xt70zp3vt865_305 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Stephens, B.F. v. Chesapeake and Ohio Railway Company text Stephens, B.F. v. Chesapeake and Ohio Railway Company 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_27/Folder_15/8681.pdf 1915 1915 1915 section false xt70zp3vt865_305 xt70zp3vt865  /' .
FLOWS GIEC‘UIT COURT.
3. g. £3t33he31m, Adm'r. Plaintiff, .
Va: : : : ::: : : : :z : "BILL 69? EXCEEETIOHS.
C. 5;. O. Railxmy Corapmay, flefendant.
13; IT Rmflsgazamw, that 11me the calling of
this case, the trial at the February Term 1915. Floyd
Circuit Court, came the plaintiff by counsel and announced
ready for trial and thereupon came the defendant by own“),
and anncunced ready for trial. Thereupon came the following -
jury: lawrence Roberts. G. ‘53. Adams, G. W. Frazier. Dick
Burchett. Ben Candin. Bud Elliott. 3012:: A. Bowen. G. W.
Hoods. John Mosley, Harry Iioore Anderson Spradlin, and ‘
Joel Crisp. 1“7110 were duly empaneled and. worn and after
hearing; statement of thecase by counsel for plaintiff and
defaeant and thereupm the following testimony was interduced!
”..‘--...

 / ' \
FLOYD CIRCUIT COURT.
B. If. smmfiis, 11mm. PMXEiTIEF,
VS::::: BILL 633‘ EXCLZPTSOEW. .
CEEMPEEKE 8: ems 12311.3?fo Gama-"32, Dwféizmsifl.
BY A. J. WKY, fixTTQRREY FOR PLAINTIFF.
5;“-.. Year name B. F. Stephens?
A”. Yes, sir.
$.3-- How old are you Stair. Stephens?
A0!- 25 years Old.
‘ (~‘;-- Did yeu know James Stephens?
A-- Yes, air.
2;» Tam-3.1. relatian were you to him? .
A" He was my father.
q-.. How old was your father?
- A..-- Fifty years old. .
4,—- Is your father living or dead?
5;" When did he die?

 /’ '
.3’/l I
;//f;-— 0n the night of the 25th of November 1913.
gu~ After his death plc~sc state to the Jury whether
or not you were appointed as his administrator?
Am- Yes, sir, I was. I
.-— Did you institute this suit as the Administrator of
. your fathers estate?
A-» Yes, sir. ‘
3.. I hand you what perpcrta to be ac attested ccpy of the
ardar ap ointing you as sudh administrator of your falher
and will ask you ta examine it and read it to the Jury and
state What it“.
fly» (Defendant objects and excepts)
A-- It is an cppelntment of my Administratornhip at my
father.(W1tneas reads) ”ORDERS, FLOYD COUNTY COURT” Special
December Term, 15" day, December 1915. At a Special Term
of the Floyd County Ccurt. commenced and held for said
county at the county court clerk‘a office in the city at
Freatonsburg. Ky., en the 15” day of December. 1913. present
Hon. Malone Hall. P. J. F. c. 0. Ordered that B. F. Stephen:
be and he is hereby appointed Administrator of the estate of
lanes Stephens. dec‘d. and executed bond in the penal sum of
$500.00. with J. P. Harris, h., hie surety. and cook the
oath required by law, all of which in approved by the court.
(Signed) Halone Hall. P. J. F. 0.0. signed 3. R. Harrie
county court clerk, by J. P. Harria. :2.. D. c.

 /
(3)
Q.. Did you execute bend?
‘ Au. Yes, sir.

Q—e I hand you certified copy of the bend and will as: '
you to examine it and state whether or not it is the bond
and read it to the Jury. '
Ae— Yes, sir. (Witness reads bond) GGMMQHWEALTH OF KBITUGKE, ,
WHEREAS. B. F. Stephens has been appointed by the Floyd ,
county Court Administrator of James D. Stephens deceased.
intestate, flew, we B. E. Stephens Administrator and J. P.
Harris. 3:.. surety do hereby covenant to and with the
commonwealth at Kentucky in the sum of Five Hundred Dollars
that the said B. E. Stephens will. well and truly administer
the goods, shattels, eredite, and effects of the said intes—
tate according to law. and will further make a a true encount
of all his actinge and doings heroin: and will tell and truly
make a tropes distribution of any surplus money, effects
and rents which may some to his hands or to any one for him
by color of his affine to the persona entitled thereto. 1:
it Shell hereafter appear that a last will and Testament
was made by the assessed and the name be paved and recorded
we further covenant that said 3. 3 fetephene will. in such

I sane. surrender his letters of administration. and that he
will account with and pay and deliver ever to the executor
or Administrator with annexed. the assets in his hands unad-
niniltered. This 1§P”day of Deeembe: 1913..
ApprGVed. J. H. Harrie, B. ?. Stephens
Atteut: .'r. Kerrie. Clerk at v. P. Harrie, 5r.
Floyd Gaunt: fieurt. I

 //
(4)

Q—~ Mr. Stephens gt the time of your father: déflfih did
he reside in Floyd County?

