New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-03

sreed At fifteen ne- hrur probably f,eS Blu, he s'as
rate of speed which the down the track lie
be the eainEe coming mp The road when !. 10 yir'
oste him lie rsi the that the doctor s then -
yars the and the train "a yards from the oronE
II that the bad three times % far 60 run 70 TeAen me
erus-ng the doctors carriage had and Nc doctor ~s d
tN enty.four mes hour If the speed ten miles an
hour they have been coming 20 miles sn hour II The
the ogoon Of Of the witnesses. Hunter who
wd AcOti estimates toe sped At - s' an
Ing esna,es the seeds, % miles but say. the tran PA see,
bour and that back faster than IL went
The conductor Mr. NOstrsnd estimates the down speed - to
The esd fox the Mount Holly turn out to which they
SONS and @ THs O'L sIi % se9
estimates the speed at fifteen miles en- hour gay: they we're
to twenty Ines diminished when the crossn aud he
thinks when be looked out and the carriage about
Prce estimates the speed twenty miles, he 100 yards
distant in the deld Peter shreve, passenger puts at nj
but moderate M Hooper the conductor OF the New
oT train says h met the Tram two ana nal ms o from
miles hour, and gained on the backing train.
s much as fifteen to sixteen miles Linden says about twelve
the Of the soeident Costello the baggage st
fifteen miles Van Syeher the mail agent twelve TO fourteen
miles Clement bfaL ernan fourteen; Wilson another brake
fifteen and several Of these add that the speed
much diminished the train approached the crossing 10 IS
low eight miles You perceive gentlemen the vast discsep
sucy the testimony from Dr. Henekens estimate Of 10 or %
miles speed Of eight miles testified 70 by
Of defendants witnesses Taking ii altogether shows how lit
le
TO such question. 1t is for you 10 say whether the
speed w unusual and You fixed
there the distance fixed by Acoit You are satisfied q his
accuracy from the testimony. You heard the evidence that
up ON SIDE another sitting by his side drove with his
wife child In collision with the train at the nnent peril
Of their lives and they scarcely saw
when struck them You have the fact that the horses
thrown by the collision on either side Of he eck not running
then-one thirty nine, the other yards down
the train was behind time and the road was straight
Of the to let the other pass II urged that Dr.
Heneken acted with careessess You have the fact
that Heineken driving he says about ten miles
hour and hurymg 10 get TO Burlington to crcss the ferry
You have the fact, proved by M GoInere that for dig
lance Of l5O yards the river rOsd the railroad Is in
full view for $50 400 yards up and full quarter
Of mile at 50 yVds distance from the crossing On
the road which DIR. Heineken the line Of the
rsck being that point higher than the intervening fence
Sitting listening testimony. have probably but
ption of the real movement of train over given
at Mr. Gomee tesiifef the train be the rack
any point within $50 wards of the crossing the river road
hour and would pass the space forty seconds for twenty
miles hour is nearly ten yards second so that If
ANYTHING withdrew the attention Of approaching traveller
othrds OF minute be would lose the opportunity OF seeing
the train before 1s a
than going forward osscle encountered because car
Of the track aud having no cowcatcher less
clearing and in OF hreak down there s more dan
IL is proved the engineers duty the engine
and blow the whistle and that be Is the responsible driver Of the
train He had rsn that day Of six passensears macar
and ruckcA attached to the locomotive aud tender eons
a about hundred feet length
Even il the whistle blew, the car reached the track
when the engine four hundred feet distant lie had large
number of Whose lives depended hs caution
End S ' ~ tb SCI ds cod MOI bs .bed s
svod would be different; for only be held
sponsbe for his and not for the wrong another
this therefore it not enough for the defendant TO
satisfy you Dr. Heneken did not proper caution he
20 further and satisfy that he himself acting in
with the obligations imposed upon him by the law
was dom. what lawful for him to do and in that
was law that he Was & be SeS s
Ia S gy Of &c .S not the cause
In dealing with OF criminal negligence whereby human
sacrificed the law seeks protect society Hundreds Of
On are every yea, RneS " ra BY
The negligence of sitcender may in instant precpate
whole OfPeoe to destruction she negligence Of
engineer in improperly constructing bridge may doom hun
dreds death in moment Trains through the negligence OF
a single person may be into each olher and crushed
backed meeting an obstacle may destroy many
These dangers-of which week passes without
example less dsasrOuscal loudly for the checking
and bs sb ST with the popular and
universal mode Of travel should come TO know that DIS
Sence involving the destruction human life and the
this understood the better for them for will induce greater
cauo-the better for companies, for VIII save them from
great ossesthe better for society tor 1t will secure more
safety. CO. -, IL. =.
convict and punish for these ofersos where guilt proved
say guilt negligence which produces death guilt
But always be careful kat do not furnish exam
pies punishment the of Innocence The question
Of gross neesencel II So his negligence the of the
death of Margaret Prescott There two questions for you
70 answer Ii answered IN the affirmative, be guilty
II either is answered in the negative, he not guilty
submit the case genemen to decision under the sol
e obligations that with the further instruction
that the defendant entitled to the benefit OF any reasonable
doubt you may entertain as to whether he guilty any such
you may have.
The jury retired at II O'Clock a. No. and at p IN.
came into Court aud rendered verdict OF NOT
GUILTY. &C.
II is understood that on the first ballot after retiring
the Jury stood seven for conviction and five for ac-
quittal.