New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-19
TRAIN THAT HIT
PELL CAR LATE,
WITNESS ADMITS
Railroad Men Disagree on
Time Warning Whistle
Was Blown.
CONSTABLE SAYS
CARS WERE LIGHTED
Wife of Switch Operator les-
tifes to Thirty-Mile Speed
at Fatal Crossing.

Contradictory testimony on the part
Of witnesses for the defence, and two
heated tirs between opposing counsel
that amused jury and spectators
marked the fifth day Of the trial in
Long Island City Of the suit brought
by Mrs. 6. Osgood Pell for S2bO,OO9
damages from the Long Island Railroad
Company for the death OF her husband
on August 3, 1913, at Wreck Lead
crossing. when a train collided with
their motor. killing Mr.. Pell, William
II. Laimheer and tho chauffeur and
severely injuring Mrs. Laimbeer.
Both sides sought TO determine at
what distance from the crossing the
warning whistle was sounded, when
were the brakes applied how soon
following this did the collision occur,
and what was the speed Of the train OF
seven cars.
Joseph H. BELLS, the conductor, as
serted that the whistle was blown l,SOO
feet from the crossing, but under
cross-examination admitted that he was
not positive; that this was the usual
distance, but that he had only rough
idea when the warning sounded. He
said that when he alighted he imme-
dately obtained three passengers
names besides that of W. K Wander
bilt, jr He admitted that the train
was three minutes late.
Lawyers in Tilt for Mrs. Pell.
At this point Judge Van Wyck, for
Mrs. Pell, asked Martin W. Llttleton,
counsel for the road, If the company
L. 1yr4 s
ing Communication tickets.
"No, of course not" Mr.. Littleton
replied.
clared Mr. Van Wyck, heatedly.
pm not summing up" returned the
other with vehemence.
well, well, we've had lovely time
for an hour" said Judge Aspinall, as
the jury and others shook with pleas
ure. THE usual time to fight is 3
o'clock"
Van Wyck insisted that it was a Sc
rious matter; that it should be treated
seriously.
yes, yes, Judge; we all know it's
serious" replied the court, good nat
uredly
James T. Tucker, Of Waikiki, a for
mer conductor testified that he was
riding on the head end of the car that
hit the automobile. The three first
cars were lighted he said, and also the
headlight was on.
Arthur Shultz, a trainman, was flus-
tered during his discrimination, al
though his replies were glib enough
when testifying. The point where the
whistle was blown, he asserted, was at
different distances from the crossing
of a mile, 1900 or 2S6 feet; or two
seconds before the brakes were clamped
on. Finally, he recalled that the
whistle sounded two, three, four or FIVE
seconds before the brakes were applied,
and that the train coasted three car
lengths between these incidents.
Constable a Witness.
Edward c. Donlin, the constable Of
Lynbrook, testified that he guarded the
rural safety each Sunday night by
making a special study of what cars
on each train were lighted. He assert
ed that the first three cars were light
ed, the last four being dark.
Jaris Van Buren,, an extra collector
on board, also asserted that the last
four cars were dark After the col
lision, he said. he asked several men
to lend their automobiles to carry Mrs
Laimbeer TO the Nassau Hotel, in Long
Beach. but they refused. Finally Miss
German lent her car for this purpose
The time between which the brakes
were applied and the crash. he said,