' Am- Yasmin
Q-- Where ‘9 you live Hr. Stephana?
An- weat Prestansburg.
Q-- Where did you live whan your father diad?
‘Auu Up on Middle Creek about ane mile tram here. I
Q~~ Where did your father live at the time he was killed?
A-- What 18 knewn a3 Allen City. Floyd Gaunty, Kentucky.
Q-~ Where is Allen city?
A-- Ahnut ten mils: up here on the C. & 0. Railroad.

' Q»- Are you well aaquainted wifih Allan City? I
A.» Yes. sir.
Q.— when difi you first inarn of your fathers death?
,A-« I wma called by telephene abaut seven o'cluck an the
aame evening.
Km- Did yau 5:9 to the act-ma?
Au» Yes. sir.
Q-u Whan did you ga? V
A.» As soon as the train rank
Q¢~ Thc evening passenger train?
_ Aa- Yea. air.
Q“- Did you see tho body af the deceancd?
v Au. Yes. sir, I did.
Q.- Where was the bedy when yen firtt eat there?
Ao- At firs. B. I. Salisburyl.
Q~~ What: in that?
, A.- In Allen Gity.

 (5)
Q—— Did yam examine it?
A-« No. sir. did not.
Q—o Did you examine the premises where you father was killed.
A-— Yes, air.
Q—- I was out there that night and next marning after
dayolight.
Q—n 0n flhe next warning did you find any evidence of Where
yaur father was killed out there?
A-- Yeg, sir, I made some examination of the place and
' of same cars.
gu What do you mean "by cars?
A-- Goal cars.
a—— Emyties? ‘
. Au- Yes. air.
qn— Haw many did you examine?
A-u Four i believe.
Q-« Did you make a memorandom of the cars and the numbers?
A»- Yea, 313‘.
Q-- Please give the numbers of the airs?
A-- C. &. 0. cars, 31264, 21690. 55030, 33388.
Q-- What did you find on those cars?
' A.» I found blood on the Wheele and on cue of them I found
pieces of flesh and clathes an fihe track.
g.— Which one did you find that on?
A-- On the first car. They have what is called a double H I
track, I found on that car a small lot of bhbod and on the
same truck of the same car I found a great lot or blood and
\> W xlcdh and all a§ong_§n the rest thttty feet along. ;

 //V ,
(6)
g.. Dié you find bleed on all four of them?
. ‘ Am- Yes, sir.
g.. Did yam examine these cars that were yet on the siding?
A~~ Yes, sir, thay were satfiing there on the §assenger
tract.
:1;;~- Hm! 2mm! mars wine them in all?
A-u Idia not take tha number of them all.
Q-o What were tha different kind of aars on fihat aiding?

4 . A0& I believe there was acme box eara beaiées the coal
eara. There was two different kind 9f coal aara. I believe
there W's three flat bottum cara and haper bottum.

V Qw» which one af‘the cars hfld tha mast blood on it?
a»- Flat bottam.
g-u Describe that kind of a car?
An. Well, that 1% just a flat bottam car.
an- Had you seen yaur father frequently before hia death.
A-« Yes, sir.
' 22;-— szmat was his conditim 91’ health?
A¢- Perfect.
@-- How long befora his death had you seen him?

, A-- I believe it was abaut three or four day: he was dawn
home.
g~~ fir. Stephens, while yau were tharc any of the affects
or personal goods belonging to your father turned over to you
by any cue?

, A—- Yes, sir. I

' Q—- Who gave them to you? '

