The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-29
IMPORTANT RAILROAD INVESTIGATIONS.
oN>N~~,~~~~>~~~~~~~>>~
NE SlaBshters On the New Haven and the
Providence and Worcester Railroads,
&c, de-, DC.
NE NEW HAVEN RAILROAD ACCDGNT.
THE JUDGES CHARGE.


ssi~i OF Charles II. COmssoek, the Csnd actor,
charged with MaAslaughaer.
HnAW OF CONNECTICUT vs. CaARLRs I'll. CoxsrocE.
BssGTs the County Court now in session m Danou-
w, Fairfield county, CT, Hon. Edward Taylor,
presiding Judge.
ynmp DAYS PRocEEDRos.
August 20, 1853.
The exa ninstion upon the par, or the defendant
Was continued ny recalling
G. E. Simmonds-Tucker had been RAINING On a
soad the year previous engineer, and until the
accident at Horeneek and then left; he had been in
he employ Of the company for abouttwo months pre-
yious 10 this accident; he had been in the shop for
Sbou. week previous to The accident before that
lad run the haifpsst three express from New York;
be wss az experienced engineer.
Gross examined Theihalfpast three o'clock, P NJ.
express train stopped at Norwalk.
George p Sanborn-i am supervisor Of The New
yOEk and New Haven railroad have been &C
suainted with the defendant for about four years; his
character as sklfu competent and cautious eonduc-
tsr is good have been in situation TO know; it is
NE engineers duty to look out for distractions and
signals in regard 70 running train; think the
curve at Norwak may be passed in safety at the
rate oil thirtyfve TO forty miles an hour, provided
the draw is elesed, and the track in good order
reached the Of disaster the day OF its occur
renee about 3 p. NJ; think that the locomotive
was out of sight At that time, and during the remain
der Of the day was present at the raising; super
in1ended IL IL lay inclined towards the pier the for.
ward end lower than the rear; it three feet
more from he pier; think the cowcatcber could
cot be from the track above; | put the sheet
pitng around the piles; have not seen the piles
since then the cowcatcher could not nave been
driven into the piles without damaging il.
Gross examined-The casing to the piles was
broken; it was twoinch plank; the cowcatcher
was apparently bent by striking the sheet pilng my
impression lie, that the nose Of the cowcatcher was
Inclined into the mud; the pier was started TO the
east; the pier was constructed Of series Of piles
capped vita twelvs-inch timber, as near to
Ne mud as it could De done; the stone were placed
sn top OF the coping stone. and rip raps were put
aSoaRd the piles, and the sheet easing was built
around The stone and piles at a distance Of three
bet; the water is from four to SIX feet deep at low
water.
John s. Pickering[ reside in Danb1ry; am an
engineer Of the Danbury and Norwalk Railroad and
superintend the repairs; have been running engines
about twelve years; ! am not familiar with the
curve At Norwalk, excepting as have been around
y On an engine; should think that it would be per-
feety safe 10 go around it at the rate Of forty miles
m hour.
Albert Jenkins-Am baggage master on the New
Haven road; was acting in that capacity in the
kain which met with the accident; in coming
through the cut below Norwalk there was che *
tain about opposite the button factory; did not
receive much injury should not think the train
was going more than fifteen miles per hour.
Odd Mr. CoRastock 60 into the water with the
Objected 70 BY Mr.. Terry, upon the ground that it
was wholly mMaterial whether he die or not The
sesndani not charged with willul neslselce, bat
~ suse Grelsszasss A"a nee.rsnce .aai ieatA
r.s .ns Kpk
Mr. Hanly- Suppose that 4 man is charged with
uuff f.p 1xpfr ctasIrr ,Acfgp l,u M
show that he drank it himself, Tor the purpose Of
showing 10 wiitu intention on his part!
Objection oyerruled, and question permitted.
Al do not know OF my own kno Wedge; saw
him after the accident. and he was very much in
jured; he was bruised, and his face badly cut his
character as skilfGl and competent conductor
stasds high.
Cross-examinsd-I was on thc platform Of
NE first passenger car when We we're coming
fhsoueh the cut I put the brakes on TO
The first passenger car in the cut; l was re-
s1iTsd TO brake up in coming TO stations; there Was
NJ signal given to brake up in the rock cut; am
nos certain whether put the brakes on 70 the bag
rage car or not we required to brake up before
soniBg to stations without signal; have printed
regulation of this kind the Boston baggage cars
came next to the engine, then the way baggage car
and smoking carr the speed OF the train before i
applied the brakes was thirty to thirty five miles per
hour; released the brakes nearly opposite the sta
on house; the application Of the brake checked the
speed perhaps fifteen miles hour, and perh APPS ut
~ much, have conversed with one about apply
ING the brake in the cut, and have not told OF it till
Hsw; j may have been two hours after the accident
before saw COnstock; II was always customary TO
hsake up in passing through the CUT no gave me
any regulations TO brake no without signal; it
custom that had; broke up there the day be
FORE; ] do not brake up at Westport or Fairfield.
Michael CoHgan-I am switchman at Norwsk
station il is my duty to give the switch signals by
waving flag that the switches are all right; have
seen at that station since year ago last February;
NE train was not going at more than eighteen miles
m hour when IL passed the Norwak station; went
by there much faster at other times than this day;
heard the engine blow back at the cut, and when
II passed me the engineer was shutting of steam.
Crossexamined-ph train may have been going
twenty miles An hour; | do not think it could have
been going twenty-one miles an hour; the whistle
When heard was the signal for approaching sta,
Ast look Tor the fireman. the engineer standing
~ We window; he was looking out OF the windo y
u front OF him; he shuts of steam by taking hold Of
he lever and showing it up.
George f. Smith, am baggage master At Nor.
Walk depot bold white flag at tae east switch on
NE approach of this train; did this day; can
the train that day: should think it was going from
twenty 10 twenty-three or twenty four miles per
hoaT; heard the whistle when IL came through the
cut; there was the usual sackening Of speed on APP
preaching the station; Comsocks reputation is that
Of . careful conductor.
Crcss exsmBed-I came from New York 70 Nor.
waIh last April; was q carman in New \ ork; am
N the employ Of the company now; the opinion
which form Of the speed, have formed from riding
N the cars and seeing them pass; the train was go
ing at the rate il usually goes around that curve.
John d. Ferguson--Reside in Stamford; was on
board the train at the time of the accident; in
the fourth in the front seat; Immediately after
weicft the Stamford station ] looked at any watch,
and wanted ten minutes to ten; as we approached
kcrwalk there was single long whistle, and felt
eheeklng OK the train; then looked at my watch;
~ was tmee minutes past ten; a. we passed the
curve there were two sharp whistles and jrnme.
dately felt checking Of the speed.
Cross examined do not know whether my watch
agreed with railroad time that day or not the seeed
Of The train was sensibly checked, but cannot tell
hsw much.
Gso. W. Whistler, Jr.. recaed-A knowledge Of
mstye is not necessary in conduc Tor. fhe AVERAGE
rate Of speed between Norwak and Stamford was
sc 8 10 miles per honr.
The testimony on the part of the defence here