The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-26

sited, as thought tie cars nigh. run or; aaunot
tell whether the locomotive struck the opposite abas
ment or not she struck the water very near III saw
her az she lay IN the water and should not think she
was over two feet from the abutrnent.
Cross examined am engaged in m manufacturing
mineral knobs; my factory is about three hundred
feet north or the draw; knew the draw was open
before heard the ears !. had been open ten or NJ
teen Minutes; did nothing till after the cars went
on; was packing knobs when first heard the ears;
the cars were very near the abutment when saw
them; did not notice the whistle; ] could not see
them until they got into the abutment; should
think it wss one hundred and fifty or two hundred
feet from the abutDent 10 the draw; il may be more
or it may be less; the locomotive appeared to 90
quite good distance before she settled IL was the
pretiicst sight yon ever saw; the abutment was Ia
plain sight, should think the locomotive went ten
feet or more before she settled should think she
was level until the driving wheels went of the track.
Nathan Robcrts-Refide in Norwalk was stand
ing ON the wharf, north side Of the bridge: it Is
about 500 feat distant from the draw; the draw Is
distinctly visible from the wharf; saw the train go
of; had Just been aboard Of the seaHbost, and
she had gone through the draw; heard the whistle
twice very distinctly, and looking up j saw the
smoke pipe between the new tower and the building
occupied by the draw tender; spoke to myself and
said, Good graciousl what will they DOR drop
| ped my umbrella and basket the wharf, and ran
down to the wharf; while running they went of;
thought the locomotive did not settle any until The
driving wheels left the rail; thought at the time
the locomotive struck the water six or eight feet
from the opposite aDutment; saw the locomotive
afterwards in the water: it lay the width OF the cow
catcher under the pier; the bumpers close TO
the abuimeDt; the piles the pier stands ON were
stone, Of the bsness of the cowcatcher; saw IL ~
ing there In this way the same day. the train went
OF at higL water; the water about eleven feet
deep; the signal bah was down.
Cross examined Perhaps was 20 feet from the
boat when first heard the cars; was not excited;
| my object in running down was TO pick up people,
| who thought, might be plunged into the water;
kept my eye, while running, on the train until it
went off: the ORA. had been open about ten minutes;
the engine was raised three or four days after the
| cdent; the piles which support the abltment are
eight or ten inches across, and there was no space
| between them more than foot; the c0wcatcher is
about three feet long; 1t Is made of iron bars about
| one and half inches square; the oowcatcher was
| not injured.
Capt. T. T. Coe-I had started just previous to
this from the upper deck, to 90 down under the
bridge, and bad got about half way down when /
heard the cars; heard two sharp, short whistles,
and looked up and saw the bridge open; the signal
| ball was down; stopped as they came on TO the
bridge, and looked al the train: the locomotive
struck he water full three quarters OF the distance
across the draw shoud think the draw is sixty feet
wide this was high water; the water is from ten to
twelve feet deep at high water; should think that
it is about ten feet from the track to the surface Of
the water; I saw the locomotive at low tide the
same day; it lay very the abutment, but cannot
say whether It lay against IL; the locomotive went
very straight short distance after it left the track
according TO my best judgment, the speed Of the
train was full twenty-five miles.
Cross examined-I was probably eight rods from
the bridge when the train went off, stood still till
it went of; saw the trsin as soon as heard the
whistle; it was close by the west abutment; IL is
about $50 feet from that abutment to the draw do
not think that saw any one jump off the train;
did not divide my attention between the train and
draw; kept my eye on the engine.
Geo. W. Whistler, Jr.-Reside 10 New York; am
Vice President and superintendent Of the New York
and New Hsven Railroad; ! was Superintendent of
the road at the time Of the accident; COmstosk
0HA1v ypxn 80
ny. 1.-THE following was read by counsel for the
State "All trains must run with care in approach
ing Norwak Bridge. Trains going east from Nor
walk station viii move around the curve VITA ex-
ceediDg care, and conductors OF trains out Of time
are cautioned about crossing the bridge; they will
be held responsible for the safety of their tainsl
The conductor has the general management of the
train; the other persons employed upon the train
are subject to the conductors orders; there was
signal cord which ran through the whole train and
communicated with the bell on the engine; the con-
ductor can at any time by means Of that cord stop
the train 70 to give orders if he desires to eng
neers are bound TO obey all reasonable instructions
OF the conductor; the company recognise the con
ductor as N the authority Of the train Of which he is
conductor; the grade from the depot to the draw
bridge IL twenty feet TO the mile; the bridge is
| level. Q.-At what rate Of speed could train 60
| ing distance of 564 feet he stopped? Al can
answer that question better by giving the result Of
grade of twenty fee. to the mile. The engine with
which experimental weighed A 800 pounds; we
had three cars attached. In going twenty miles az
hour we stopped IN going 426 feet; the train to
which the accident occurred had q baggage car
smoking car and five passenger cars in my opinion
this train could have been stopped had it been go
ing twenty miles an hour; in giving this opinion
take into consideration the state Of the track. O..
Have you not said that this train conld rot have
been stepped had il been moving at greater rae
than ten miles an hour?
Objected to upon the ground that the prosecution
could not prove by their own witness statements
made by him out Of court.
Objection sustained.
The train could not have been stopped had it
been going thirty miles an hour the engineers
name was Edward Tucker: the signal on the bridge
was To be down when the draw was opened the
engineer must the signal before he crosses the
bridge or stop, and il makes no difference whether
it Is foqgy on not; Tucker had run down the day
before: he had been absent during the year previous
in California; the draw is sixty feet wide the
average rate OF speed upon that train, deducting
stoppages and slowing at bridges, was thirty-fve
miles an hour.
Crossexamined-- engineer has his instyuc-
tons as well az the conductor ard is furnished with
copy OF the res by the company; it is his duty to
keep look out for the track and signals, his posi-
ton IN the train is the best Of any one for that pur
pose; and be II the only one who can see the sig
nails and ostructsns; there is kept directly in front
Of the engineer printed notice to look out for draw
bridges; the conductor has no power to give ag-
nails: In running upon the road and approaching
dangerous points, the engineer is expected TO use his
discretion; the conductor is not expected to know
the management and power of the engine: he does
not have the appointment Of engineers; appoint
them; what | mean by the conductor having the
control OF the train is that in case of conflict Of
authority the conductor has paramount power; the
conductor has no power TO direct the engineer in
running his engine the conductor Is to check the
speed Of 1t when If is too great it is the duty of the
conductor 10 see 10 the passengers, start his train
take the fare, and see that the train stops at the
right statons he is not in position 10 Zee 70 the
switches and distractions i. il not his DUTY 10 look
out for signals; he could not look after signals and
discharge his other duties. Q.-What do yon un.
derstsnd by the rule Of the company which hasbeeu
read
Objected 70 by counsel for tie State, and oijec-
ton sustained.
Q.-Have you ever given verbal explanation OF
this rule 20 the conductor
Objected % by counsel for the state, aud oluec-
ton sustained.
Q.-Haye you ever given him any special instruc.
tons about crossing Draw bridges when trains were
cnt of timey Al have.
O.-Why have Won vivcu such In structions2