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PAGE NINE; ON COBOURG ths it was tdrther identified bya brows spare tire cover which made At vis- DS Tog ae said, pointed out to is father, He Air} . his father that wer too close to the crossing to stop in time and advised that he try to speed ahead. Evidently, from evidence later submitted, if vis ad- vice had been taken all might have been well. Car Stalled Gatekeeper Swan testified that the car slowed down and stalled on the tracks. How much the doomed driver's finding that the warning light, if he saw it. was still ahead player in this probably fatal deci- sion will never ge known. Robert Johnston stated that he walked to the ambulance. He had been driving for eight or nine months, He would be 21 years old in August 12. On question, he declared that the windows were down beside both his mother and father, and beside him at the back. Witness grew faint and 'his at- torney, Walter J. Tucktie, Hamil- ton, of the firm of Bell and Yeates made formal protest against any further questioning of the witness whom the Crown Attorney declared to be, evidently, in a state of col- Jiticed ithe they. Vidpse. > "He was! taken back 'to hos # pital. "Mrs, T CCHlley, daughter elder Johpston, testified that she had not kept track of the low- ing cap as she was sayings J Ber baby. 1a 3 51 ' pt Slinn, veteran of france aot on le d Mrs. in 3 eg called. "He testified that ae, party had no- ken Ring stam Crossing gates on the trip to A rtecal Mrs. Georg Slinn declared that she had kept particular watch on the following car containing her father, mother and two brothers, They were in sight when the first car crossed the railway tracks. Dr. E. W. Hayden testified that he arrived at the scene of the accident about 4 a.m., having been summoned. Mrs. told that there were two injured at Mr. May's. He asked the watchman, David Swann, what had happened, Dr. Hayden stated that the watch- | man declared that the car had stalled | on the track. Questions Watchman The physician then the watchman was standing. told, and in reply to Dr. Hayden's asking why he stood there, he said: 'he couldn't watch two rodds at once." Robert Johnston, whom he attend- ed. was'said to have been pretty well cut up. Asked to eludicate, he men- tioned various cuts about the body, loss of skin, blood and resultant shock. Dr. G. M. Ferris testified that he went right to the crossing on being An Tires may look alike to you, but... "we sell Silvertowns : a they are: _ ap 3 PRODUCT JUSELD L a dg SEER Ee REPUTATION *2 Nn ¥ SERVICE Years of Ssgeriencs aud a neirs Reputation* the reputation of vice quality of min Goodrich Silvers rag Tires; He saw the body. of, he supposed! James Johnston, 'Sy, and was! | ree asked where! He was! the first who travel vu Ub uw Abi wi b | vec, immediately indentifies an un- protected crossing. The Crown Attotney, in summing up, declared that he had been In. structed to probe diligently in to | the fact that for two weeks the summoned, a matter of a few mins utes. He was told that the car had stal- Ted on the track, and that two grav- ely injured victims were at Mr. May's. He found Robert Johnston and little Jimmie. He examined the bodies first, however, but did not see that the baby was still alive. The body was cold. On. question Dr. Hayden had done previously, declar- ed that the deceased came to their death through shock and traumatic injuries. The accident had taken place in the Township of Hamilton, Map Produced George Armour, Civil Engineer, next presented a chart of the acci- | dent showing the positions of bodies according to measurements taken by him and Provincial Conscaple Carey. They were found at 129, 185, 200, 242 and 535 feet respectively. Mother and infant were within 15 feet of each other, showing that in giving her own life she endeavoured to save that of the baby. It died later in hospital. The wrecked car. was found 695 feet west of the crossing. P. C, Carey testified pext. He was summoned by Constable Jerome of the CN.R. He had the watchman show him where he was standing when the ac- cident occurred. It was at a point 49 feet west of the westerly track of the CNR. lines, between that rail- way and the right of way of the C.P.R Crashed May 13 Constable Carey understood that the CN.R, crossing gates had been out of repair! since May 13. The "wood work was in good condition, He also testified that the engineer of the CN.R. engine which struck the Johnston car had seen the watch- man's red light. The watchman had said that he had seen only the one car, Wrong Side J. D. Burnett, ber