Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1864-02-13

inside of inner door when be spoke TO me
Didn't know stance between doors, per.
haps three feet At the time of the col
lision was standing by the stove by the
door. From the time | relieved Foster till
the collision it was ten or fif cen minutes
Foster had nothing in bis hand when |
went to relieve him. | saw no lantern. l
do not know of bis going cast of the cars
at ALL He did not tell me he had done So
He had no appearance Of being cold. The
way that my impression came that Foster
had not been back, was that he told me not
to leave the cars, and did not tell me to
go east Of The cars He m sht have gone
TO see certain person on the train. Mr..
Murray gave me no orders TO look out for
he train. His only orders we're those to
Foster
Some of the time / could see to cross
ing one fourth OF a mile away; all the time
l could see more than twenty or thirty feet;
at The most 20 rods About one fourth
the time could see TO the crossing, the
balance about half that distance; could
have stopped he freight if bad seen il
commlug; the collision was not half min
ute from the time last looked ou'; am
very confident that there we're no flags on
the train-there might have been Que on
the engine, but there has been none on the
train since have been brakeman on it; |
received my Instructions from Foster,
whom l obeyed as my superior.
We. the undersigned, jurors empannelled
aud sworn on the 20lh day of January, in
the year 1864, at the township of Panes.
vile, in the county of Lake, 10y Franklin
Parker, The Coroner OF Lake county, 10
enquire and true presentment make iu what
manner aud by whom ELISHA Harmon,
whose body was found in the Railroad cars
10 the east part of the township of Paines-
vile, on the morning of January l9, 1864,
soon after the collision of the Accommoda-
tlor Train with the night Express Train,
came to his death Said Harmon's suppos-
ed age is 60 years, eyes dark blue, or gray,
height fe- 3 inches, head bald, whiSkers
sandy, mixed with gray, skull fractured,
left leg broken. After having heard all the
evidence and examined the body, we do
aHd that the deceased came to his death
by reason of wouads received at the
collision of the Accommodation Train with
the Night Express train. Asto the cause
Of the collision, We find the following facts:
The night Express Train passed Perry
at eight hours aud thrty.four minutes, a Id
which was two hours aud Fifty seven min.
ules behind time. 1t then passed on some
two aud half miles and became fast in the
snow. That the Accommodation Train
passed Perry at ten hours and three min
u es, u. m., which was one hour aud thir-
teen minutes behind time The Accommo-
dation Train we find by the Rules of the
Q. p. & A. r r, had and was entitled
to the Road, aud we 6nd that they had
received no intimidation of distractions by
Trains ahead We also find that by the
Rules Of the Company that the rear breaks
mau Is the one who has the responsible
post at the brakes and who is the man to
whom the conductor gives his orders IN 6ig
gug Tralns IRON the rear. We find that
Mr.. Murray, the conductor of the Night
Express Train, af,er they were stuck in the
snow, gave the Necessary order to Foster,
his rear brakesmdn, ~ go back aud fig
the approaching tram aud theu soon after
sent Smith another brakeSman, to Fosters
assistance. lu our opinion, there is great
doubt as to Fosters ever gowing back OF
tue rear Of the train. 1t is true that Smith
did not leave the rear car, aud that neither
OF them had any suitable sigual--and
aud we have no hesitation in saying that
the cause of the accident was the criminal
neglect of Foster and Smith in failing TO
do their duty, which If properly performed
would have prevented The accident. We
also find that by the rules of the Company,
The Conductor of a train employees and dis
charges his brakesmen, aud Is held respon-
sl0e 10 the Company for their actious.-
That Conductor Murry had Foster ia his
employ Tor some Time previous as his brakes
man, ana thai he mad confidence IN him;
vet we think Mr.. Murry censurabe in CON-
mitting the hagglug Of the approaching
tram, W such state of the weather, aud
under he peculiar danger of his train, to
ose who would seem 10 have been SO very
incompotent-and as he was in the snowdrIfL
a. that place some one and onehalf hours,
he should have personally known that his
brakesmen were oOeylng his orders, and is
deserving oi censure for not knowing that
his train was supplied with the proper sig
nails. Also, that trains of from the card
time movements on the road are liable 10
the coutro of ii her he superintendent Of
OF he Road or the Superintendent Of the
Telegraph, who is called Train Dispatcher.
Also, that from eight hours aud thirty miu-
ues A. Nj. 10 ten hours i've minutes A nj :,
Tue Telegraph was obstructed, SO that it
could not Oe used from Cleveland to VIII
luughby, consequently, no neglect is charge
able TO the head Office in Cleveland, or to
that Department. The operator at Paines.
vile not knowing that the line was out Of
order west, was justified in supposing that
the detention OF the Night Express was
known in Cleveland, and consequently, {,
Eastern offices fully advised, aud by reason
of rule OF the Telegraph Department he
was not allowed to communicate to Offices
East of Painesville the nou-arrival of the
Night Express at that place.
Paiaesriils January 27. 1854.
AARON WILCOX
JIM. BENJAkIs,
M l. Roor,
- WILLIAM HARRISON,
w. Il. GREER
AaA