 ,/ ‘
_ <71}
4"..-» 25?. ;i‘. .':ETsen‘tl 3y, ”!fi'éi‘: earner.
:3;—.- 3;:t 651:3, yau ;js-“gt :f’rm’a‘; Eu"
V :3.... <~;:,--.teh 5.216;”: game gummy "urcxsii flifi’t’niézflt litéflx; flr‘Eiflfltfi.
',,-- Z‘imi 123223031 mama-y 53.11:. gm; :3» 1:?
.", // _..... :2: },}§31§.f§'§]'fi 35m hm}, {3331? .0122, :;‘5d 2:23.:th few 05mm.
}‘/ 3,..- :.Im; 323:; n. watch?
.:.-— ”fess, mix. .
A)..- Hive you. the ‘:FFEi‘ECh U513}; 316m? .
:1....— Efim, air. ‘
- Raye yum. has} it amtinuawyly Weminca it. vans tamed over
to you?
fizw— 15%, gain?-
3..».- .3302“ ‘s‘fx‘. zitegxfrrzmm, I believe ycau tolrfi the jury amt you
aim *zmllzmrgufaintfié W3. 1‘37: fiat? 231 turfiifim around, Mmut the
mafia m‘.‘ Basamr Streak?-
,_«._.,_. 'isj'e'lt, air.
3... FEW-m”; ymg, war has), 931.3! axpagzrmmw in milrozmimz?
(‘2.-- yam Mir, fifihfiut fear yestrfi. «
’_.-:.- 372—2. “:;fimi'. rat‘xpacity? \
‘.-.- 3‘3rmflm. ‘
3:.... {m 2225x311; kind 9f train?
:3.... fiatxtly on £':-Mpg”. and massaenger trains. 3
. 2.3-» You ware braalwm an passenger train am well am} freight.
trains? I Z
{Kn-o Yea, 313'. ->
g-.. Age 37qu familiar with the rules of the Gadgetry? ‘ 3
Bu..— Yesa, air. I 121323 at. that time. V
3.5:-.. were ymz fmnflirir with them about fallim City?
A..- Yes, sir, I used $0 yams mere daily. I, I

 /
(8)
Q». Are yuu well acquainted with the location of all the
tracks?
A». Yes, sir.
Q—w fiesaribe the number in Allen City and the names?
fiou They have get a track on each side of the deyot
they call one the paaaenger tract and one the house traat.
t-u Where is the paasenger tract in regard to the main
line?
,3”- Elmr‘bh aide.
Q~¢ Where is the heuae track?
Ao- 0n the au% side at the main line.
Q-o On fihe fleet side of the depet?
A.- Yea, air.
Qua what kind of depat is lecated in Allen City with '
regard use? .
A-¢ It has been largely used.
’ q.- At the time of your fakhers death was it?
3.. Yes. sir, more than any other time/ V
Q~~ 13 most important station on Big Sandy Line?
Ana Yes. sir. '
ga. no you know when the Elkhorn and Beaver Valley diviaiun
of the G. &. 0. line cammenced?
§-. Yes, sir. fihey were gust putting that in when I went
over the road.
Qp- How far does it run up Beaver?
A»- It runs up the right hand fork.
Q-- Bees 1t form a Junction with the main line?
A». Yee, sit.

 (9)
' Q~~ On which side of the creek in regard t0 tfie depot?
r1.-. West side, mama down the fixer fielow the creek.
Q-n Is there any siding or statian ereated at that junction?
.. ‘ A. E’s-:"o, air. V
Qu» During your four years service on the yailraad were
you frequently in and around Allen city an the line of
the defendmt, Company?
Au- Yes. sir.
Q«n As br&akman?
Am- Yea, air.
g-- Haw often were you about alien City?
g/ wall, we were there every day excagt Sunday.
Qua During that fear yearn tell the jury whether or not
you would frequantly see paaple traveling that way?
{Defendant ohjecta t9 tha questian
and axcqg¢§r§g1§g§ answer)
A.. Yew. air. '
Qr' How often wauld you gee paople creasing that bridge
there dhfitl ywur father was kallad?
Au~ Meat every time I wan there.
Qaa If you know please state ihether it vat greatly used
by the graveling people going to Allan 91:1 and fram Allen
city imam Dwain?
(Defendant dbjocts to the nestian
and uxacyt! ta the anawur?
abjaetion ererrullea and the witness answered;
A-o Yes. sir. ,
Qpa no thay use it frcquently?
Aa. ihpy use it whon flhéy please.

 (10)
Q-« Hr. Stephanfi. an you know Whether 6r mat year father
. wan phyaiatally able at capably of earning money? .
Afi- Ysg. sir.
Q-— was his businesa ability gcod?
£- Yaa, sir, he Wag a man that made plenty of money and
pienty or maney all the time.
Qw- What about his industry?
A~- as was very industnxifid.
Q-- Are yam acquainted wi$h Beaver SrGGk Very wall?
.5;-a Yes , 811’.
Q~a Whare rule you raised? ' '
.A—» an 19ft fork of Beaver.
Q~« How long a straam would you say Beaver creek was?
A-~ Inst make a guesa. I would say 40 miles.
q.» no you knaw whether or not thare is a boom up there
at tha mauth of Beaver? <
A»- Yes. air. ,
Q~~ $011 the Jury whether or not at the time your father
was killnd there wag a high-way bridge cempleatefi at the
mnuth af fleaVGr crock fihe publie was using?
Aon I don't knaw. but 1 dan't finink it was completed.
gun was there a ford or crossing at Beaver Creek abate
thia bridge a short digtanoc? \
A»- There was an aid ford inure, but I dont think 1% was
being need at that time.
Q-~ Ba you know Why it was not being used at fihat ting?
A-- I believe it was full of legs.