of the jury, asked: "If there was no other car approaching, wouldn't the watch- man's place properly have been on the east side of the crossing?" "Yes, sir," Constable Carey replied, "it would." Constable A. Kidd was called to yerify Constable Carey's statements, which he did. Mr, Kidd also testified, on ques- tion, that the "train" consisted only of a light engine, manned by an' engineer .and fireman. The watchman had a.red warning lan- tern and a white light lantern. Watchman Testifies David Swan, crossing watchman, testified that the gates have been broken nine or ten times this year in one way or another. On rigid probe by the crown at- torney, Mr. Swan stated that the gates had been put out. of mT sion at 7 pm, May 13. At that time the base or foundation of one had been broken, necessitating-the obtajning of a mew casting before repairg could be made. The damage was reported at 9.15 a.m., May 14, to M, A, Har. ris, local agent of the C.N.R.. The eastern arm of the gates had been propped up since the breakage. He was protecting the crossing with a flag by day, and by a Iantern at night. The gates protecting the!C.- |: P.R. were in good order, 'Asked by the Crown Attorne he saw the approaching engine," Swan replied that he had, It was coming around the curve about .& mile away. He was out of his ch tower. and. fn the highway within 10 seconds. He saw the car coming, it Ferris, as Dr.|%-- saw the white light. of the service lantern. e then resumed a normal pos- ition in the cab and saw. nothing more until they were. upon the Johnston, car. which, he thought, had stalled. He testified, on ques- tion, that he saw both lights mov- ing 'Yes, both red and white," he replied to query. "'/ Avoided Horror Asked by the Crown it he had seen what happened when the car was struck he replied: afraid .to look." It was just daybreak. He was of the: opinion that the weather is never wholly clear at that time of day. "Yes," he said in reply to ques- tion, "the watchman was surely on the job." The Crown Attorney called at- tention to discrepancies in previous estimates as to speed, That is, the engine was seen first about a mile away. The engine was running about 30 miles an hour, The John- ston car was said to have been go- ing 35. Mr, Kerr wanted to know why it 'had not got well clear of the crossing before the engine arrived. The crown attorney made it clear that he did not mention this in connection with Mr. Adams' testi. mony, but to have the peint re- corded, View Cut Off Foreman Morris Booth asked if the engineer could see a car com- ing from the east, when near the crossing, owing to a house and barng whith cut off the view. Mr. Adams replied that he did not and could not have seen the car until he was right on it. The engine was stopped, he de- clared, at what is known as a "good stop" for 30 miles an hour. Mr, Burnett pointed out that the distance of the Johnston car from the crossing when first observed, had been well ascertained and plac- ed by means of the road "dip" near the Massey Farm. Fireman H. Diment, Belleville, testified that he did not see the ac- cident. He was firing at the time. He did not see the watchman, He went back, when the engine stop- ped, to flag No, 7, which was about due, He took the watchman's red lantern to signal and left his own with Mr. Swann who lit it. The watchman had both lights, Superintendent G. A. Stokes of the Belleville Division, CN.R., stat- ed' that the crossing gates were under J. Drew, supervisor of sig- nals in this district. Got Wrong Casting The damage to the Kingston Crossing gates had been reported Fon May 14 by the watchman. The signals department had been noti- fled on May 15. A wire for a cast- ing' had been sent to the Leaside Shops, and the casting arrived on May 17. It was found, however, to be unsuitable. A new casting was ordered. It arrived and was in- stalled on May 27 the day follow- ing the tragedy. The Crown Attorney wanted to know ifthe casting already here bad not, in fact, been used after T. | all? There was no report on that question, Standard Parts Mrs Kerr also asked it in' view of the number of damaged crossing gates, if the Railway has not con- perhaps a mile away. He saw. nol iio q the need of stores of re- car coming from the west. The avatchman's first notice of ithe doomed car was placed, as to ais- tance, with reference to the Mas- sey Place and dips in the Toad { nearer Cobourg which obscures sp- proaching lights. Printed Orders Mr. Swan testified that his stand- ing 49 "feet west of the westerly track of the C.N.R. is governed by "| printed