Year: 1863

HEARING IN THE CASE OF JAMES DINGLEY,
CHARGED WITH PUSHING NRwsBoY FROM
THE CARS, THEREBY CAUSING DEATu-He
accused Fully Ereulpated.-Yesterday afternoon
a hearing was had at the Jail in the case of
James Dingley, driver of car No. s, arrested on
the charge Of pushing the newsboy Frank
Davis off the cars, there by causing his death,
on Monday afternoon last, full particulars of
which were given in the Star Of Tuesday last.
Justices Thompson and Johnson heard the
case. Messrs. q. HI. Utermehie and J. H.
bradley, jr, appeared as counsel for the &C.
eused. The case had excited much interest,
and consequently there was large crowd in
attendance, and among them a number OF con-
ductors on the city railroad. Mr.. Gideon,
president OF the road, was also present, and
expressed his determination to have the case
investii ated thoroughly.


Cen Geo: Stonentan u: s. cavalry service) was
first examined, and testified that he was stand
ing st the front ooor of the the time of the
accident, and had hand on either side of the
Goor. The car was full on the inside, and a
number of passen gers were standing upon the
front platform and steps. At the crossing near
Brown 5 Hotel five or six newsboys with papers
on their arms came up to the front part of the
car, and the driver told them to go to the rear,
as the front Of the car was crowded, and there
was 10 room. One of the boys, who appeared
TO lie the larger ono Of the party, crowded
through and passed by witness into the car.
The ear then started slowly on, when news
boy-but whether he was one Of the first party
or not witness could not say-persisted in get
ting on in front. The driver, seeing the boys
determination to get on. turned and said some
: thing in tone of caution. The horses con-
tinued to move, and the driver turned toward
them, and the boy, instead of getting aboard.
disappeared from the step, and witness heard
or felt the wheels of the car go over something,
and on looking back saw the poor, unfortunate
hey writing on the ground. Some Of the pas
senrers got out, and large crowd collected
around the boy at once. At the time of the ac-
cident there was man on the steps between
the boy and the driver. The boy had his right
ann full OF papers, and with the other hand
he endea yered to seize the handle of the body
Of the car Wiine shouldjadge the boys foot
slipped, and that he swung around under the
car Witness did not believe the boy ever ef-
fected a Judgment upon the car. The car was
just tt ginning 10 move as the boy got on, and
the driN er poke 10 the boy in tones Of warning.
Did net nything done by the driver that
could possibly have contributed to the acci-
dent. The driver could not have done any
thing without the knowledge Of witness. He
saw The whole affair, and no living being could


be held esponsible for the accident The dri-


yer " as much con cerned about the boy. IL the


driver had put his hand out and thrust the boy


on witness was in q position and would cer-
.tainly hay seen it. The driver was not in
i reach OF the boy. Witness was positive the
i boy who atte IN pied to get on the car was the
one v no was crushed, bacause he saw him af-
tefwards and recognized him. Witness was
also certain. that IL the driver had pushed the


boy on De Certainly would have noticed it, 9
he was not very friendly to car drivers, ana