 * (13»)

3:1..- 1 3313.3. 33$}: yam to 13623.3. tie jury ztfimthzar or 2301'. the

railrazzd had £11163: it 313,}?
(Ekfifafifismt nhjects to £33.33 rgmvation
311:1 aame ”2333123333; sustaincazi the witness;
did 330?. :mswer}

‘ 7.1.... 3:33.33. :,;—3.33 333:..i1ro'332‘3. put :3 fill mm: the 3.333321?

,,";.-- Yesp, air.

.:.-- 32:33 it every bten med wince that time?

£3-33 3’30, 3313:, 33331:. that I 3mm: of.

"‘.;..- 5313 you 3513933: 31333213323311 33:: 32:31; 11323333; was 1mm. it: higPL-«me

wrong 3333:3136?

..‘-Mu- ‘fcazsa, 3311'.

3.7-» Tssfr. :‘riwnhena has: there war ta year knowledge been

:3 ferry ::.ermm mat craek?

:1.-"- Ne, 531:".

:3.— 43mm mm were in the» wwice of the Company did

yam :1;-3:33:63 youmklf familiar 3:35. 11231 the rules of the Gmnmy?

3’:-.~- ‘Iers, sir, 1. think 3 3mm: than: 93.3..

33," 1221331: are {3339 33331313333 01‘ the 33333323323163 of the: train

crew of :3, train when backing in town or acres: :3 high-33:33.13?
(33333333353333: objects t5 the {3333;323:1032
Same being; over ruled and the defendzmt

excepts)

3‘:-»- I think their crew is mmposefi to keep a. 1003:: out

for people. r3335. the brealzmn shoulé keep :3 10ch ant at

52.11 Mum wirmther backing; 3:9 Ir going ahead.

g,» 3903' 3.333.331: pumeae?

3’:-- I don‘t 15:33:23: 2333231333231: the 1333 requires them; $33 do 12133.1;

a:- whether they do it for the safety 01' 1:39 maple.

 (12) '
Q—- Are they required after night to have any light?
Ao- Yes, sir.
Q—- Where?
A-- Well, on both ends of their trains.
@-~ Do you know their duty and their custom in aproaohins
high-way crossings, do they give any signal?
A-» Yes, air. the rule in tar the engines: to ring the
bell and blow the road whistle or the road creasing whistle.
(Defendant objects to the question
and the answer) ‘
Qu- What kind of a whistle?
Ac- Two long and two shorts.
a.. no you know whether there is a public high—way crossing
in Allen City?
A» Yes, sir.
CROSS EflfifiIK-EATION BY ‘»EJALTHI S. Hz‘xRKIE'ifi
ATTOREEWS FOB BEFEEDMET.
Q°o You were not present at the time of flats accident?
Au- no, air.
Q-- Know tothing about it except What you have heard?
A-- I cauld not say that, except what saw.
Q-- You say you made examination the next morning?
A-- Yes, sir.
Q-- What time was it?
A.- About seven o'clock I guess.
q-. who else was present at the time you mention about
making this examination?
A-- A number of pearls standing around.

 (13)
, Q—- Wk» was same 9f them?
Au. I don't know that, maybe fir. Ghaek.
Q~~ What cars didyou t&ke numbers of?
A-— Of four qars.
%«u wherqézzzg standing ?
A-n 0n the Passenger tract.
g-u Joined to the engine?
A-u fio,$ir.
Q,» How many.other cars were there Kr. Stephens?
A~« Hot over fifteen or twenty.
Q.» Were they all couplad together?
Ac» I cauld not gay fihat.
%-~ fill the ca£s you examined were thay all coupled
' tegether‘? .
A-o I don't know. they were all there tagether.
Q.» You don’t know whether they were all couplad togethqr
or not £11621?
A”. 30, sir, I did not make any examination of that.
Q.. Hr. Stephens. tell the jury how far it is tram the E.
aids of the bridge t0 the swithh rad?
A~~ I believe I tank a meaaurement of that. it is close
to 100 feefi.
Qu~ What do you mean by switch stand?
a-. It is where you thruw the tradki
qp: Have you the exact distance there?
A.- I think it it 193.8 taut.
Ap- From where?
A“ From: the mitehstand to the and of the bridge.
‘3'“ 1a the East em: at tho budge?
Am- Yifl. m.

 (14)
Q-. In awiahhing fihere was it necesnary for either of
“the centimeter or brealmrm to be bake there at the
V witch and. even then when the switch is changed?

Aw— Yes, air, they throw the switch. \
Q-— How far back &0 they manly rand behind,flhe switch point
after the switch is thrown?

A—— Usuly a short distanc e.

