The evening world., 1919-03-06
NOT
SKILLED, CHARGE
At B. R. 7. TRIAL
District Attorney Calls Wit
neSSeS to Prove Blewitt Did
Not Use Proper Precaution.

Testimony began to-day in the trial
of Division Superintendent Thomas +.
I'lcwitt Of the u. II. T.. on man
slaughter indictment. in tho Supreme
Court AT Mincola. In the cross-cx-
animation of police witnesses. counsel
for the railroad stressed the import
ancc OF tho finding Of cold chlsel in
tho Malhobnc Street tunnel on the
night or the wreck. which curt ninety
llvcT.
Police Captains Edward Gallagher.
James II. Gillen and Thomas Donahue
OF Brooklyn had been examined when
Inspector Samuel a. McElroy OF Man
haitian testified that he was at the
scene OF the wreck within an hour.
Turned over to the defense, In
spector McElroy was asked by Judge
Oclaad OF counsel for Blewitt,
whether he had seen anybody pick
up anything"
"Ycs," Inspector McElroy tcs fed.
in substance; there was man there
whom | did not know who picked up
a cold chiscl, about onc-third the
lcugth OF "A crowbar. Tho man
handed it to me and | gave it back
to him"
In his opening address to the jury
to-day the District Attorney attempt
ed to explain what he represented as
the financial and corporate RELATIONSHIP D
OF the B. II. T., the Consolidated and
the New York Municipal roads when
District Attorney attempted to ex-
plain what he represented as the
financial and corporate relationship OF
the b. Il. T., the Consolidated and the
New York Municipal roads when
Judge ICELAND of counsel for BlewiIt
objected that this tended to confuse
the issue and could have no bearing
on the charge against the defendant.
Justice Soeger explained TO the
jurors the purpose of an opening adj
dress and told them they were to form
their judgment on evidence alone.
"Nincty-ninc per cent. OF our test'-
mony," the District Attorney said,
"wlll come from employees of the rail-
road"
Thomas +. Blewitt had charge OF
the Southern Division" said the Dis
trict Attorney. For two months a
strike had been brewing. The rail-
road, as 1t had "A right to do, finally
discharged between thirty and forty
men. II appealed to the War Labor
Board. That body recommended that
twenty mine men be taken back. This
the corporation refused to do and It
had right to so refuse.
when the recommendation OF the
War Labor Board was rejected by
the road the Brotherhood OF En-
gineers called n strike. TO become ef-
fcctive on the morning OF Nov. l."
Mr.. Lewis explained how candl-
dates arc instructed in the mcchan-
ical operation of trains for sixty
hours, or six days. Instructors. Mr..
Lewis said ask tho candidate the ninety
questions on a printed blank, and II
the instructor Is finally satisfied that
the candidate is competent he makes
n certified report
These certificates, the District At
torney said. went to the Superintend-
ent OF the Division, whose custom and
duty II was TO then question tho
student motorman. On the Southern
Division, Mr.. Lewis said, no man was
qualified in less than twelve days
Counsel for the defense. questioning
the talCsnen yesterday, strongly inti-
mated that in the case OF Edward
Luciano, or Tony Lewis. motormun
of the wrecked train, somebody neg
lccted to iill out the certificate Mr..
Lewis outlined.
Luciano" 'Nri the District Attor-
ncy. "was not Lifted as motorman.
lie was not motorman. He had re-
ceived two and onc-half hours in
gtruction under Joseph Mccain, an
assistant Instructor. Mccain will
testify here that he never examined
| Inc 'ano, never certified him. and did
not kruw whether he was fit"
Mr Lewis described the accident.
| Instead of going at six miles an hour
he said, the train was travelling al
the rate Of forty miles an hour on q
down grade.
"If Rlewitt had moved five feet and
examined the records" Lewis dc
clarcd, "he would have known that
Luciano was not certified as n motor