The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-26
VIZ NEW HAVEN RAILROAD ACCIDENT.
psfns Of On 2slss III. ComstseIx, the Conductor,
charged WIN Msnssaughtev.


ByAys or CossscrICur We. CHARLES II. CoxsrocE.
Before the County Court now in SESSION in Danbu-
~, Fairfield county, Ct, Hon. Edward Taylor,
presiding Judge. "
The defendant was the conductor Of the Inflated
tsan which ran of the drawbridge at Norwalk. on
ne New Haven road, in May last Immediately
sVer Che rendition OF the verdict Of the coroncr's
Hry, which assembled FOR the purpose Of enqriring
uao the esuse Of the death Of those who were killed
sy that accident the defendant, together with the
sugineer Of the train, Edward w. Tucker were ar.
rested and held to bail for their appearance at the
present term Of the Court in the sum of SIS 600 each,
10 answer TO the charge of mansaugh,er. Tucker is
unable his physician certifes to attend court at
tAis time.
There are three counts in the Indictment against
genstock, each of them substantially alike, bat all
charging him with msnslsughter, in having, by his
arelessness and negligence in conducting that train,
caused the death Of DR.. Archibald WEIGH, of Hart
hrd, who was passenger in the train and was kill-
cd by the accident. Consteek is ably defended by
Ms counsel, Hon, Charles Hanley, Of Stamford, and
Hon. T.. K. Foster, Of New Haven. The prosecution
h conducted by Orris s. Terry Esq, OF Norwak, and
William +. Taylor, Esq, States Attorney for Fair
Held county
This case was commenced the Gath of August; and
notwithstanding the time which mas elapsed since
fhs occurrence 81 the accident, the court house was
crowded by citizens Of this and the adjoining towns,
who were attracted here by the interest felt to hear
fm themselves and judge OF the causes which pro-
daced SO terrible disaster.
The dsfen Cant having pleaded not guilty TO the
Indie alent the jury, after little deiay-s0me OF
Haem having formed an opinion IN the case-was
empanneied, and the prosecution proceeded to call
0ejr Witnesses.
The first witness sworn Was
Hon. Thomas b. Butler-The measurements were
made by Harvey Smith, Mr.. Hyatt, who was chairman
of the committee OF the Legislature, and myself; We
measured from the deep cut, below the Norwalk de-
pot; We took the eastern track; we commenced at
he FIRST place where the signal is visible, nc little
distance above the cut, TO allow for the elevation OF
Ae engineer upon the engine; from that point to the
west abaiment Of the bridge is 1885, from the start
ing point at the cut, the ball is visible for 800 feet
canning east; ii Is then partially obscnred by in
RTyeniDg tree about 100 feet; then plainly 10
yew for distance Of abort 800 feet; then obscured
~ another tree for about Ice feet; it s then visible
er distance OF 400 feet; from that pom. it Is OBJ
secured by buildings unt the road crcpses the high
way this side of the depot, where It is visible
about SO feet: the highway is 800 feet from the
draw; il again becomes visible at the distance
Il s64 feet il ia visible TO the engineer than
upon the track if the draw was open, the north end
q she draw would be seer sooner than if closed; /
q net know what the grade from the depot to the
bridge is; was not in NorHalk the day of the acct
Dent until p. NJ.
Harvey Smith-Am al present superintendent
Of the D. and \. Railroad; am a practical
engineer; we commenced the measurement in the
ont at the High Bridge; from where we COM
Asntea the measurement TO the west abutnent OF
he bridge is $685. feet; fron the vest end OF the
draw, 3,4S9. (rhe evidence OF Mr.. Smith with
reference to measurement IS substantially ike that
q Mr. Bntler.) Have been engaged upon the Hart
1sr1. Providence and Fiahkil Railroad.
C~-What are the duties Of a conductor Objected
b. On the ground that the State must prove the du
fes on the New York and New Haven Railroad.
Objection sustained and evidence excluded.
