Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-01-29

whom Elisha Harmon, whose body was found
in the railroad cars in the east part Of the
township of Painesville, on the morning Of
January 18th, 1864, soon after the collision
of the accommodation train with the night
expressly came to his DEATH do find as
follows
Said Harmon is supposed to be about sixty
years Of age, his eyes were dark-blue or
gray hight, about Eve feet and ten inches
head, bald; Whisksrs sandy, mixed with
gray skull fractured and leg broken. Hsv-
ing heard the evidence and examined the
body, we ind that the deceased camo to his
death by reason of wounds received in con-
sequence Of the collision Of the aocemmeda-
ton with the night express, the cause where
of We find to be in the following facts:
The night express train passed Perry ct 8
o'clock and 81 minutes q, m, which was
two hours and fifty seven minutes behind
time. 1t then passed on some two and half
miles and became fast in the snow. The &C.
eommodation train passed Perry at ten
o'clock and three minutes a. m, which was
an hour and thirty-three minutes behind
time. The accommodation train, we find by
the rules Of the C. P. & A. r. R., had and
was entitled TO the road, and we fad that
it had received information of the Obstruc-
tion Of the road by trains ahead. We also
6nd, by the rules Of the company, that the
rear brakeman is the one who has the re-
sponsibiIe post at the brakes and who
is the man to whom tho conductor gives
his orders in tagging the trains
from the rear. We find that Mr.. Murray,
the conductor of the night express train,
after it had been blOckaded in the snow,
gave the necessary order to his rear brake
man, Foster, to go back and flag the Rp-
preaching train, and that soon he sent back
Smith, another brakeman, to Fosters as
sistanee. In our opinion there is great
doubt as to Fosters having gone back Of the
rear car. 1t is certain that Smith did not
leave the rear end of the car. and that neither
Of them had any suitable signal. We have
no hesitancy in saying that the cause Of the
accident ,oos The criminal negesi Of the tro brake
men, Foster and Smith, in failing to do their
duty, iohich ifpropsrlg done The accident tr0Uld
not hare occurred
We also fad by the rules of the road that
the conductor employs and discharges his
brakemen, and is held responsible to the
company for their action.
We find that Conductor MurTy had Foster in
his employ for some time previous, and that
he had confidence in him yet we think
Mr.. Murray censurable, in committing the
tagging of the approaching train, in such
state of the weather and under the peculiar
| dangers to which his train was exposed, to
one who seems to have been so very ineom-
petent. And as he was in the snow-drift
az that place one and half hours, he should
personally have known whether his brake
| men were obeyiEg hiE orderrs, and is deserY-
ing Of censure for not knowing that his train
was not supplied with proper signals; also,
that trains of from the card time in their
movements on the road, are liable to the cen
troll of either the Superintendent of the road
or the Superintendent Of the telegraph, who
is called Train Dispatcher also, We find
and five minutes, A. Il, the telegraph was
that from eight O'Clock and thirty minutes
at Painesvillo, A. N, to ten O'Clock
| obstIuoted so that it could lot be used from
Cleveland to Willoughby; consequently no
| neglect is chargeable to the head office in
Cleveland or to that department The cp3ra-
Tor at Psinesville not knowing that the
lins was out Of order vest, was justifable in
sapposing that the dstsntion of the night eX-
press was known in Cleveland, and oonse'
quently eastern Offices fuliy advised, and
that by reason Of rule Of the telegraph de-
partment, he was not allowed to c0mmuaica,e
10 Offices east of Painssville the non-arriVal
Of tho night express at that place.
AARON WILCOX,
J. n. BEEJANIE,
NJ. S. RooT,
WILLIAM HARRISON,
". F. GREER,
AzA CHILDs.
The above is a true copy of the finding OF
the Jury at Painesville, January ~, 1854.
:. -.FHANKLIN PARKER,
Coroner Of Lake Company.
Painesville, January 27, 1864.
They also brought in special verdict on
each of the unknown bodies, which find that
the persons came to their death by reasons
of the collision of the mail and aceOmmodG-
tion train with the night express train" 1t
is not necessary for US to cite these verdiCts
in fnII
Tho jury have discharged their work
faithfully. The verdict and the evil
dence are now before the public. We have
reported the testimony of the case in a very
condensed form, bat as fully and fairly as
possible. The public must draw their verdict
from this evidence.
We shall add some further facts, in regard
to tie present condition Of the wounded, &C.,
tomorrow morning.