The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-09

treaties obtained by his competitor Accordingly he
brought out piece by two authors who had given their
repertoire to N. Care But evening Of the nrst
performance H. Carrie, In virtue OF his engagements
with the authors alluded TO- the receipts 10 be
seized, the legality Of which act will have 70 be deter
mined by the tribunals II likely several trials Of
the same description will take place. arising out Of the
conflicting treaties entered into by directors in other
towna
Miss GoodaI. who has been identified with the Royal
Amphitheatre Liverpool. from very early youth, took
benefit 10 the house the 22d OF November previous to
setting out for London to try her fortune actress
and songstress ON the metropolitan boards The arst
piece performed was Fatsf and Marguerite in which
Miss Gooda sustained the part OF Marguerite and added
considerably to its charm by introducing Of Gounods
airs-the Flower song and Jewel song. new comedi-
etta called Keeping Up Appearances and the Irish Lion,
concluded the entertainment
Tho Railroad Accident i'm the Bowery.
THE INVESTIGATION CONTINUED-vERDrCT OF THE
JURY--BorH DRIVERS AND THE CONDUCTOR or
THE SMALL CAR CHARGED WITH CULPABLE CARE
LEssNEss-RUNNINd FRE,GHr CARS THROUGH
THE CITY AT NIGHT WITHOUT LIGHT HIGHLY
DANGEROUS, ETC.
The investigation into the cause OF the death OF Will
liam 0Callaghan, the lad that killed in the Bowery
smash up Monday night, continued before
Coroner Collin yesterday afternoon supcrntendents
roads present. with number OF persons connected
with both lines.
TESTIMONY POLAND
reside at $40 Bowery; was standing on the crossing
at the time Of the accident; the freight coming
up about thirty feet from the switch noticed tho
driver Of the freight snap his whip aud call out
CHI hi whether TO his horses TO the Third avenue
car driver cannot saw then the horses heads Of
the Third avenue the track the freight driver
tried TO brake up the Third driver did not brake
up his car don't remember whether not the Fourth
avenue had any BELLS did not the boy at
ALL il the Third avenue driver had applied the
brake when the other called tho would
not have been injured, although the horses might
the night misty and foggy, that could not
man across the Bowery; could be half block
or the crash seemed to SILVER the little TO atoms
without throwing or the track after the crash saw
nothing more; the Fourth avenue driver applied the
brake his when he called out
TESTIMONY sIMEoN RgxER.
Reside Fourth and Twenty ninth street;
in Adams Express wagon night OF collision
riding beside the freight car left the depot in Franklin
20 r. NJ my orders follow the freight
far Twenty seventh street. don't think the driver
was under the influence Of liquor should have
ticed IL turning into the owcry kept beside the freight
10 be ready in OF accident take out the freight
the Third avenue cross the switch very fast when
got to the switch and crossed II the west side
coming down: saw coming down very quickly,
and then looked behind towards the freight car; the
looked driver Of Third avenue car would brake
up but he whipped his horses and tried to get ahesd
81 ,oh he freight carr heard some one cal ala out
me There's smash THE collision followed saw
the freight car since 1t returned from Boston and the
paint all scratched of corner Of 1t; turned
back al and told the driver Of the freight to
ahead II he could; cried out not 30 start the
car, there wer, three or four under IT, jumped of
and examined the space under the wheels and my hand
nearly came in contact with dead body living between
the forward wheels told the driver to take out the pin
and wheel the team around 10 prevent the car from
moving the driver and were threatened with hanging
by the crowd; we generally have brakeman on the
weight; could SEQ the car half block on on that
night, we carry light on the Third
almost ut a walk; when noticed both cars Third
avennc car was seventyve feet from the switches and
the freight about fifteen feet; think the driver Of
the Third avenue could have stopped his In time.
TgsrMosy or wm PRUDENT
reside at 33 Second avenue; was on the Bowery near
Fifth the time Of the collision heard the crash
before the collision l both approaching the
switch the Third avenue car was much further from the
switch than the other the body or deceased lying
under the 'front.' wheels OF the freight had to push
the car back to get him OUT assisted in clearing tho
10 blame for the collision.
TESTIMONY 90 MILTON rFAsE
am foreman Of the -four horse team stable; there is
rule the road obligrg drivers 10 carry lights on
frci2i cars; there none the Hudson River Rail-
road cars we carry bells all teams.
reside corner Of Sxty-D street and Third
driver OF car No al. Third Avenue Railroad;
next behind 81 on the night Of the smash
IN; during that trip had all my hesdway about -four
blocks from car No. 81 we were both on time.
TESTIMONY cv DAVID ARMSTRONG.
Reside in Eleventh street. between Third and Fourth
avennes In employ Of the Fourth Avenue Railroad
last Nav know Haskns, the driver % the freight car;
he drove under for two months he was in the habit
OF drinking, but not 10 excess; discharged him
count of his getting into difficulty with the other
drivers; he quarelsome aud ugly towards others
drivers
TESTIMONY PATRICK e'S4n.
Reside nj 392 Third avenue know the driver OF tho
freight well for nne wears; he Is not good
driver he in the hsh, Of getting tight beng
under the influence of liquor, while on duty; never
saw him so bad but that he could walk straight; am
in the EMPLOY Of the Third Avenue Railroad Com
pany, but was formerly cmpove OF the Fourth Ave
nue. Company; don't Know anything about the driver OF
the small caf.
TESTIMONY srRcrayr A NtnES, ov Tue rrrrrESrH
Twas on duty on the night Of ,a cosion tho driver
OF the Fourth avenue arrested ny officer Pitcairn
and brought TO this station house. he was considerably
under the influence OF liquor M couldn't walk straigbt;
after the collision he went and delivered The car al
Forty street. the other driver also brought
here By my ORDERS he was sober was about IN hour
after the collision when he waeSbrcugh, here.
TESTIMONY 90 rArRoLxAs H. A. PITCAIRN, rrsEsrH rHs-
Ctscr
Iva. sent by Sergeant Milrr 10 bring the drivers NJ
the time Of the collision wes standing on my post, cor
Of Bowery and Fourth street; heard the crash aud
mp to n; the Damned together arrested
the driver OF the freight standing the platform Of
MS own car, ne oebled uftver, anu No
got on 10 look after his the Express agent
up and spoke 70 him in that convinced me he
was the driver wen. With the driver to tho depot %
Forty second street on hcar going through the tun.
mel above Thrtieth street. e wanted TO know II had
warrant for his arrest and raid had right TO take
him without warrant; h~J out Of my district ~
the depot he jumped % n and fell down assisted
him TO get up he gave m horses IN charge OF OF tho
other drivers he said M erst ho would not 20 with me-
we did not stop nj any place until came down 70
Twenty seventh street. 1ud then took the small car down
he wanted express en 70 bring m drink Of liquor
lint rQuIA nat lat tim In hing hut
my impression YES ~ he under the influence Of
liquor: he showed sgns Of II ct the station house
he staggered listte hen taking him 10 the cell
he drove In propst after the collision could
readily see the lssy block distant; perhaps the ex
element under wht the driver iabored eaused by
Vie accident aod his arrest; also arrested the other
driver 81 the Tbirss isveuue depot.
TESTIMONY or 90 TER -. ROM, iUrvs>TH PRECINCT
was on duty ~ the corner OF Bowcry and Fourth
street. going upy nc driving az very mod