The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-05-18
DEFENSE BEGINS
IN ACCIDENT CASE
Engineer and Fireman Testify at New
fame that Warning Whistle Was
Blown and Bell Was Rung.

The defense began late yesterday
afternoon the Introduction of tdsti-
mony in the suit of Marion Howe of
BrookIlne against the Central Vermont
railroad Co, to recover for injuries
received by the plaintiff. a child three
and one-half years of age, when the
automobile in which she and others
Of the family were riding were struck
on crossing by a train Sept. 10,
1915. 1t was expected this afternoon
that practically all of the evidence
would be i'll before court closes for
the day.
Glenn Howe, whose father, Herbert
I'll. Howe, owned and was driving the
automobile, testified yesterday after
noon that he was riding on the front
seat and that the machine was almost
ON the track before anv of tle party
saw or heard the train and that then
everything possible was done to get
across before the engine could strike
them. He swore that although thev
listened they heard no whistle or bell.
His testimony was corroborative of that
OF his father and brother, Harry
Howe, who testified earlier.
Mrs. Nora Howe, wife of Herbert
H., testified that she was seated on
the right side of the tonneau and hold
ing her grandchild in her Ian when
she saw tIe engine at about the time
of the collision. She remembered moth
ing more until she recovered her sen
ses partially in the train which was on
its way to Brattleboro.
Mrs. Harry Howe, mother of the
child, covered much of the same ground
IN her evidence that had been gone
over by otner members of the partv.
She described how far the child and
Mrs Nora Howe had been thrown and
the appearance of her child, with her
teeth hanging from her mouth when
picked up.
Johnl Muzzy of Jamaica, who wa,
helping drive a small herd of cattle
nearby, testified that he heard a whis
tie blown some distance north of the
crossing, but heard no bell rung.
Fred Rawson of Jamaica, VINO was
with Mr.. Muzzy, gave similar testi
mony. With his testimony the plaintiff
rested
Train Dispatcher Sauve of New Lon.
don, Conn, testified for the defense
that he was in charge of the operation
OF al trains on the Central Vermont
that day and that the train which was
! concerned in the accident came under
his jurisdiction. He testified that 1,
left the terminal at South Londonderry
on time and was on time UP to the
time of the accident
! This morning John Hopper, the fire
man Of the engine, testified that he was
/ in his usual position on the left side
Of the cab where he could see ahead
He swore that the engineer blew Tho
whistle at the whistle post that morn
/ ing and that he began to ring the bel
and was ringing it when he saw tie al
tomobi!c approaching the track. whcr
the engine was about 195 feet distant
He called to the engineer, vino imme
/ diately applied the emergency brake
and sanded the tracks and did every
thing possible to avoid al accident.
! The engineer, John Kienseldcr. testi
| fed to blowing the whistle and to be
4 ing notified by Fireman Hopper of the
approaching automobile and described
what he did in the effort to prevent
the accident He was the last witnes:
of the morning session today