The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-03-19
Find Company Negligent
In Mans Death Because
of Broken Gate,
HEAR EYE WITNESSES
Tell of Circumstances When
Kenoshan Was Killed by
Train Monday, March 9.

Joseph Spelinski met his death when
struck by northbound Chicago and
Northwestern railroad passenger train
at the Elizabeth street crossing on
Monday evening, March 8, through the
negligence OF the railroad company IN
not providing proper sidewalk protec-
tion for the public,
That was the verdict>of coroners
Jury called to hear testimony in the
inquest into the death of Spelinski on
Thursday afternoon in the municipal
courtroom. The verdict came some
what as a surprise to the spectators
that crowded. the courtroom to bear
the evidence and the basis for tins
verdict, it is believed, did not appear
until the last witness took the stand
This witness was Miss Alice Lund-
ouist, Vocational school student who
lives at 557 Newell street. Miss Lund-
auist testified that the gate which
ordinarily protected the west side of
the Elizabeth street crossing was gone
1t developed that the gate was broken
in an automobile accident which pre-
coded the fatal accident by two hours,
and that this gate had been fixed at
nine o'clock the same might've hours
after the accident had occurred,
Had Walked On To Tracks.
The inquest took over two hours to
present all of the testimony In the
case and it required twenty minutes
for the jury to reach its verdict. Rail
road men and eye-witnesses joined IN
presenting to the court and jury
complete story of the accident as 1t
occurred. One of the interesting points
that remain a mystery-and may al
WAYS be so-is the identity of the man
who was with Spelinski and who
ESCAPED from the accident and never
returned.
Joseph Spelinski came to his death
through broken neck and fractured
skull, according to the testimony Of
Joseph Cardinal, the undertaken who
handled the remains. Almost every
| bone in the mans body was broken
and his head had been crushed beyond
recognition.
Frank Bruno, who lives at 865 Pearl
street, and who is the fagman for the
railroad at the crossing, gave the
testimony which pointed out that the
gate had been broken earlier that
afternoon and had not yet been fixed
at the time of the accident. He told
through an interpreter of seeing
Spelinsh and his friend walk out to
| the center If the tracks and stand
between the northbound and south
bound tracks waiting for a freight
train to pass. Just as the last caboose
of the freight train was clearing the
crossing the passenger train was bear
ing down shrieking it's warning
whistle. Bruno says he had shouted
to the two men to get back but they
didn't seem to pay any attention to
him, he said.
G. P. Mesenbourg, of Milwaukee,
conductor of the freight train told
the jury how he was watching the two
men from a window of the caboose and
when he saw the danger they were in,
he yelled at them to get back, but this
warning too seemed to be of no avail,
according to Mesenbourg, who de-
clared that Spelinski waved his hand
at him just as the train was bearing
down on the spot, Spelinski probably
never knew what struck him.
The engineer of the northbound
passenger train, William r. Kennedy,
Milwaukee, the fireman of the train,
w. d. Britzer, Milwaukee, and the con-
ductor, Henry M. Finn, also of Mil
waukee, who has been with the COM
pany for forty-fve years-all gave
testimony at the inquest. They show
ed that the two men had walked out
to the center of the crossing waiting
for the freight train to pass and told
how Spelinski was struck a glancing
blow by the pilot beam of the loco
motive and thrown $50 feet north Of
the crossing by the impact. His
friend evidently had stepped forward
behind the caboose just in time TO
escape the onrushing engine.
Miss Alice Lundquist took the stand
at this point to tell what she knew
of the accident She was at the cross
ing waiting for the freight train to
pass when she noticed the two men
come up to the stub of the broken
gate, hesitate, look on either side, and
then walk out into the center Of the
crossing. The passenger train was
not yet in sight, she. said. A woman
and child also stepped out on the
tracks but the girl testified that she
grabbed these two and pulled them
back when she saw the north-bound
train come into sight from the south.