Show CRIMINAL mod ote f id to 2000 aan V esen to AP P the arguments of counsel in ID the D 4 IL G 1 accident cue before core coin millimeter BICKY BICK Y in which conductor bea boldt and add Lagi noer Oat osterwald erwald ol of the work ok tram from diore oro charged with criminal negligence warm modules made yea splay morning harkness Harkne aj and varlan varian for the contended that be evidence bowed allowed that tho the defendants were culpably negligent la in disregarding the abo rules of the company by running u pon the main maim track on a regular re guirt trams trains urao limo without imply flagging and to bay any that because ire train no 21 exceeded her schedule LIMO almo and thereby caused tho the accident was a sort ort or a kettle calli calling pot black agu argument in from the oat ly loco I 1 of the train it app appeared elved that ahm set ac boldt had been told at fl 6 13 43 a in en ell the iho that ibal 21 bad just loll loft pleasant valley junction miles east of 01 thistle and forty two miles from spent spanish h fork that ho he did not know knew but what she fhe bail bad received special orders to exceed be her r schedule time god DJ he be therefore ought to havo have known while ho he wall a spanish fork that ir if no 21 hl bat nude made only her time she bho wee wag rt ht that hour boar 10 ft a in 10 near thistle station three miles east cut or of where the iho accident occurred and th ihal a t to leave pole can you yon witch switch would be exceedingly dsa doll berous TUB CLAIMS or OF mr and mr rawlins lo 10 anth I la cl claimed 1 d tile showed that 1 no 21 we running from clear crock crack eighteen milan from I 1 station at the tb rate ralo ol of eighteen eight eoa miles so an hour that she ha bad no special order to exeas execs exceed her schedule jime gad anil that he her r Klie dule time allowed her to make only about nine miles an hour that if this feel arlo had been running at a mate rato late or of speed which tho the doe had a right to presume sho she wu was doing they could havo have made their home OW la tion HOD at gravel pit thirty or thirty live minutes before no 21 wu duo due there bod and that tho the to ro directly upon the iho conductor boil engineer of no ai 21 it wax was further clima that thu allowed the order given civco the work train on the abo WM was ft a special one from the wording of which too ano defendants were bound to incur that they were entitled to the right or way till 11 13 vu n but jo in view or of this feet fact and tho the fact rise that the train dispatcher know where tho the delayed trains were and chaa no il 21 would he bo lo in spanish fork canyon oo on the forenoon lorun ot at the ibo it woo wai his br duly to havo given tho the order lo in such A meaner manner M would have baro put tho the work train oo oil its ila guard the truth in laid mr RAw lloa w we have ft a right to look for the iho full moila r n green tin the frosted allor 1 abisi to Doy ol 01 abo ean ea 1 0 D ly II 11 0 0 company COU Pany sol nol its ita trusted employees aro are sent bent loto into tar fate wart court to drw this prosecution and why I 1 r it II arold i a it well known rulo rule ot of law with which counsel upon tho the other side ildo aro arc doubt lou somewhat lamillar that where au an employee of a railroad company hoften injury at the hands blinds of a bo be cannot recover damages da from tho the company but if it should bo be mado made to appose appear that the injuries inflicted ioni cled all IQ in this instance wore so BO by the iho care cam leous or negligence of others than those upon the work train irala then the road could be ba lidd fee dam gee and upon thin biar it twits look as all it the corn core anoy to avoid what mahl otherwise p ollow follow had bad these defendants for tho the cum were then submitted and at 4 30 judge mckay rendered the judgment the court is of tho the opinion thu thit la in thou cum cues them Is IB p r cause to believe tho the eally IQ in so 10 holding I 1 do not dro to bo und andr r stood food an that these men ue are the only paril baang in the billay ability of this disaster theta to bo be something lack log ing lo in th the rules for running the trains ol of title this corporation ry to lo moro effectually elp actually guard its bod fcc mm the A public grow irom accidents of thin kind 11 the ho train dispatcher had doubled train no 21 while it wax was at P V junction clear creek or T thistle hi mile that the abo work train woo u occupying tho the load bete between fork and ad r blacio and to look out lor for it or it no 21 had restricted themselves to their schedule t true so they were bound boned to d do I 1 cannot help thinking that this accident would oot not bavo lakee place ahli howe erla oot sufficient cicuto for far neglecting to flate flat aga not it am provided la in tho the rules ruin and for that neglect I 1 deem it my duty to held theme defendants and or order mal or that they cach give bail in 10 the sum of at 2 2000 0 fur for their appearance woe the of jezl t turn term ol of tho the court to bo be held la in the first judicial district at provo 0 on I 1 the itna monday 1 in february iho be attorneys for the denenea moved dedual tore duco the abo bail to 1000 but tho the prosecution objected und and tho the court eaid aid he bo would acido the motion oil this morning at 10 bil had not been fu michal lut night dight the iru lowing named entered into inlo A before iho file court to appear before the ibo next grand erand vry jury geo gee 0 gray IT ducker duckart Duc korT 1 W U ft agoan A IT russell J bo coleb Is winlun WN lun son fred brining mo me thoo theo finch md and 11 II F nichols |