Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-05-04
supreme Judicial Court.
JUDGE THOMAS PRESIDING.

| A'"'"""e' SHdtleS <Alicll, Esq.s lor plalh-
tiff; Henry Chaplin and Nat, Wood. Esqs.,
for defendants.
John Bro,c's was recalled, and testified in
relation to the collision, and also in relation to
the effects of his injuries.
Dr.. Workn'an, of this city, testified that he
examined John Brown this morning. and
found one rib fractured, and depression of
the side, in the region of the ribs that were
broken. Simple fracture of the ribs is not
considered a very serious injury, but inham-
nation Of the pleura may ensue, and thereby
produce organic disease. 1t is sometimes i'm
| possible to tell whether there is such infamma-
ton during the life of the patient
DR.. Ta5er, of Pawtucket, examined John
Brown about 4 weeks after the accident, and
found three of his ribs overlapping. Supposed
this resulted from the tension of the long ad-
hesive straps, which were placed longitudin
ally over the fractured ribs. Two ribs assumed
their proper positions-one remained improp-
erly coherent.
DR.. Martin, of this city, examined ]. Brown
this morning. He eorroboratcd DR.. Work
mans testimony. Did not think that lon
gitudinal strap would cause the bones to over
lap. Was of opinion that the bones would
have been in rigid adhesion in the course of
weeks.
Frederick Putnam, was called. He was
conductor on the Uxbridge train, on the day
of the accident. Resides now at Taunton,
and is in the Soapmaking business. Had been
conductor off and on, for six weeks previous
to the 18th ofAugust Received $50 month
of pay. Had been on the Uxbridge train,
fortnight previous to the accident. Was in
formed by Mr. Southwick, Superintendent of
the road, on the 18th of August, that there
was to be an excursion party from Whitins,
next morning. Nine extra cars were provid-
ed for the party. arrived with the train at
Valley Falls, % IL minutes past o'clock,
| A. M. had two watches, but neither was
| my own. OneI borrowed from Capt. Fos-
dick, who carries milk on the train, the other
was sent to me by friend I timed by the
milkman's watch. When MIR. Southwiek
directed me to conduct the train, he did not
ask if had watch, neither did the company
provide me with one. | had no specified time
to get to Valley Falls. My time to Lonsdale,
about ID miles this side Valley Falls, was
20 minutes past 7. had till 81 minutes past
Z to reach the Boston switch. l left Valley
Falls about 50 l-2 or 33 minutes past by the
milkman's watch, and calculated that 1 had
4 minutes in which to reach the Boston
switch. The track is single one, till we
reach the switch, when tits double to Provi-
dence The collision took place few seconds
after we started. told the engineer that we
had minutes, and asked if we could make
the distance in that time He said he could.
examined my watch by the Providence stand
ard time, and found that my watch was about
minute and ga slow. If was not at the
switch 81 minutes past I, the up train was en-
titled to the road. I was out of time, in con-
sequence Of the length of the train, and also
because we had to meet freight train. re-
ceived the same compensation when brake
man as did when was conductor.
AFTERNOON SESSION. a
The cross examination :. mr. Putnam was
Charles Weem was on the up-train from
Providence on the 18th of August. Stood on
the forward platform Of the only frst-class car
IN the train. Heard the whistle, and felt the
conclusion of the collision at about the same
time. Mr. Southwick, superintendent of the
road, was also on the platform. When
he heard the whistle he jumped. had had
some conversation with Mr. Southwick, about
the trains running on close time. cannot
recollect the precise words.
R. W, Wheelock was on the up-train from
Providence, and saw Mr.. Southwick on the
platform, looking out, before the whistle
sounded.
Msssrs. Spear, and Winch gave similar testi-
mony.
Henry Walker was in the up-train from
Providence, as baggage master. Kept sharp
lookout for the Uxbridge train, because about
ter days previously it was on our time. told
Ross's Express agent that would look out for
the Uxbridge train. When looked out I saw
the train coming. jumpt from the car, aud
as l did SO I heard the whistle.
Mr.. Phillips, laborer, at Blackstone, is in
| the employ of the p. & w. Railroad Compa-
ny; was fortnight previous, and set his
watch by the standard time. Found short
time afterwards. same day, that there was
variation of about half minute between the
standard clock aud his watch. The man who
had charge of the clock said he had put the
hands of the clock forward. Do not know that
this was frequently done.
Mr.. Garfield is conductor on the Providence
and Worcester Railroad, Has $50 month.
Never was on the track between Valley Falls
sad the Boston Switch except OH my own
time. Was ordered by Mr.. Southwick, SUI
perintendent of the road, to run my train out,
of time / refused, and Mr.. Sonthwick ran it
on his own responsibility. Hestated that the
switchman had orders to wait for us. On
another occasion, had given the signal to
start my train, when / discovered the other
train coming ON the track. If had started a
minute before, there probably would have
been collision. left the Uxbridge train n