Q~- How far over the switch point do flhey usuly pull?

A—— Just Whereaver you can stay them.

Be Direct Examination by fl. 3. May
Attorney for $1a1nt1ff.

2.. Was that distance that you gave from actual measuremont
made by you on the ground?

Aa- Yes, 311'.

Q-~ flow, at that public crossing and between the Bitten
stand and the and of the bridge do they have the usual
switch rail?

A-- Yes, sir.

Re Gross Examination by J. 3. Harkina
Attorney for Defendant.

Qr- How tar is main street of Allen City you have mentioned
away from the railroad track?
A-. I suppose the railroad owns the right of way down to
the street.

Q—- what is the distance from the railroad line back to

the street Hr. May has been asking you about tram the track
line? ‘

 (15)
‘2 Au» The street runs right down opposite the track, I don't
V ~. know how fer it is. I suppose it passes right along beside
the wok. .
Iii-v Is the street some distance away from the outside line?
Abe he, sir, I could not say that. It could not be
any distance away.
Q.- What plane does it connect?
A~~~ sell. it joins at all points.
A~~ 'Do you mean to tell the Jury that it connects at all
paints? I ‘
Am I told you that the street run right along down by
the side of‘flle track.
Q,” How far is the out track from the main line?
3. Part of it is opposite the depot and part or it
connects with the main line.
Q»- :it the depot?
3m— 1 grand guess-1t is about fifty feet.
I ’ , y 3 ' “nae Direct Examination.
qn X will ”km whether or net main street of Allen
any Maternal sun that railroad trait from one end
to the safari} .
A» ”its, sin that iax'fihe way I understand it. I
q... ”as «it-m sitar sown to the break of Beaver Greek
A~§- Yes. sir. V \ _ .
Qm‘ 5‘?an did you "an”. mt: if you remember?
Am.- I bcldIeVe I an a learn of a beams about the 20th

 £16!
1-- Rave ymu done any 502% far the Company uinca thag
time?
a»« $0, sir.
g”- Fare you uyon Beaver at anytime during the scabfirmction
3f flag railroad in 1913?
a-u Yafi, air.
5.» Affier the work train began t6 run?
‘ A-» Yes, sir. _
who Tell the jury whather at net it was the cuafiam of
fiha peepla ts travel on that raierEG train?‘
(Laieudaui objeuba qu excopfin}

_ Sverruled.
rA-m Cell, I will anewer 5h thifi may they. They flidrtrmvel
on :1 t . '

- flu» 16 it a fact th6t 03 flivers uccasisns a large number
cf peeple woulfi travel to work up Beaver on the vork
firming and travel on to Uayland?

(3362?? enthan'fi; Obj (a u ”L 3: 'ix} fin e 13:23 st 2%. on
same being sustained by the Quart
the wiines: did mot ungwer}

;«~ 12:. %fiaphens. &e yen knaw whether or mat about the
time yam: father wag killed the Railway Company 03erwted
its trains up and flnwn fine beaver flivifiian %hat is the
mark trains and the people would get on the trains and
remain on them?
(Defendant objectsg game being
dberrU1eé and the witnefine§answeral
&-~ Yas. sir.
i”- $0 you know whether the train would Stay when arrived
afi the muuth mf Bemv&r or at %he cain line?

 - (17(
Q-a For what purpose if you know?
Au» They were Gaming cut on the main line and they
were aupoaed to ksep a lookaout £or other traina.
A gnu How do flhqy d6 that?
A-a Thay come dawn there and stand and aend eat flagman
bsfih ways East and Weat.
Q~~ Have yen aeen them do fihat?
A‘. Yes, éir,
Q~~ where did the flagman gaing fieat?
A—~ Up the C. &. G. fiailway.
Q~~ Ba you know whether a: not there 13 a paas way teading
to the West and at thii railroad bridge?
An. Yes. sir,fihere 13.
Q,— Have you mean the passengers 0f that Baavér Creek rand
get of! and urban fihafi bridge?
A». Yes, sir.
Q.u How many?
nsgendafim objects and suctained.
Q*w Did you e15! 339 than £0 it before your father was
1:111“?
A». Yes, 31%; I hava traveled it myself.
in: nexfi witness. flhomas 3. Bahtley, being ,
tivst duly sworn kdstifgea as follows:
BY +1.3. my, arfimm m ymmwmr.
Q—ml Er. Bentley. upera do you live?
A"; New tha mm: at 1“va arm.

