc he estimated tho speed of the
 fo as about eight or nine miles an
 lr. Testimony given by William Henderson fas of similar nature. he too stoutlv maintaining that the gates were not protected by lights. With his evidence the defense rested and .hpth the prosecutor and the lawyer for the defense made their closing ar guments for, conviction and acquittal respectively.
 Judgo Biames Railroad.
 In making known his decision Judge Meskill argued the case and said that regarding the reckless driving the evidence was somewhat conflicting, but inasmuch as officers and both Mr. Coyle and MT. Desmond as we'll as MT. Sanderson declared that the car was not speeding and the fact that the lowered gates were not properly guarded with a light he would have to find the accused not guilty and would order his discharge. The break ing of gates was due to the negligence of some employe of the corporation he declared
 In reply Judge Andrew said it is really matter of incident that the question of the gate lights came up. He also attempted to discredit Des- monds testimony and insistent;y maintained that Gagner was guilty, and so proven, of reckless driving 7r4'"The head lights should have given notice if he had been driving careful ly.' said the judge. II will deny the motion this time.'
 Gngner Takes Stand.
 After a short recess MT. Gagncr himself was called to the stand. He briefly described his little Buick car and said that on the night of Decen,- be- 2Sth, accompanied by his wife, his son, two sisters-in-law and his broth law, were returning from a party at the north end of the town. On Main street he slowed down in front of his restaurant and then went ahead but not very fast. Only his dash lights were burning and they t.o not throw any light ahead. He was absolutely sure there was no light on the north gates and he noticed that one of the south gates over hung the -etAer so as to hide the lights there He stopped on Church street because Jo station house Officer Hellberg said he was not going over fourteen or ,6fteen miles an hour. Personally. Mir. Gagner did not think his speed exceeded ten or twelve miles an hour He said he broke through the north gate because he didn't see it. but once on the track he saw necessity of continuing to get out of the way and avoid being hit by train. Just be- fore hitting the gates Gagner said he was preparing to stop in front of the Stanley building, but the party decid- ed they wanted to stay with him while he took his car to his garage.
 Heard Bell Ring-Didn't Sec It.
 The next witness was Frank Rea- gan, employed at Besse-Lelands store. He saw the auto crash through the gates and before crossing himself he saw there was no light on the north gites and could see none on the south gates. MT Reagan saw MT. Gagner take one of his ladies into Dr. Walsh's office. When Prosecutor Andrews uueried Reagan about the gates the latter said the bell was ringing when he first noticed them.
 Did you see the bell rng?" asked the prosecutor
 No, I heard it," replied the wit ness
 A slster-in-l law of Gagner Mrs