regulations. T4e reason of them is to protect traflic from the west in case an easterly 'train should come along and trap him on the east side ofthe tracks. He. stood in the centre of the road, Lr. Swan testified that he carried e s ng a nly" ve. o- direc. t 'on alk he White Sight ior tue On question, he "declared NL Wun { red light right acrons 4 placement parts. He also asked if the casting was not or should not haye been of standardized type. Na Pe atatio. "information was bie, Mr, , Stokes suggested that the Ta rg may have well provided for estimated breakage, but that inérensey in Accidents of the na- ture had exhausted the supplies on hand: Mg. Kerr. also pointed out how arove ashing is wos have been left uiiiotidied ty gates for 14 days. J.D, Burnett, member of Jury, ah "to know nd d not been bor b{ No, 1 was that 'a danger- | HELE | the Kingston 0 had not been in" opera- on, It wes just the good fortune events that no one had been kill- ng gates at ignal factor, declaring that oftpr geen mislead, .A signal to come on to of the || Jury, suggested that flood lights 'be installed at crossings. Decision to adjourn the inquest until June' 20 was made on dis- cussion asked by Foreman Morris Booth. ; J. D. Burnett made an emphatic protest against having Robert Johnston subject to the ordeal of examination, until he is much stronger botH in body and spirit. He declared that it was not fair to use any of the evidence the young man had given with such evident effort and with such uwhfortunate physi- cal results to himself. Clerk--May I help you, sir? Gent--I'm just looking. Clerk--When do you leap? NATH OF OSHAWA DIED AT BURBANK, CALIFORNIA STATE Phillips Had Edwin J. Reached Ripe Age of 80 ------ The death occurred recently at Burbank, California, of Edwin J. Phillips, formerly of this city. Mr, Phillips had reached the ripe old 'age of eighty years and was a highly respected citizen of Burbank, The following account of his life sent to the Times by Rev. G. H. Craft, @ Methodist pastor, who had charge of the funeral service will prove of interest to local readers. Edwin J. Phillips was born in Oshawa, Canada, Dec. 26, 1850, was married to Mary Ellen Paull, of Oshawa, Canada, May ~ 1882. Three children were born to this Union, Edith, Perey and Grace who with the mother live to mourn his departure. Bro. Phillips joined the Methodist Episcopal .Church in his native town in his early years and Avenue overlooking Boardwalk and { *A Hotel Distinctively Different' JUST COMPLETED IN ATLANTIC CITY UNEXCELLED COLONIAL HOSPITALITY Now Ready for Yi $4.99 daily, Et i $7 00dulty Ameri M Ar Plan has sent his monthly dues to the class in fulfillment of his pledge. As we have frequently called at his home in the past few years, we have always found a cheerful wel- come, and as we left we were made to feel the sincerety of Christian friendship by him and his family. continued to the end in harmony with its principles and belief, For seven years and four months he has heen a faithful member of the Craft Bible Class of the Meth- odist Episcopal Church of Burbank, contributing liberally and regularly to all of the interests of this or- ganization, and in his long sickness, ol =e §\ackwells Pro With the Purchase of 1 bottle BRANSTON SAUCE 1 bottle LITTLE CHIP ORANGE MARMALADE bowfe 1.13.01. boule ORANGE CUP 38c Tomislo Calsup « « SPECIALS . ON SALE AT THESE VERY LOW. PRICES JUNE 6 -- 12 INCLUSIVE ™ McLAREN"S PEANUT BUTTER Leaktite Pail 2c a (e435. oi 1 Oc nada I. STAR POWDER AMMONIA 2 Ps. 13¢ oa SUGGESTIONS WAX HAWE'S FLOOR 1db. Tin 43¢c BORDEN'S MILK EVAPORATED _ 2 Tall Tins 25¢ SHIRRIFF'S ORANGE MARMALADE '1 lb. Jar 21c SUNERA | The Vitamin Cereal Special! Cooked HAM + 29¢ . '23¢ TOTAL 87¢c. ee [EXTRA SPECIAL! COWAN'S VELVET CHOCOLATE 29¢! ! Bi} etna A REMARKABLY LOW PRICE--THIS WEEK ONLY £ lb. Box J" i ---- R---- m-- SPECIAL WESTON'S PEERLESS COCOAN vr, COMES zl Raspberry Jam 40 Oz. Jar 33¢ SPECIAL~ WONDERFUL VALUE, HOUSEHOLD BLEND TEA 3-122 SPECIAL AYLMER CHOICE QUALITY CORN 2:27¢ Tins Fruit and Vegetables 4 a. 47c HEAD CHEESE sub 15¢ | ORANGES ..........doz. 49¢ "MACARONI. LOAF .,, 1 {law in Ontario an was leaning out of his cab. He also ' prominent marking which, in Que- R. B. tional legal department stated -the SB. would do anything to implement such a to provide the LEMONS ...........3 for 10c RADISH ............bunch 5¢ oo J 31c WEINERS «.v... JAR roi, 25¢: LETTUCE ..........3 for 10c 'HAMBURG STEAK ....Ib, 20c CANTELOPES ....,.15¢ and,20c, GREEN ONIONS sae Os "BREAKFAST = LIVER 48 elne 0 Is sian 18c Pickled PIGS' FEET 4 for 25¢