The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-11-15
JURY HOLDS GATE
MEN NEGLIGENT
Railroad Said to be Equally
Responsible for Death
Crash Saturday.
ANOTHER CLOSE CALL
l.. L. Armatraut, Who Testified
at Inquest, Tells of Making
Emergency Stop.


crashed into a Northwestern passenger
locomotive at the Elizabeth street
crossing shortly before noon last Sat-
urday, was laid equally upon the two
gatemen and the railroad by coro-
ner's jury in municipal court yester-
day. The verdict read:
eve, the jury find that the deceased
came to his death from fractures Of
the neck and other injuries when an
auto truck which he was driving ran
into an engine of the Chicago, North
western passenger train at the Eliza
beth street crossing in the city and
county of Kenosha. This jury finds
that the gatemen, Garrett Birmingham
and Fred Ambrose are equally respon-
sible with the Chicago, Northwestern
Railroad company for the death of
Udstuen."
A dramatic picture of Udstuen's last
moments, after he saw the train and
realized that crash was practically
inevitable, was sketched by E. B. Sid
ney, street car flagman. Sidney said
that when he first saw the train it
was very close, possibly 100 feet from
the crossing. simultaneously he caught
a glimpse Of the truck, and, paralyzed
with horror, he watched the crash.
Tries to Stop.
Udstuen, he testified, slammed on
his brakes, and as the machine passed
him, Sidney saw terror written on the
mans face. He was hunched over his
wheel when he struck the locomotive
Just back of the rear drivers. He said
that the train seemed to be running
very fast.
L. L. Armautrout of $50 Demming
street, testified that had it not been
for his habit of carefully watching rail
crossings, he too, would probably have
met similar fate. He said that as
he approached the crossing he looked
both ways and saw the train just in
time to make an emergency stop. He
stated that by applying both the service
and the emergency, he skidded his
rear wheels about six feet and stopped
just even with the gate.
He was approaching from the other
direction from Udstuen, and saw the
truck slam into the train, looking be-
meath the cars. He thought the truck
struck about the second coach. He
said that approaching from the east
as he was, he had a better chance to
get a view of the track, and could have
seen the train few second before the
man who was coming from the other
direction.
Questioned About Gates.
When questioned about the position
of the gates, Armautrout first stated
that they did not lower at all. Later
he admitted that they might have come
down a few feet without his having
seen them, due to the fact that he was
right under them, and that his atten-
tion was riveted on the accident which
was about to happen. He said that
he saw no one attempt to warn I'd
stuen of the on-rushing train.
He testified that he heard the gong
strike once or twice before the train
crossed the street, but with the excep-
tion of this warning, which came too
late to be of any use to travellers,
there was no notice given of the APP
preach of the train.
He told of the train running by and
of seeing the wreck of the truck which
had been hurled about Is feet down the
track. He said that he saw Udstuen
lying between the rails little further
down.
Engineer Takes Stand.
G. D. Watson, engineer of the pas
Benger train said that he caught a
glimpse of the truck before it smash
ed into his locomotive almost beneath
his cab. While others had estimated
the speed of the train between 35 and
40 miles an hour, the engineer said
that he was slowing for the station
and at the time he crossed Elizabeth
street was running between 20 and 25
miles an hour.
He testified that he had been run
ming very fast just out of the city
limits but that when he struck town
he slowed down and was getting his
train under control to make the sta
ton stop, few blocks up the tracks.
Watson stated that as he approach
cS the crossing he noticed that the
tranic at the crossing did not let up
as usual. He said that he saw ma
chimes and pedestrians continue to
cross, and that it startled him. Re-
alizing that something was amiss, he
said that he sounded the crossing
whistle about two car lengths from
the crossing. The automatic bell, he
said had been ringing all the time.
Hooked" Truck.
The truck struck his locomotive just
back of his rear drivers he said, and
in such fashion that the engine tend
ed to hook the front end of the ma
chine and drag it for ways. He
stated that he did not apply the
emergency air because the damage had
already been done, and he didn't want
to stand the train on ''it's ear" and
injure everyone aboard. He ran about
seven car lengths, he testified.
Frank Ambrose, the regular gateman
was the first witness called. Ambrose
said that he left the shanty to go over
to Bella Rebar's soft drink parlor to
get a bottle of water, and that al
though he knew the train was a little
late, and due any moment, he left just
the same. He announced that he had
the permission of the company to
leave any competent railroad man in
charge of the crossing, and that when
Birmingham. night man liz t,e Prairie