The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-27
RRtRTiNT RAILROAD INVESTIGATIONS.
The Slaustitrs on the New Haven and the
Providence unG Worcester Railroads,



9s.s.l NJ Cs.aries IL Uenassocik, tho Conductor,
sh~susa VIVA MansiAughsor.
GrArr Or CossEorIsUr VS.. CHARLES II. CoMa-oox
pefore tho County Court now in session i'll Danba-
~. Fairfield eounty, CT, Hon. Ed ward Taylor,
presiding Judge
SECOND pay s PeccEEDyGs-AU0. 25 1853
The question proposed 70 Mr. Whistler wa, with
drawn.
make the rules ard regulations Of the road it Is
n my power 70 alter and vary them it is conpe-
Tent for me give verbal instructions to conductors
and engineer. Q--Have You given Comstock in
strucols with reference to crossing NorwaIk bridge?
Objected 10 hecanse no instructions would operate
as justihe alton 70 the conductor. Objection sus
tanned. The Court having excluded the inquiry. the
counsel for deeI cant here objected TO the rule Of the
company eftre yesterday, claiming that the
charge for causing the death by his negligence. the
rule u the company has no connection with the
It was claimed by the counsel for the State that the
same is admissible, because notwithstanding Comstock
liable at conmou law for his negligence re had be
fore his eyes warning to beware in approaching
this dsLgerous point oil the road. The Court fe-
marked that he deemed The regulations Of little i'm
p0rtsnce any way. He thought that the admission
of the rule wculd act inffot any hardships the
Uelc00hht, III OpinlO0t tNe case WAS VI De 20
verhtd by the law Of the and, and not by instric-
ti0ns u railroad company. Objection Osetrued.
Q-What dangers aid You intend to guard against
In establishing the last clause OF the third RUE
Objected t., aaG objection overuled. Al Intend
ed to guard against trains meeting upon the single
track the bridge, when the trains nj time
Tucker had beeu on the road as engineer two years
or more was ab-tn lit abe ut year and then returued
when n hrst came, he came as an experienced en-
gineer he hid had al experience OF fifteen years
he was regarded a competent man had toe Train
been going a. The rate vi forty miles hour, the
conductor coc pot have stopped il by any means in
his power; thick that passengers cannot usually
tell thf rste III VIII trains are moving think the
conductor ought 20 estimate with some degree of
curacy the spteu OF the train / think,
general thing, the engineer would be more accurate
in his estimate the engineer has control of the bell;
the bell to which the cord is attached. running
through the train, Is signal bell; the signal end Is
for any one to give s2nal in case OF an, dermge-
ment In any one 4 the cars behind the eaglne; the
signal i0sihes the engineer 10 stop.
Direct alton resumed-C0MstocE hal been
running upon TIE road since it first opened ia
December, las, he was an experienced CONDUCTOR;
should think C0nl-tock might estimate the speed
very accurately; sDow men Of long experience VINO
cannot; Tucker WAS not discharged IN consequence
OF collision the year previous to his return TO the
cOmpsny; the collision WAS indirectly the csle; ne
wAs not dis g aged, because he was recognized rs
beirg n, tina, time under the control Of the conductor
(Th+ witness not knowing the circumstances con-
nected with that collision, bis evidence upon this
point was exc)uded) The conductor may check tine
tran 1t any time, If the speed should be too great;
the signal cord Is not for the express of the
duct0r, but for any one OF the passengers IN Ut
danger; the tram is under the sole charge of the
conductor; the morning express train STOPS be-
tween New York and New Haven, at Stamford; 1t is
eight miles from stamford to Nor~aik; It IL seven
and breeqnar.er miles from Thrty-second street %
New Haven; the conductor hiss no special dutie, to
attend to after taking the fare; it Is customary to
take the fare Immediately upon leaving station;
txain behind tine is cut Of time; the Cars leave Thir
ty-secOnd street AZ half past eight O'Clock A. M ar
rive st New Raven at eleven a. NJ the Norwslk
dravbri0ge Is a dangerous place on this road; the
engineer II the person 10 regulate the speed; what
mean by this is that he runs In accordance with the
time table and according tc his Judgment be Is the
judge OF the speed with which he il ~ run IN the
road ard make MS trse; the intention of toe third
rule N that conductors Will be held responsible the
speed ot the tain, ii the engineer comes upon dan.
gerOus part Ut the road at dangerous rate OF speed
ia the duty o. the conductor 10 check the speed by
means Of the bell rope.
Professor OliDstead-I am Professor Of Natirt
Philosophy and Astronomy in Yale College; some
years attention 70 the subject OF MATTE natics has
made me familiar with the science; II the statements
with reference to The distance which the locomotive
leaPed. and the distance from the rail to the
were uniform, there would be no difficulty IN sscer
tanning the speed OF the train.
The Professor having been supplied wi,h black
board explained ut great length and with clearGess
the method II ascerfaining the speed Of the train.
Assuming the draw TO h I'VE been sixty feet WIDE,
the surface of the water ten feet below the track
and the tire Of gravity in the engine TO have
fifteen feet from the front end Of It, the speed Of the
train wss % s. 10 miles per hour The method pur-
sued b. linn. tue data being given, would produce
result showing accurately the speed ofthe train sup
posing the given data to be correct After The close
Of the Professors direct examination he was SUBJ
jeCted to long and critical cross-examinatisn but
nothing WA elected which could vary the correct
ness Of his calculations
Frank 6nitb-Reside in South Eorwslk; saw
part Of the locomotive 1t lay in the water two Or
three dsys after the accident should suppose the
forward part OF it to lay close TO the PIER the piles
which support the abutment were broken In; 1t ap-
pearsd a. II the cowcstcher had struck the casing
the piles and slipped under.
Crossexamibed They were taking the engine out
Of the water when saw 1t; two of the rods of
the oowcatcber were shifted from their place
Talcof Toby-Reside Ill South N0rwalk; saw the
locomotive in the water after it of the engine
was close mp to the casing of the piles and the casing
was broken; saw that or two Of the rods Of the
c0woatcher were shifted out of place.
James Renaud-Was engineer Of the steamboat
Pacific on the day OF the accdent the &C ident;
il occurred little after ten clock in the forenoon
eight Or ten minutes past; the draw was open to
permit the passage of the steamboat; the boat had
gone through two or three hundred feet from the
draw.
Croesexamined-Tbe signal was down ten mi.
nutes before the draw was opened We were two or
three minutes in going to the draw from the dock
train came.
william Hsrford-Was draw tender at the time of
tho accident; the tram was behind time eight or
nine minutes; the ball had been down ABOUT ten
minutes before the draw had been opened
Alfred ChIcbe-ter-I reside IN South Nor walk and
was In my store at the time Of the accident; I
thought the trs going At Its usual nate Of speed
did not know the draw was open.
DslAlot Hoyt-Was aSuarfer Of mile south of the
depot when the train passed; thought il gong
with great speed; my attention was drawn T. the
speed Of the train and from that looked the sig
nal, and IL was not TO be seen.
Cro%examiLe0-I live about mile south Of the
depot, am farmer; saw this morning train pass
frequently; II passed me near the cut; watched it
tan IT TUNED the curve around BY the bridge the
train passed within twenty feet OF me; have been
near TO II frequently when it has passed before;
there was 90 .ackening Of the speed a. long As it
remained In sight
Samnei Bscksm-T was north Of the bridge. near
tho upper dock, at the time OF the srcident; /
saw tbo tram go OF the draw should think the
locomotive went tw0tnlrds OF the way across the
draw before IL struck the water.