Mr. Mackey: If he owes it, it is just the same as if he paid it. Mr. Hall

Q. Your first trip to Washington was in company with Mr. Patterson? Answer – Yes, sir, I think so.

Q. When did you first employ him? Answer – Mr. Patterson come here by wire.

Q. Did you wire for him? Answer – I did.

Q. Then he took you to Washington? Answer – I think so.

Q. You did not make any report to the Singer Sewing Machine Company for the week ending March 13^th Answer – I don’t remember. I remember going back to see if my water pipes were frozen, and whether I turned in my report at the end of the week I don’t remember.

Q. Do you remember when Dr. Bacon first called on you? Answer – No, I don’t.

Q. Do you recollect when you first went to the Sibley Hospital? Answer – I remember one morning at nine o’clock Mr. Mackey took me there.

Q. Who did you meet there? Answer – I think Dr. Jacks and Dr. Bacon.

Q. Were you ever treated for piles? Answer – No, sir.

Q. Didn’t Dr. Jacks treat you for piles? Answer – No, sir. There was no treatment given me at the Sibley Hospital whatever.

Q. How frequently did Dr. Bacon treat you between March 1^st and March 14^th Answer – I don’t remember. A nurse who was visiting my way happened in when I had an attack of epilepsy and she gave me spirits of ammonia; the next time I was laying on the bed, when he come; she went down stairs to get a spoon or something.

Q. (The last question was repeated) Answer – I can’t answer that question; I thought he asked me how many visits Dr. Bacon called on me.

Q. Do you remember how many times Dr. Bacon came to see you during the week of March 14^th to 21^st? Answer I do not.

Q. Is Dr. Bacon the only physician who has ever seen you in a spasm, as you claim? Answer – He is the only physician. There have been other medical people.

Q. Who else? Answer - A nurse, I don’t know her name; she is a graduate nurse. She attended me in the first, and Dr. Bacon actually worked on me in the second.

Q. Do you recollect your earnings for the week ending March 20^th, as reported to the Singer Sewing Machine Company? Answer – I do not.

Q. How old was your baby at the time of the accident? Answer – The baby was born the 18^th of July 1914.

Q. The 18^th of July, 1914? Answer – Yes, sir.

Q. About seven months old. You testified that when the accident happened you were thrown out of your seat and the baby one way and you went the other? Answer – As near as I can remember. I didn’t testify that to be absolutely the way the thing occurred, because at the time the crash came so suddenly I don’t know which way, only the baby and I parted.

Q. Do you remember the baby leaving your arms? Answer – I certainly do.

Q. It dropped on the floor? Answer – I didn’t say dropped on the floor. It went on one side of the coach; whether it hit the window or floor I don’t know.

Q. The baby wasn’t hurt? Answer – It was scratched up and almost blinded.

Q. Almost blinded? Answer – Of course it had to be straightened out, and my wife knows.

Q. It wasn’t hurt sufficient for Mr. Halterman to notice it? Answer – I don’t know.

Q. You heard him testify this morning? Answer – Yes.

Q. Didn’t you hear him say this morning that the baby wasn’t hurt? Answer – That was his testimony.

Q. Did dr. Wine attend the baby? Answer – Not that I know of.

Q. Or did any other doctor attend the baby? Answer – Not that I know of.

Q. Do you remember Mr. Halterman coming there and seeing you after the accident happened? Answer – I remember his voice, but whether it was Dr. Wine or Mr. Halterman, as I stated before, I was in such pain I don’t remember.

Q. You were standing by the seat, holding to the seat? Answer – I don’t know whether I was standing or not. The pain was so great I don’t remember what happened until next morning when I woke up.

Q. Do you know when you were employed by the Washington Steel & Ordnance Company? Answer – Sometime in May, I don’t know; it may have been the last part or the first of June.

Q. Would you say it was May 19^th ? Answer – Somewhere in there.

Q. When you were employed by the Washington Steel and Ordnance Company, were you employed at the same time by the Singer Sewing Machine Company? Answer – Maybe I was and maybe I wasn’t. I don’t recollect.

