The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-27
The Hrst witness called Wa

Va OStVuCts Wucu IeABuco Su> OAAo0s ous ~ suS
request Of the directors retained the Office bat With
the understanding that should lot be compelled to
discharge the duties OF the office: there were few,
any. regulations OF the company with winch was
not familiar have known Coust0ck since 1916 or
lS47; he was conductor on the Housat0nc road at
that time, and when the New York snd New Haven
road Was opened he was offered an appointment
upon that road
O-What is the character Of Mr.. Cornstock for
conn eteDcy. skill, care and caution conductor
Objected 70 and objection Overrultd.
Al considered Mr.. Comstock as an intelligent
man, and very careful In the management Of his
ductor was high; ! have often travelled with him;
the conductor has the general management Of the
train; each man has his duties to perform the con-
duct,rs are to see To the passengers, collect the
fares look after the internal Affairs Ut the train
that the train starts from stopping places at the right
time aud see that his train does not on the time
OF other trains would be his duty to report to the
superintendent II any Of the men the train failed
to discharge their duties if he were to be relied
upon to look out for the track, he would be likely
TO lead the train into danger; In cases where 1t is
necessary, he has paramount authority; the engf
Deer the only man who can control tho engine -
he is alone in position for that purpose; it is NO
part Of the conductors duty TO regulate tho speed of
the train between diff rent points; may occur
where conductor may interfere with the rate OF
speed; WAS an officer OF the company at the time
OF the accident Ct Huseneck where Tucker was an
engineer; the Board of Directors investigated his
conolct and were unanimously Of opinion that he
not 20 blame: bis injuries such that he
incapacitated from dlschareing his duties, and we
voted TO present him with years pay; think that
i, il difficult for person to time train with any
accuracy except by watch; 1t would he the duty
Of the conductor GU approaching drAwbridge out
OF time, to direct the engiDeDsn t. stop his train
when another ia due about that time; the particular
object Of the clause ia the third rule which speaks
OF traus out Of time was to guard against collisions
upon draws.
Cross examined think the first paIt.of the rule
conductor should find an engineer running at an i'm
proper rate Of speed II would be his duty to report
him to the superintendent; the time table would IN.
form him when he was passing stations; l should
think conductor with the experience Of COmstOck,
could tell with God deal of accuracy, the rate OF
speed; the approach ~ NOrwaik bridge Is danger.
ous If the conductor should zee that the eI gineer
running at an unut ual rate OF speed. 1t would De
his duty to check it, the system OF signals is such
that the 81 2Dss are visible Ut certain point; IL the
engineer passes that point without giving the signal
for breaking up, the conductor would suppose that
the draws are right; If the draw was closed, should
curve at the rate Of thirty miles an hour;
l should think the engineer would take excessive
care If he passed around such curve. ~ to be
able to stop bis train if the draw should be open;
Ccrorers Jury; was requested to make statement,
and recoeci that stated that Mr.. Whistler WAS
more familiar with the rules than my seli.
Geo. Elmer, called by Stste-Saw Comstock at
l
heard him ana Tucker talking together; they were
speaking OF brake upon one of the cars.
Cross exanined-Tucker shut OH steam in the cut
at the usual pace; the speed was sackened I;
bis character, so far as know, is that OF coInpe
tent and careful man.
Direct resumed-I am in the employ Of the New
York and New Haven Railroad Company; was be-
fore the jury Of inquest and testified there; don't
remember whether was epQuIed OF there whe'h
Tucker shut of steam; / was the engine when it
passed the cut believe til st did not testify before
the jury II inquest that there signal Tor brake
ing up; saw the engineer shut of the steam.
Geo. W. Whistler, Jr., called by defendant-Mr.
Comstock's reputation a conductor has always
stood high for care and competency; If the draw
were clcses train could pass around that curve at
the rate Of thirty or toity miles an hour ssw the
engine when IL taken out; Of the rods the
COW catcher Was bent up.
C1oss-examined-The COW catcher ran its point
into the street png which Is two or three feet out
eide OF the PIER do not recoilect that Com,tock has
complained Of the engineer OF the express train;
the third rule is applicable well To conductors
engineers; If tain passed around th.t curve at 81
improper rate it would have been biz duty to report
him.
York and New Haven Railroad; have been al engi-
Deer for SIX years; was IN the trail OF hch Com
stock was conductor or two years and two months;
was moving the day Tucker was on; Comstock was
always considered q careful and skIfu conductor;
think that train could safely go around the curve
at Norwak Ut the rate Of forty miles per hour; it Is
the engineers duty 20 attend To the running OF his
engine. aId TO run It according to his discretion; it
10 his duty to observe the track and the signals upon
the bridge
Cross ez anined-I can't say when or where
heard il remarked that CoDstock was ekilful con.
ductor; the conductor tell me when Tn start and
when to stop, anc this il all tie power not consd
er he has over ne; be can report NE TO the superu
tendent; do not thIk that am bound to obey him
if be orders me to check my speed.
Abel HanleJ-Am IN engineer OF the New York
and Nm, Have Doll has Hcn.
since the opening Of the road; was engineer on
Comstt cks train for about two years. have heard
1t remarked that he understood the rules well
any other conductor; bis character a. q conductor
the curve at Norwak he safely passed vt the rate
Of thirty to forty miles hour; II Is the engineer 8
duty 10 control the engine and look out for signals
and draws.
speak Of Comstocks character:
G. B. Simonds-Am superintendent Of the mo-
tive power oa the New York and New Hs,
ven Railroad have been in that capacity
road previous to that I was engaged for ten
years 10 running locomotive; have always heard
Comstock spoken of as skilful and competent man;
setting aside the draw, should think the curve at
miles per hour it the engineers duty to attend to
the running his engine and regulating the speed;
in my opinion the conductor has nothing to do with
this; should think, from the appearance Of the
CuBluc hr IL lay IL tuc WaVcI, tObt tue puOt u6O
broken through the street piling of the pier; one
rod on the pilot was broken; the engine was not
very badly injured; the tender lay on top Of the
engine, and the foremost baggage car on top of
that; the tender and lay such position that
person the bridge could not have seen the posi-
ton of the pilot and engine
Crox exnmined-I saw the locomotive as it Lay in
the water ut low tide, and assisted In raising it, the
day on which the train ran of was wet foggy day,
and the track was slippery; had the breaks been
applied to this train II 1t were running at the rate
Of from fifteen To twenty mites an hour, think 1t
could have been stopped in q distance OF five hun
dred ano fifty feet.
James H. Hoyt-I reside in Stamford; have been
connected with the read since the building Of it
was commeDced; have been acquainted with Com
stock since he commenced running upon the road;
his character M q skilful and compe ent man is as
good that Of any other conductor ON this or any
other road.
The Court here adjourned till tomorrow morning
at O'Clock.
Prov idencc and Worcester Railroad Disaster,