Gross. essmned-The bali is visible ut distance
Of 5S4 feet from the draw.
DR.. Asel NJ Huxley was q passenger on the
hain ~ the tame Of the accidents there four
conductor was Colnstock did not discover that the
spsed Of the train less than upGn safe portions
II the road; my opinion is that the speed vas not
sRckened; my attention ges called to u at the time;
was in the hind car; there were two and about
oae third OF the passenger cars that went Of the
draw; it was my impression that the speed, at the
time Of the accident about the same as upon
afAsf portions Of the road. although my attention
Ua4 not particularly directed TO the subject Cross
s1amiaed by Foster.-I reside in Goshen, Itch
1eld county; am not much accustomed TO rail
rad travelling; this was the second time
hat ] was on this road am not familiar
wish the points the rOrlte; ] had Just
taken paper to read, and my mind was not partlcu
hsy directed 70 the momentum Of the train although
fbcnght the speed was greater than that OF the
Aan by which went to New York.
noking car; think that the speed Of the train at
1se time OF the accident was not slackeDed; the
aneking ear went into the draw and partly into the
wster my attention was called to the speed when
We were passing the station By first impression was
That We stopped at Norsalk, but II occurred to me
that We did not and L,then thought we were pro-
eeeding al rapid rate; saw Comstock shortly after
We left Stamford, but how long before the accident
cannot tell; have been over that railroad several
Umes do not know the ordinary speed Of that train
We leave New York nj S A. NJ, and arrive ct Ne
haven at ii A. NJ, should think the train leaves
Tbnsysecsnd street At 81 A. NJ: the distance from
New York 70 New Haven Is over seventy niles.
CTOee-exanined by Mr. Foster.--Dr. Ives was with
ne; had been to the medical festival the previous
evening there were Elk or eight and possibly ten, In
Me smoking ear; aid not discover any slackenug
a the speed after we Left Stamford until heard the
engineer whistle; had ii not been for The fact that
supposed we were going 70 stop 81 Norwslk sh,Eld
net have noticed the speed.
Direct resuned.--The whistle was followed ilnme-
dsately by going of tie draw.
DR.: Andrew Castle WAS on the train, in the
sSxrth passenger car; did not discover any sackcn-
ing the speed before the calamity occurred; before
We stepped ct Stamford, ] called the attention Of a
gong At an unusual speed, but did not observe It
afterwards; ! reside IN Woodbridge, Connecticut
tads occurred on the eth OF lag. May.
Cross-exayn,ned By Mr.. Fostcr.-I am not much
accustomed 70 railroad travelling; have been over
9is road three four times; was not occupied a.
he time Of the accident
DR.. Gaylord g. Bissell.--I was passenger or this
Nsin, in the rear carr did not observe any sacken-
Ing Of the speed in approaching the draw; consi-
Sered the train a. proceeding very fast, but my at
hntisn was not called to il In passing Norwak did
LET observe any difference In the speed when ap.
preaching the bridge and on other parts Of the road.
Cfossexamined by llr. Fos-er--I reside in
Bethlehem Connecticut have been over this
road half dozen times; | did not hear whistle Just
before the accident; there may have been varia-
sson Of ten miles an hour without observing it; I
should not consider myself competent 10 state toe
number OF miles per hour at which the train was
going at any time that day; was in company with
some friends, but not a; that time; Vas not en-
gagged in reading newspaper; the speed OF the
tran did not occupy my attention al Tic tine Of the
accident.
Edwin BoIlss--I reside In Baitfard; was in the
lsst ear; did not perceive any alteration in the
speed Of the train when approaching the draw; We
were going at a rapid rate; | die not notice any
whistle; am frequently over this road.
Crosse xaIniDed by FoNter-I was alone that day;
var mot occupied In reading; think the train was
yslng fHll twenty-five miles an hour: ii was going at
. sass rate; there were times this trip when the
GyyePd the tfai 1tffercps. Z tall