Q. You can’t tell? Answer – No, sir. I don’t remember.

Q. Can you tell whether it was after you worked for the Washington Times or before? Answer – It may have been before, I don’t know. I think it was before. I think the last place I ever done any actual work was at the Washington Steel and ordnance Company.

Q. Then you worked for the Washington Times before you worked for the Washington Steel and Ordnance Company? Answer – I think so, but I am not positive.

Q. And you began working there as a helper? Answer – Yes, sir, as a helper.

Q. What did you get paid? Answer - $1.60 a day, and for night work two cents on the hour; that is, in the after part of the night.

Q. You worked from four o’clock until midnight, did you not? Answer – From four o’clock until midnight.

Q. William Pettis – did you know him before you went there? Answer – No, sir; he was the foreman I just referred to.

Q. You didn’t know him before you went there? Answer – No, sir.

Q. You didn’t get your position there through him? Answer – No; I got my position by simply knowing that they needed men to work night work and I applied for it myself.

Q. Do you know when Pettis quit? Answer – I really do not. I suppose maybe a short time, I don’t know how many days or weeks, before I left.

Q. And after he left you found you had to leave? Answer - I did not find I had to leave; I found if the man who was hiring me knew that he had an epileptic around there I had to go, and I knew the hot summer time was coming on, and I would have them right straight along.

Q. and you gave up the Washington Steel and Ordnance Company position voluntarily? Answer – I left because my health was bad.

Q. You left voluntarily because your health was bad? Answer – I couldn’t do the work that they wanted me to do, or rather I was not doing the work to suit them.

Q. As a matter of fact, you did not have a quarrel with the foreman? Answer – Not as I remember; of course, we often have little misunderstandings about the work.

Q. You don’t recollect having a quarrel with the foreman, and he discharged you on the spot, and you were handed a short time slip? Answer – I do not.

Q. You don’t recollect you were handed a short time slip, and you were re-instated by the foreman and subsequently discharged? Answer – No. We had a little trouble about a shell which was not turned out, and he said I would have to see the day foreman, and I worked with another machine and I was not accustomed to it and the midnight foreman told me to go back to the other foreman, and I went to Mr. Williams in another department; it was a drop forge shop and I didn’t go back.

Q. Mr. O’Neal kept time on you? Answer – No, sir.

Q. Who kept time on you? Answer – The clock itself.

Q. Who did you make your report to? Answer – We had a clock, and we would punch it as we went in and as we went out, and Mondays we turned in our reports to the boy there.

Q. Did O’Neal pay you? Answer – No, sir.

Q. Who did pay you? Answer – The pay clerk.

Q. O’Neal didn’t have anything to do with it? Answer – Only to see that the work was done properly.

Q. Was he foreman? Answer – He was foreman of machinery, as near as I can remember. He was there only a short time when I left.

Q. You say O’Neal was there only for a short time? Answer – That is as near as I can remember.

Q. You do not think O’Neal was there from the time you began on May 17^th until you left? Answer – He was not as foreman.

Q. I did not say as foreman? Answer – You must remember there are 2300 men on two shifts, and it is hard for me to pick up two individuals; I didn’t know two men from the time I commenced until I quit. The reason I know Mr. O’Neal is when he came there as foreman of machinery I knew it was Mr. O’Neal, but otherwise he might have worked out there with the wheelbarrow and I wouldn’t know it.

Q. You were working piece work? Answer – Sometimes I did.

Q. You were getting three cents apiece for shells? Answer – If they passed examination.

Q. You worked from May 17^th to February? Answer – Something like that.

Q. Isn’t it a fact you were one of the best men that they had? Answer – You will have to get someone else to talk about that.

Q. Didn’t you turn out a good many shells? Answer – I had a good many to come back, and had to pay six cents apiece for those that were defective.