 (18)
uu- How long have you liveé st the mouth of Beaver or near
‘ that place?
A—u I lived there in the then shunt nine or ten years
but I recently moved on to where I new live.
g—— You say you liVed at the mouth of Beaver ureek that
long? 7
. A.« Yes. sir.
£~¢ Bid you move there shortly after the construction or
the Big Sandy railroad? ‘
A.- Yes, air.
a»- State whether or not the town as grown rapidly
from that time on to the present?
A-.. Yes, sir.
go» Bo you know where the station on the main zine is
tast is called Lwele?
A-. Yes. sir. 1
en- 13 there a little vilege down there? _
A-~ Yes, sir. ‘
2,». 2:.-hat is the m. of it?
A~a Dwalo.
Q.. How far is thet tram the mouth of Beaver?
Au. About one mile.
Qe~ Above or below?
Ana Below. down the river.
fie“ Are you well acquainted with Beaver Vallay Hr. Huntley?
A-o Yes, sir. rained there.
g—- How 016 are you?
. 5...- Up in any mm on.

 (19)
qu How far is it fram the ugper and ef the fieaver creek,
Railroad down t9 the meuth of BeaVer?
Awa The sign past Shows it 21 milea and mayte one half. -
gr- During the time you have lived there at the mauth of
Beaver fer the last 10 yeare before the death of this man
Stepehne if yen were acquainted with the cheraefier of travel
ewer this railroad bridge crossing Beaver Creek into Allen
I any text the jury?
Anu- Yeas, sir.
Q~« Give your beet judgment if you can as to the number
at people making tripe afar flhat bridge an an average per
day?
A.. I guess about the time of the building of this road
there would be something like 400.
Q—- was he killed during the building of the road? ‘
A.» yes, air, during the conetruotion 0f the beaver Valley ~
read. .
Qp- Yen mean by speaking cf building the read the main line?
I Awe Yes. air, and the other tea. -
Q~~ Has the travel inereaeed acfoea that bridge in the last
few years up to his deefih?
A—— Yes, air, I think 30.
fi—- Are you well acquainted with the meuth 9f Beaver Creek
in smd around there and the location of the railroad tracks
of the Railroad Company?
Au. fiery well. yea. sir.
Q.— Do you See them almost daily?
A-» Yes, sir. w

 {20} _
Q~~ Haw leng hava yea been acquainted with the location
of the ground there at the mauth of Beaver Creek?
he- All of my life.
Q-- HGW'die you get that acquaintance?
A»- By passing up and dawn there and living there.
gm» Bid you ever work any eraund there?
A-e Yea, air) a little bit.
gee Tell the Jury what you workee at?
A-e flery near eVeryehing.
Q~~ Has there been a boom there sveryeince you can
remember?
A—a Yes, sir.
Q*~' What kind of a boom?
A... It has been a beam 9f two legs. like your finger
Gaming this way.
Q~- For aha purpese of catching timber?
1-. Yes, sir.
Q~~ During the time of running timber tell the 3ury whether
or not the channel was filled?
A-u Yes, sir.
Qu— State to the Jury if you know whether or not the pub11c
higheway bridge was aampleted acress Beaver at the time fir.
James Etepeheu was killed? '
A-- I could net db that. I
em- Did you put in the $111 after he was killed?
Au- I put than in, but I eould not say that it was hetero
am after.
Q-e It had not been usee hernia that?

 (21)
Aa— Yes, air, a little.
§-~ Very little was it?
i ‘ AM- set very much‘
Q-- Is there a crossing up there just above this rail
read bridge?
A"- ”:i’es, sir, filters used '91.“) be.
{:3,» when?
A»- Back before the road was built.
Que What kind of a crossing?
A-u n fera-
' Qou Yen mean befere they built the raiersi up Beaver Sreek.
A-— Yes, sir.
fi—o was it a high~wsy?cressfing?
A.- Yes. sir. , ‘
g—u Why is'nt it there new?
A-- On une side the boom has cut it eff and en the other
the railroad has filled it up.
5-” Bid it cut eff en the Alien City Tidfi of Beaver creek
befere the railroad was built?
A.» Before I think. _
a,» How high is that railtcad fill?
Au~ I den't knew.
q.» at the time fir. Stephens was killed was there any
crossing there?
A-- Ros, sir.
Q0. Did you see the body of the deceased after he was
killed?
A—- Yes. sir. .

 (22)
' Q,» Where did. you nee it?
Am- On the end of the mil-mad bridge en the East end.
' 11.-— What part of the and of? the bridge?

Q—u Fart e on the. bridge and part was on the fill.

{:7;-m who ‘17:". ":zri tic ycu when 3:312 four: ii the body?

A--- I (116. nut find it.

Q,"- i-‘Leu you first went to it?

A“ I could net tell you vine all. ?"'2'. ghee]; and Henry Fetter.
wig—- 30 you knew who did find the bedy‘?

Am- I E11015: whc said found it.

'5;..- 173.5 it we of the railroad employees?

Aw- Yee, sir. am my cpinien it was 3‘25”. It. Raine-2e.

