New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-31
SECOND DAY-s,rrRDA1s PROCEEDINGS.

George d. Fort affirmed reside in the City Ot
Buriugton on dag the accident ian about
the up that morning toward nrieh"M a ts
usual .eed backing down. and should thnS the speed
was much faster than when il went mp attention allied
to the seed the backing tn when came TO me ,sns no
bell whistle sounded "a" new iuiA al
II: they blew whistle do not know how close oseltt zoe
trains did the collisions my farm ., ~hn tae
corporate limits Of the Cry 81 Bnrme' n ne r "hrfs tr
accident occurred is also within the limits should thk the
train was backing about twenty miles an hour
Crosse1amined-by farm contains about 10 acres was on
the south the rHlrUal was just above Whrte t
road crosses The n,er Ioaai my a.n , p, b ,s Ma.
DOuglas taIuli was about % iards rom we W.
before the Coroners jury think did not gay was
luuhus rad; farm doe Tot come mp 10 the raIfoad the
Nev-yorE train blew whistle.
crossing on the north side Of the railroad the up train go
g up that morning; cannot what speed they weT' makms
when up did not blow any whistle OF sound my bell
when II went back whistle was blown When II PASSED
crossing quarter mile above. known a. 6arSlcTs trons
hear the hste sounded after came ih sue
Crossing about mile and quarter 9D.'s WHY . e
H., s o ,bs sey bushes and trees ON both sies 81 the
Railroad know that they have been cut down. a.
have not been along there since the accident
trcE from Garrt lane 10 The ryerroad in pisces they
ihcky together was at WORK about - wards rom me
railroad The lett hand side gong 10 bodent0w wa o.
low aucs Crossings continued work about hall al hour ate
the passed. could Lot the cars more inan hundred
Resnar ezaninaorI prevented from seeing ELM them
further IN consequence lgersos through the hill which
usTter OF mile from GarSctslane you cannot see
the top he smokeppe when M the CUT nhlch Is HDo 10
n
each side; person travelling on he eou % M
cars RAISING through this cut from the house opposite tue NIL
you the in the cut in coming up the n,er
T ad generally stopped fifteen twenty feet from toe trace
and the eud Of the covered wsgon 10 LOOK ny me aA
the seat aud look up the track
for three always got out on the end OIL the wagon
to lock the track When you are tn,ls along IN m open
Cut is nearly half mile above
the railroad crossing did not after they passed
tLe Ssy until saw them at the accidents Continued my work
urf heard the histle blow the accident occurred
Dr. A. ID. ChalOncr, called.
I.I g. a.. ,,,,,,o said they offered 10 prOye that
the charter prohibited the running of the ears in the
city limits Of Burlington than six miles an hour;
and further that the Company instructed the engi,
nees not to run faster than the rate OF speed allowed
BY the city authorities and that the engineer was cu-
pable in breaking over the rules.
Judge Potts said il would be necessary to show that
the engineer had been instructed Lot to run beyond
certain speed
Counsel for prosecution said agent or engineer Is
presumed to know the regulations instruction. the
Company are bound TO know their duty and contracts,
and their agents it is presumed, must be aware what
those regulations are, unless Il proved 10 the con-
tTary. .,
Judge Potts said that the Company were responsible
for any contract the engineer cannot be held response
bic unless he had been Notified Of the contract Ii II
is presumed that he had such notice how can he prove
TO the contrary he Is not bound by any private con-
tract between the Company and the City OF Burning
ton unless it could be shown that he had been IN
stIucted in the matter.
Counsel for the. people waived the examination OF
Dr. Chaloner in regard to the contract.
Robert = Van Rensselaer,, sworn-I am the Super
iueudent o. Camden and Anboy Railroad Compyi ney
have timetables which furnished - the engineers the
.hown furnished 10 the engineers and conduct
ors presume the Adams furnished with one;
dent George Furney foreman engineer department and the
have Instructions 10 mat they are
ont 10 the engineers; could without
timetable and they are furnished each with watch and
the have the watches regulated az each end OF
By ehTonometer important that the Instructions
should be strictly obeyed as to meeting OF trains &c 10 pre-
Counsel for the Deoue then offered the timetable a.
y dence to show that the engineer had violated his
Instructions
Judge Potts admitted the timetable for the genera
purpOsc for which i offered. The date OF the
timetable ofered evidence was the 10th Of August
Daniel i. Seley, sw0rn-i was present about -
minutes the accident and heard the Engneef Adams say;
II bad blown my whistle this ACCIDENT would ny er have o.
CURED this be out Of Mrs Cook. yard; the
Cnletor aid Iresl YOU did blow the whistle Adams said
No I'D = Dr. Heneke presents cannot LAY there
Wa any enc presents that time the Enznse stand
ug up some one hal hold OF his ard fetched hin ort
Cr6se1smiei-Ihis about twenty minutes after the
accident; number Of persons were about Mrs Cooke house
ecoeet se,inx Mr Pierces son; heard the engineer say
don't .rov what about WON'T cay whether the eng
very much excited dd not see nm s0ea shy
IN Mrs Cooks y6rd, where be lay Mrs Heineken Ia MS
Isaac r. Drake, swOrr--I was at home on the day OF
the accident m Burg 0r igik was al the pace ABOUT wen
- minutes i.o- IL ocl,ck and assisted in picking Up several
- he wounded Af9 ad ar rendered assistance walked
up the the crossing, stopped hE onenls
Lev c.isJ The Fneeer wing on bench looked At him
A. thei 10 he crossing the railroad where STOOD
a. 10 h. cssir y iii the conductor Mr. Van Nostrsnd asked
he 81 r Did YOU you blow the whistle p n, re-
IA oftIow the whistle rirE the bell = asked HIN
ftre wss The custom blow the hsre al crOssins.
ts,ess il va 70 riig the bell thst ell ia.
,fen went down the road paced the tistance So
L,se "a found that sne lay % PAGES AMI the othsf Ems
~ c,..r Of the WI gon the alTosdi s. no
The er.siou with the engineer took place srti
wen s'snd8g a:oaad b. DO no. know e'' 'n) 0s