Q. Did you lose any time between December 6^th and February 2^nd ? Answer – Quite a few number of nights I lost entirely.

Q. Between December 6^th and February 2^nd ? Answer – I beg your pardon. I thought you meant from the time I went there until I quit. I don’t remember; maybe I lost a few nights, but I don’t remember.

Court: When did he go there?

Mr. Hall: He went May 15, 1915, and left February 3, 1916

Q. Isn’t it a fact you did not lose any time at the Steel plant except twice between July 15^th and February 2^nd

Answer – Between July and February only two days?

Q. Yes. Answer – I am positive I have lost more time.

Q. Once for physical examination; you got examined one time, didn’t you? Answer – Maybe that was when Dr. Lemon examined me. It was because of Dr. Davis putting whatever you call it in the eyes which makes you blind. You can see pretty good at distance, but you can’t anything that comes close. It was put in my eyes at four o’clock in the evening.

Q. You say you suffered a great deal immediately after the accident, and don’t remember anything until the next morning? Answer – That is as near as I can remember.

Q. You can’t say positively whether or not there was any lumber in the car, or whether anything struck you, or what happened? Answer – I don’t say whether it was glass or iron, or what.

Q. Do you know whether any blunt instrument struck you? Answer – From the way I felt at the back of my head when I had my perfect sense it must have been something, because it couldn’t be air.

Q. It was all so sudden you don’t remember what it was? Answer – No.

Q. You don’t remember distinctly anything striking you? Answer – No, because it struck me in the back of the head.

Q. You didn’t see it, and you don’t recollect distinctly anything hitting you in the back of the head? Answer – I know something struck me.

Q. How do you know? Answer – I felt it.

Q. Didn’t you just say you didn’t feel it? Answer – Sure I felt it.

Q. Did it break the skin on the back of the head? Answer – It didn’t break the skin, but I have the lump there at the present time.

Q. Is that the rigid muscle Dr. Hooe claims was there at the present time? Answer – Yes, sir, there it is.

Q. Your doctor was mistaken when he said you didn’t have it there as long as he examined you? Answer – I don’t know.

Q. Didn’t you hear him say that you didn’t have it there as long as he examined you? Answer – I think he said it was a tightened muscle; anyway, the lump is at the back of my neck.

Court: Does the C&O want to ask him anything?

Mr. Browning: That is all.

J. T. Hyde, another witness called on behalf of the plaintiff, being duly sworn, testified as follows:

DIRECT EXAMINATION

Q. Mr. Hyde, what is your business? Answer – Section Foreman.

Q. What Railroad? Answer – Southern Railroad.

Q. Were you summoned here by the Southern Railway? Answer – No, sir.

Q. Who summoned you there? Answer – In behalf of Mr. Sullivan.

Q. Are you still section foreman of the Southern Railway? Answer – Yes, sir.

Q. Where do you reside, Mr. Hyde? Answer – Bristow.

Q. How near the scene of the accident in this case? Answer – About six hundred yards, I guess.

Q. Could you, from your house, see the accident? Answer – Yes, sir.

Q. And did you see it? Answer – Yes, sir.

Q. Did you see this freight train going north, the C&O train, just before the accident? Answer – Yes, sir.

Q. State whether or not you noticed anything unusual about this train? Answer – Yes, sir, I saw fire flying out from under the coal cars as the train passed.

Q. Was the car loaded with coal? Answer – Yes, sir, I judge so.

Q. And was it flying out of the rear part or the front truck? Answer – The rear part, I think.

Q. About the truck? Answer – Yes, sir, it seems to be under the truck.

Q. About how fast was that C&O train running, according to your estimate? Answer – I judge about thirty-five miles an hour, to the best of my knowledge.

Q. And what position was this coal car in, with reference to the rest of the train? Answer – I judge about midway of the train, or something close. I couldn’t say positively whether it was closer to the rear or front.

Q. When you first saw these sparks flying under the coal car trucks, where was the train when you first noticed it? Answer – Just as it was passing where I lived.