Qw- During the wet semen when the logs are gathered

in the been at Beaver Creek state whether or not the work
hands upon that boom were :.;.eeuetcmed to use thin bridge?

V .A—-- Yea, sir they mum.

Q3»— How many men an tunlly war}: there when they were running
timber?

A“ I could not tell yea. '
£15,..- Was there a. few or a large warmer?
I A..- Sometimes maybe fifty or maybe more. ‘

Q,» Do you knew whether they were aceutemed to gaming
ever this bridge?

(fiefendaut o’edeete to the queeticn,
same being overruled and the defendant
exeepte)

A-u- Yea, air.

i:3-- Was there any rail road tents on the 0131081!“ of Beaver
creek during the ccnetructicn cf the beaver line?

A“ Bet right at the math.

 (23)
~23,“ Wee there a lot. of houses over there?
A... Yea, sir.
‘ :2“ me they live in them? ' .
A," Yea-;'., sir.
:3;,” Female met worked, on the rail road?
2‘1...- 3. euygporse gonzo of them worked on the railrwd.
:.;“. fined; time did you get. to the point where m: you say
' the body of me deceased?
‘ A... Sometime between six and seven o'clock in the evening.
{:3,” You know how ”one; he had been killed before that time?
A.” Effo, 811'.
:3;-m where were you amen you firm heard the new?
A..»... At. home.
, {jg-u- 1"‘ow for from the piece aims-re stir. iitephensa was killed?
A»- About one mile.
Q“ 911:: told you?
A" 3 don't know someone called me. ~
:.1..— ‘a‘oere they walking or riding?
5»- 1mm: they were walking.
4;" Did you go down?
Fw- Yea, air.
:73... $53.11: or ride?
A» ”hiked.
iv- “man you '-.'z:a.lke& from your home right on down there?
[Lu- Yes, sir.
{av-- What was the condition of the body when you went there?
3:.... Pretty belly mingled. ,
:1;-w- Deecribe it to the jury?

 (24) '
Ap- This leg was cut of: and his arm was cut off right
thera(fi1mwing the jurykaad was laying awe: on one side
of tfle body. and this arm was laying back fihia way
and this leg was right bank fihis’way(ahowing the gury)
and his hat Was laying back down ovar the rivar to the
and of the bridge. V I
' Q»— 39 you knoweham long that bridge is?
a»- No. air. 1 d0 not. .
g.“ Bid you axamine his yerson?
A-u ”fats, sir.
Qu— bid you taks charge of the body as corner?
A»— Yes, sir.
1-“ What did you find?
A..- I fauna he View brat-36d 1313 zzz‘ighfi smart.
g.» 'fihat did you find an his yersan in the way of persanal
effeats?
A«- 1 found a watch and same other little samba on hia body.
a». Did you find anything alga ahuut his person?
Ann @011, I found a packet book down on the edge of the
butmsnt. _
Qpa What waa the cand$ttén at the packet book?
.A-— Ganld‘nt hardly tall what it wafl.
Q-u Was ther¢ anything in it?
A-¢ A3 I remafiber it had $317.20 in it.
_ Qua Was thu money in the book?
A¢- E0. air. it was scatarcd some few flue: dawn over or:
the bridge.
an“ fihat did you do with that mendy?
A00 i turned it over to xrank Stephens.

 (25)

Q-n The plaintiff in this case?

a-» Yes, sir. ‘

:5;». after you took it off of his person did you keep
them until you gave them to iii". Stephens?

Au- Yes, 311‘.

-v;-- Bid you also find a ‘s~i;.?,“¢33h about his screen?

Elm- Yes, sir.

.. that was the ccmdtt‘lon of the “watch?

.A-:— It was about tore up.

2::-w would you new the dutch if you were to see it?
it‘- Yes, sir.

{Tax-- (Attorney hands the witness the watch) immine
that and state whether or that is the watch?

A-n Yes, sir, that is the watch.

12;.» 21:3 there any ef the hands on the face of it?

A,“ Yes, sir, one.

Q,» there does "mat hand paint to with regard to the
time?

s» It points aboug half way between five and six.

