New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-29
NEW HAVEN RAILROAD MURDERS.

NEwHAvEN RAILROAD MURDERS
Rel oried for The n Y Tribune.
DANBURY, Friday, Aus. b ls'S.
TIE Cunt convened at O'Clock tbs morning. large
nun bsr persons in the Court room, many Of Thon
were lAcss large number Of witnesses examined
as to the general character of the defendant those testify
for suo z inst him were about equal At the conclu
s.r 81 be evidence,
Mr. VIM F. Taylor States Attorney opened the
for Il pro secuiion. TIE following the points
That killed
That 'hst ulsD Archibald Welch
That the in date by which death was caused
were by hs plunged through the draw in this tram,
wherein h. WAS passeIger
That prisoner IS the party killing
That prisoner Conductor.
That be was IN the TT .in
That The draw lawfully open and the train behind
That n prisoners duty 80 Conductor required him to
.,ercs. great and exceeding in approaching
this ciaw.
The rate Of speed at which the train then proceeding
was safe particularly upon this portion OF the road
ara that prisoners duty such Conductor red him
to sgDaze by the strap of the Engineer, and him to
ohesb the speed.
Thst pr.6r er failed to co. and although be that
tin urCocupid it'll any other duties
The bell and the strap attached to and com nunicating
with IT, are used prepared AID designed tor that express
Tie prisoner in falling to perform this duty in particular,
was guilty Of such cartlessness to render him liable
These were the min points on which he argued.
Mr. +. X Foster OF New Haven, opened for the de-
shos want Of caution on the pait Of the Corporation
bis client lot chsrgeaole with that OMISSION Some
act ust b. perpetraec the fact Of omission
iufiti.nt to sustan charge sought to be proved
against his client lie then quoted several authorities to
su.ian bis position He argued that the blame rested
With the lerson duty Suppose the engineer should
FL ssesP would the conductor b. held responsible lie
oaDerdtd thai the duty Of tbs engineer, when he
did net see the bali, TO stop.
Tie Conductor justified in supposng the draw was
shut the Of speed has not been proved 10 have
been uIusus he would not have been Justified IN arrest
in hs speed of the train unless that speed haz srdous
to III. degree md the train ben going at he rate of
Ory miles per hour, II would have done 10 good 70 have
reversed the eDgnes He rever knew train to 20 al so
great rate Of speed, ard still be eight minutes behind
me III tben took up the various points OF the evidence
fer the defence He conendd that cannot be supposed
tdat CencucOrs command tbs engine the Easineer
uust lo ahead There il too much obsu ucuon ON tins
road 10 obeTve signals fairly Mr. Fosters argument
conducted with much ability, aud It'd on the Jurors
The l.aoirs points bsve given abovs lie closed Win
the sig fcant remarks thGt the Public road hare sped
If IN. Public will travel by railroad they must taket with
it Consequence. And so or As the materials used by Us
irail aud imperfect there viii be accidents
Mr. Ferry on the part Of the state responded and bis
open IVES grand Gentlemen OF the jury, stand here
"bety living and the ead l am here to maintain
al" msstty Of the la the security OF the ares and nap
yihGs u he people, His imprisoned appeal, on behalf
Of Inc hv sufferers by the terrible catastrophe,
drew from many eye in the crowded court room
and when be tod Comstock that the dreadful recoec,
H. Of his gTos esg.nce AID its consequences, would
oIg 10 him all through life, the unfortunate man wept
like ohld The following the leading points Of his
brilliant argument;
l. That DR. Welsh fwhose homicide was charged in the
inormsiioD) persisted in the Calamity in the manner al
legeo.
That the prisoner Conductor OF the Train, and in
the exercise CT his flee sfthe time.
3. That the Train out Of time.
l. That the draw was lawfully open.
The information contains three counts the trst stating
particularly the duty Of Conductor sverrng that The
Train Of time and that the Conductor negi-
gently performed the duty imposed upon him, and caused
md train
less rate OF speed As to cause the calamity
The second count was substantially hs the frs' omit.
ting the allegation that the train out OF time and that
prisoner casstd The train so to run &c.
The third count charged generally that prisoner was
Conductor &c and negsenty discharged his duty as
Conductor and permit the train TO 9Th such
r0yrdify as 10 occasion the accident
The charge is Manslsughteri sud one in the perform
Of lawful act so neggently depor himself as to oc-
csson by bis the death Of another whether by
omission Of duty, negligent commission, il Is Man
slaughter
Tie following are the suhosities to which reference
had koscoe Grim Ev III 7l2i Russ. Crimes, ei7,
CAS-; Arohbod sol Revision Sec Dig, 800, e67 Walk.
ers case IL + { l. Soc Grants case IS +. e. l. 500
Cars case, "a L {. l., 33G; Msrnotts case, it 100
IS Gaze 81 Z. Z. l., 367 Am Law Reg, No :. 'ol ],
Ax negligence Of employees railroad trains is gross
Ttere are three principal questions OF fact
What rate Of speed Is the exercise OF due care and
caution IN approaching Norvalk Bridge
1t Is claimed by the State not to exceed ten miles per
hour by Mr. Whistler not TO exceed twenty miles
IrIiNNI.
Whist vas ibe actual rate Of speed Claimed from
evidence 20 have been from thirty 70 thirty miles per
hour
Wss,hs duty of Conductor to check and control this
sTetd' Claimed hat II from all the evidence, by
means Of he 80 nsl be-, and cord cunning from through
The cars.
iWss admitted that be did not a;smp. either to check
CT utTci
the sw ard evidence be claimed on the part Of the
state. The responsibility no- rests with the Jury.
Tie Court ;oen sol urued 20 meet sgsn Q o'clock to-
uoIr,V noHs sntn Ar hawlsy, the part Of the De-
lei Gait vii denver he cl0sIg argument Ia Connect cut,
- IL BE- By the above counsel for the dsf-uGsnt
has TIE right o. delivering the closing argument This rule,
believe colaTy & The practice in every other ate
cfths Union sid also 70 q Il Il the Eogsl Counts This
iAw has iorcs IN Connecticut for about three
ivuE y,srs l.
DASBuRY, SATURDAY Azs 2. iss1
Ccurt cpsred At 4. =. On S.saFdsy morning., bei1rs
Ju'gE Isy'or
III. Counsel f.r he Sfse hsvsz coneuasd The summing
CT i,r p p rrnf.tu'irn Ol frcgT evening,
Nr flts haslfy, - ts a--nte, e'nul-I csi 10 ar