Q. And how soon after that was the accident? Answer – No longer than it taken the train to run about six hundred yards.

Q. At which point in that train with relation to this coal car you saw the sparks flying from the cars leave the rails, - which car was it that left the rail? Answer – The next car to the coal car.

Q. The next one to the coal car? Answer – Yes, sir.

Q. Next to the car you saw the sparks flying from? Answer – Yes, sir.

Q. What happened then, Mr. Hyde? Answer – When the car left the rail?

Q. Yes. Answer – 17’s headlight. I could see 17’s headlight, and could see 17 closing up, and they were passing when I heard the crash; 17’s headlight passed from me, and that it all I could see from where I was at the time.

Q. Is there a switch or frog at the place? Answer – Yes, sir, a switch.

Q. Did the portion of the car from which sparks were being emitted reach that switch or frog? Answer – Yes, sir, as far as I could see.

Q. Then what happened? Answer – It turned over what is known as the stock rail.

Q. This thing you saw sparks flying from? Answer – Yes, sir.

Q. What did you find to cause you to come to that conclusion? Answer – A down arch-bar.

Q. Was that arch-bar on the car loaded with coal? Answer – Yes, sir.

Q. Was that on the car you saw the sparks flying from? Answer – Yes, sir, the best I could tell.

Q. What had the arch-bar done to the track of the railroad? Answer – It had turned what is known to us as the stock rail; it turned it over, and tore up the track principally.

CROSS EXAMINATION

Q. Mr. Hyde, where do you live? Answer – Bristow.

Q. Where do you live with reference to the bridge across Broad Run and Bristow Station? Answer – I judge about one hundred yards from the station.

Q. Towards Broad Run Bridge? Answer – Yes, sir, north,

Q. Which way does your house face, towards the railroad? Answer – My house is L shaped; it is built in an L shape; I was facing the railroad.

Q. Where were you at your house when the train passed? Answer – Sitting down eating my supper when I saw the train go past.

Q. In your dining room? Answer – Yes, sir.

Q. Where is your dining room in your house? Answer – It is on the south wing of the house.

Q. What was the first notice you had of the approaching C&O train? Answer – Nothing more than I was sitting facing looking out of the window, and noticing the fire I jumped up and ran out in the yard and watched the fire as far as I could see.

Q. Where was the C&O freight train when you were sitting at your table, and looking out of the window? Answer – Passing right by my house.

Q. Passing by your house? Answer – Yes, sir.

Q. That is about one hundred yards towards the bridge from the station? Answer – Yes, sir; my house is about seventy-five yards from the road, but I judge it is a little closer to the railroad than to the depot by cutting across in a three-cornered way.

Q. Where had the train gotten when you jumped up from the table and ran on your lawn? Answer – I don’t know the exact distance, but not very far, because I jumped up and ran out. All I had to do was to open the door. All the time I lost sight of it was just going outside of the house.

Q. Now, how far is your house from the railroad? Answer – About seventy-five yards, I think.

Q. About seventy-five yards? Answer – I think so.

Q. You said in response to a question in your examination in chief that the train, you thought, was going about thirty-five miles an hour? Answer – I think so the best I could tell.

Q. Could you tell pretty accurately, at a distance of seventy-five yards from the railroad, how fast it was going? Answer – I supposed it was thirty-five miles an hour.

Q. You supposed so? Answer – Yes, sir, but I couldn’t say positively how fast the train was running.

Q. That is what I was coming to, Mr. Hyde. Now, then, that is all that you know about the matter until you went over to where the scene of the accident was? Answer – Yes, sir, all I know of the wreck.

Q. And you say when you got over there you found an arch-bar down? Answer – Yes, sir, in an investigation I did.

Q. Where was the arch-bar, the arch-bar was attached to the truck when you found it, wasn’t it? Answer – Yes, sir.

Q. In what shape was the arch-bar? Answer – I couldn’t exactly explain how it was very well, as I am not familiar with car repairs and so on, but one wheel was up against the bed of the car, the wheel on the east side was up against the bed of the car.