2},» he you think the witch is about the same condition
as it was when you found it?
A-» Yes, sir. as near as I can tell. ‘
q...»- me you notice at the time you found the watch at I
What time the hand was painting?
Ao- Ho, 9311‘.
Q." Did you hold an inquest over the body?
A». Yes, sir.
Q.“ You made a record of or a mam of the oofidttton
you found the body?
A» the, 313-. and filed a in the $103!!“ office.

 i
(236)
sa« Bid one of the employee of the railroad Gommsny
testify?
3...- Yes, sir, mere was one of times: d5 (1.
2;,” Did you find this; "if-rate}? in the dead man's pocket?
.A.-»- Yes, sir, in his treat pocket.
'3;-«- In his watch pocket?
11-- Yes, sir.
4 is» On thrift. occasion did you find 23nd pistol :rL'oout his
body?
A..-..' He, sir.
_ :15—— Were you fomely an officer of Allen City?
_ .:_-- Yes. sir.
e.” What pasitisn?
.;‘....— Corner. ’ i
‘L;..— isms you. :i‘reequently in. and about the town?
J_.... Yes, sir, very oft-ran.
sa— sees you sequent—med with the location of the town?
in Yes, 812‘.
:3.» state vmsther or not this rail road bridge is within
the corporate limit of the city of slim?
Am- Yes, sir, it is.
‘3.-w 30w far down the rivet does met 3.11m below the
hridge?
A“ A mart distance below Sam listeners house.
(Defendant object and except as to
“the bridge being in the corporate
limits of the tem. Same being over
ruled the witness answered)
A" 3;..- fair. listeners house below the bridge?
A" Yes, sir.

 (27}

GROEE EKAEEIIEAMH BY CF. 33. wXRKIN’S,

ATT-‘Ofl‘dfifl "i‘OR DEFI‘WE'ERDK‘iT, I). 5;. 0. 73 «11.11%? {‘30.
Q," 3512'. Bentley, was $339.1; watch rimming before the time
351-. Stephan-.3 "twee run over and. 3:139:34? ‘
A“ 1 dau’ t knew.
17;,“ You don? t. 3mm xvi-lather that "we the time or no '13,?
A-.. 1530, sir.
ill-— ch don’ t Kama '.33 they the mi; (:31 was ramming befcre
trig-Lt “Elf-3G my not? _
‘41—- Ho, 3132.
3;.... How many houses on the xiv/em; 910.9 of the 103:3 (139.» 2.21“.
Bentley?
fau- UPC-23.1. time's: 5.3 Sir. ‘ia’ill Elatciiers more m. fir. ix‘cdmer
and. the £3. O. ip‘eaple house, and Fr. Willie Allen.
{.3.-- 5350131037.. jaunume and ‘:‘éillia adieu?
A... Yes, 311’.
fig-.- You say were is .5;. great 2.~:e.ny people that (22:0er
hawk: mad fort}: each (my way that ‘:'):ridgge"?
2:;-"- Yes, sir.
Q,” "ab-mm whether or not those peeyle wha were using
this bridge were familiar with the time of the arrival
of trains in and out: of Beaver Creek?
A» i suppose some of them did. .
i1...- =$5012.31 they go ahead of the trains across the bridge? -
:13...— I have seen some follow on after it.
1133-.- They :muld wait until after the train would go on?
it." They would wait up there until after the train would
start.

 (28)

Q-— Is there any ford u? there under fleith the bridge?
h~« Ho, sir, not nnw.

in- Was there at the time Sf this accident?

' 51.... ."Zo, ::ir.

gna Is it act a fant that magy people mafia it a custam
to ford underneath fihe railraad bridge there at Beaver
Greek.

Yes, flir.

gm- And they used fihTt in wagging ovar inatead of the
other glaca you mantioned above?

A..- Yea, air. Emma.

Q-n After the counfiy ceflztructed a highuway bxidse over
aha creek there they eliminated the ford?

A-.. Tress, sir.

Q—« was it constructed at the fiime of this accident?
J—w ?hcy had it acrnsn, I made the $1115 I don't think
it a quiet done.

Q~* It was being used at the time by foot passengera?
A—-— Yea, 311*.

g-» How long before that time had it been used by foot
passengers? ’
A-- I cauld not tell you.

Q-- Yen knew James Stephens in his lifetime?

A—~ Yes, sir.

Q~‘ When was the last time you saw him before hia death.
A-- I believe I saw him the day before he died.

Q-« Did you see him.an the day of his death?
A—- I might have done it.

 (29)
Q~~ Dtd‘nt you gee him about ans mile up on Beaver an the
day a! hié death?
‘ Anw I isn't remember. I think I saw him the warning of _
hia death.
Q«- Where?
A”- Him ané Joe Patfien together.
Qu- Whafi was his canéition?
A». He weaw £9 be alright.
Qp~ was he érunk or sober?
A-» I could'nt tell it. I was not very algae ta him.
Q?" Ynu did net see him any more aftar you saw him and
363 Eatten tagethar an that day?
A-“ I don't think I did.
gr» Yam did net aee him abaflt fan: miles up the creek
about naon time?
A»« I dmn't knaw whether I did ax not. I dan’t remember.
a»- Mr. Bentley. tell the Jury whether at not a matter
bf two or three weeks aga in my o£fiee you told me that '
yen saw Jim Steyhens and Joe Pattan together