Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1839-02-15
From The Albany Erening Journal,

/ DtulC.
From The Albany Erening Journal
The Members OF the Legislature were by
Law required and by their Oaths bound 10
cleo, u. S. Senator to-day. Instead Of dis
charging this high duty, eighteen Senators
have, hy collision and conspiracy, defeated
such election. This violation Of law and du-
~ was open, deliberate and palpable. They
cost their votes. by argument, for the express
purpose Of defeating choice. The law is
therefore wounded, and the constitution VIC.
lated. wantonly Nor is this all. The pub.
lie will is SET at defiance The people are
delrauded by those in whom they coniided.
n-Mr. Daniel Fisher, who was recently
killed on the Harlaem Rail Road, the par
ticuars ofwhich are subjoined. we learn was
formerlya resident OF Fayetteville. and some
6 or years ago driver Of the stage from
Brauleboro TO Townshcnd:
From the New York Express OF Jan. so
SHOCKING ACCIDENT ON THE
HARLAEM RAIL ROAD
An accident occurred yesterday morning
on the tlarlaem Rail Road, by which Mr.
Daniel Fisher, one OF our most valued cit
liens, lost his life, and several others were
more or less injured Mr. Fisher was one
the proprietors of the New Haven line Of
Mail Stages.
By reference TO the testimony given be-
fore the Coroner, (which we give at length,)
it will be seen that no blame whatever can
be attached to the Engineer, or conductors
of the Rail Road The inquest was held at
Messrs Hendricks Harlaem River Hotel
The first witness called was
Peter A. Osiron. Is collector on The
Rail Roud; the accident occurred abou, 9 o.
clock knew deceased by sight his name
was Daniel Fisher was one of the proprie-
tors ofthe Eastern line Of stages; deceased
was driving the mail stage; the stage and
cars started about the same time they came
together at 10Th street witness was inside
one OF the cars; heard the alarm bell ring I;
Mr. Fisher suddenly drew his horses across
the rail road track, the engine struck the
stage across the drivers seat which threw
deceased of, and on getting out witness
found him under the engine; the bell was
rung sooner than usual in consequence OF
the stage being neat, aud to give seasonal
| Bile warning witness saw the stage when
the engine struck il. Deceased. when saw
him, was lying lengihwise on the track. his
head at the forward end Of the engine, and
one arm over the axle the body had passed
under the truck, $50 called); the engine was
/ going at the time at a very slow rate, much
slower than common assisted in taking de-
ceased out; be was able 10 speak and gave
directions relative 10 the disposal Of the
mail deceased al the time had his senses
complained of great pain; be was first taken
10 Mr. Phillips public house, aud thence re-
moved to this house.
Question by counsel for the Rail Road
Was there any particular necessity for de.
ceased 10 cross the track al the time he did
A. There was no necessity at the time.
Q. Would not a slight delay have proven
ed the accident2
/ A. If he had delayed one minute the nc
oidenl would not have happened.
Victor NJ. Chapman-ls barkeeper for
Mr. Phillips the accident occurred, | be-
lieve. about nine o'clock this morning was
on the stoop when the accident occurred; il
was not more than 20 feet from where
stood saw the locomotive aud mail stage
coming along together; the driver OF The
stage attempted to cross the track when
bout % feet ahead OF the engine saw the
engineer attempting TO stop the engine; is
not positive whether heard the bell have
no interes, in the railroad the accident wa:
wholly unavoidable on the part OF the engi
neer, but the blame is only attributable tc
the driver Of the stage (deeeased) deceased
had his senses at The time he was brought
into the house; saw a wound in his fore
head believe that his knee also was injured
i James Beatty-Was present and assisted
in bringing deceased from Mr. Phillips lc
this house on the way down he was asked
he could blame the engineer for the acct
dent; he replied that he could blame no one
but himself-it occurred wholly through
his own inadverlency; Thomas Bell, John
Johnson, Mr. Meigs and witness, were
the persons who brought him down; wit
ness also waited on deceased after he CANE
here
Frederick Hendrick-Ke Keeps the house
where deceased died deceased was broueh
here shortly after the accident; first saw de
ceased at Mr. Phillips house; deceased ex
pressed wish to go 10 my house. and was
taken there; asked him how it happened; he
replied, mo one is to blame but mysef-i
was my own carelessness;; !" said. II must
die--feel for my watch | found his
wa,eh-he said, keep it !" had him in INV
own room; we stripped him he said take
my pocket book; : did so stated further