The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1864-02-03

THE Hate HNffrondfAccfdei
We publish below the verdict of the Coro-
ner's Jury, called to enquire into the cause of
the death of Elisha Harmon, who was killed
by the late collision casthe G. P. q A. Rail-,
road:
We, the undersigned, Jurors empanneied
and sworn onsthe 10th day of january, in
the year 1854, at the township of Painesville.
in the county of Lake, by Franklin Parker,
the Coroner of Lake county, to enquire and
true presentment make in what manner and
by whom Elisha Harmon, whose body was
found in the Railroad cars in the east part of
the township of ainesvilie, on the morning
of January 10, 1864 soon after the collision
of. the Accommodation Train with the Night
Express Train, came to his death. Said Har-
mons supposed age is 60 years, eyes dark
blue, or gray, height 5 feet 10 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 find that the deceased came to his death
by reason of wounds received at the collision
of Accommodation Train with the Night Ex-
press Train. As to the cause of the collision,
We find the following facts .
The Night Express Train passed Perry at
time. 1t then passed on some two and a half
miles and became fastin the snow. That the
Accommodation Train passed Perry at ten
hours and three minutes, a. m, which was
one hour and thirteen minutes behind time.
The Accommodation Train we find by the
Rules of the G. P. 81 A. r. r., had and was
entitled to the Road, and we find that they
had received no intimatiol. of distractions by
Trains ahead We also find by the
Rules of the Company that the rear brakes
man is the one who has the responsible post
at the brakes and who is the man to whom
the conductor gives his orders in tagging
Trains from the rear. We find that Mr.. Muir
ray, the conductor of the Night Express
Train, after they were stuck in the snow, gave
the necessary order to Foster, his rear brakes
man, to 90 back and flag the approaching
train, and then soon after sent Smith, another
brakesman, to Fosters assistance. In our
opinion there is great doubt as to Fosters
ever going back of the rear of the Train. 1t
is true that Smith did not leave the rear car,
and that neither of them had any suitable
signal, and we have no hesitation in saying
that the cause of the accident was the crimi-
nal neglect of Foster and Smith in failing to
do their duty, which if properly performed
would have prevented the accident. We al
SO find by the rules of the Company, that
the Conductor of a train employs and DIS
charges his brakesmen, and is held response
bic to the Company for their actions. That
Conductor Murray had Foster in his employ
for some time previous as his brakesman and
that he had confidence in him.. Yet we think
Mr.. Murray censurable in committing the
Tagging of.the approaching train in such a
state OF the weather, and under the peculiar
danger of his train to one who would seem
to have been so very incompetent And as
he was in the snow drift at that place some
one and one-half hours, he should have per
sonally known that his brakesmen were obey
ing his orders, and is deserving of censure fol
not knowing that his train was supplied with
the proper signals. Also that trains off from
the card time in their movements on the
road are liable to The control of either the SUI
pc intendent of the road or the Superinten-
dentof the Telegraph, who is called Trair
Dispatcher Also that from eight hours and
thirty minutes a. NJ. to ten hours, five min
utes a H., the Telegraph was obstructed. Sc
that it could not be used from Cleveland to
Willoughby, consequently no neglect i:
chargeable to the head-ofice in Cleveland o
70 that Del artment. The operator at Paincs
vile not knowing that the line was out of or
der west, WAS justified in sapposing that thu
detention of the night Express was known il
Cleveland, and consequently eastern Office
fully advised, and by reason OF rule of thu
Telegraph Department he was not allowed II
q communicate to Offices east of PainesviSle
the non-arrival of night Express at tina
place.