Q. What do you mean by the bed of the car? Answer – The body; in other words, the truck was cocked up on one side, and the other wheel was down between the two rails in the middle of the track, and it showed it had run all that distance where one wheel had come along between the rails.

Q. Now, you say it had run all that distance; what distance? Answer – From the switch to a point four hundred yards, I judge further, a little more or a little less, to where the car stopped.

Q. Where is the switch you speak of? Answer – Where the derailment occurred at the pump house.

Q. From the switch beyond the pump house to a point four hundred yards towards Manassas from there? Answer – I judge that; that is where the coal car was left or stopped.

Q. The coal car was stopped at a point about four hundred yards from the pump house? Answer – Something like that, sir.

Q. Mr. Hyde, do you know the difference between the tie-bar and the arch-bar? Answer – I am no car repairer.

Q. I am not seeking to entrap you in any way. You say you don’t know the difference between the tie-bar and the arch-bar? Answer – I know what is known as the arch-bar; I am familiar with what is known as the arch-bar, but I don’t know anything about the tie-bar, or the name of any particular part of the trucks, or the bolts, or anything of the kind.

Q. You don’t know what the tie-bar is? Answer – No, sir, I couldn’t say positively that I do. I know what the arch-bar is.

Q. I will tell you what the tie-bar is: The tie-bar is underneath the bottom arch-bar, and it is a strap of iron about something less than an inch thick and about five inches wide, I believe; it is a strap of iron that goes underneath the lower arch-bar. Answer – I understand.

Q. What was it that you saw, the tie-bar or the arch=bar? Answer – The arch-bar. The box-bolts were gone out of the box; the arch-bar was down on the ties. The arch-bar or tie-strap, as you call it, was probably down, too, I suppose.

Q. You don’t know whether you saw the tie-bar or not? Answer – I didn’t pay any particular attention to the tie-bar.

Q. Was the tie-bar broken? Answer – Not to my memory.

Q. You got there, of course, after the accident, after whatever happened did happen? Answer – Of course.

Q. Now, what time was that? Answer – I judge about 6:30, or something of the kind.

Q. Was it light or dark? Answer – It was about twilight; it was just about between sun down and dark.

Q. Did you provide yourself with a lantern? Answer – In going there?

Q. Yes, sir. Answer – No, sir, not in going down.

Q. Did you get a lantern after going there? Answer – Yes, sir.

Q. This information that you have given as to the arch-bar and the bolts you saw by the light of the lantern, did you? Answer – Yes, sir.

RE-DIRECT EXAMINATION

Q. I will ask you the size of the arch-bar, the thickness, width and length, to the best of your knowledge? Answer – I am unable to say the size of an arch-bar. I never made any measurement, although I have been seeing them for years.

Q. Was it light or dark/ Answer – It was about twilight; it was just between sun down and dark.

Q. Did you provide yourself with a lantern? Answer – In going there/

Q. Yes, sir. Answer – No, sir. Not in going down.

Q. Did you get a lantern after going there? Answer – Yes, sir.

Q. This information that you have given as to the arch-bar and the bolts you saw by the light of the lantern, did you? Answer – Yes, sir.

Q. Can you approximate about the size of an arch-bar? Answer – I judge about four inches wide, or something of the kind, but I don’t know how long.

Q. Where do you live, Mr. Davis? Answer – Bristow, Virginia.

Q. What is your business there? Answer – Merchant.

Q. How long have you been a merchant there? Answer – I suppose about thirty years.

Q. Were you there on the evening of February 23, 1915? Answer – Yes, sir.

Q. Did you see a C&) freight train, about half past six that evening, going north on the tracks of the Southern? Answer – Somewhere about that hour, but I don’t know exactly.

Q. Where were you standing when the train passed? Answer – On my store porch.

Q. About how fast, in your opinion, was that train running? Answer – I imagine forty or fifty miles.