The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-28

when witness discovered his iuattention he blew
Valve and rave her sand for three successive @es
Notwithstanding his exertions 20 STOP the driver by
the usual means he crossed before the train; when
witness saw him, the driver was between twenty-five
and thirty feet from the track; had plenty Of time 10
stop his horses AID should have done s0 the tram
as soon as Il was possible to DO so; the
the engine and fell across the right hand rail, and
the truck must have passed over ner legs
TESTIMONY OF JOHN MCCORMICK.
John Mccormick depOsed that he was passenger
In the horse the afternoon in question: at the
time OF the accident 1t was near crossing the track
when he heard the sound OF the whistle Of the loco
motive; she was then two hundred feet south OF
Fifty ninth street, witness told the driver he had
on and crossed the track did not leave the car until
II had reached full on the Harlem track; he passed
of at the front and went TO the rear of the carr the
had cleared the track before the deceased passen
ger had jumped or; had she remained seated she
would have been uninjured, as were all the others.
TESTIMONY OF THE CONDUCTOR OF THE HORSE CAR.
John McNuty deposed-I live at the corner OF Thr-
ty-ffth street and First avenue; am conductor on
the Belt Railroad, and was in charge OF the car (No.
81 in which deceased, Anna Brown, was paSsen-
ger; we were approaching Fourth avenue; l was
cOnversing with q passenger in reference to
her destination, when suddenly heard the lady pas
sengers scream and saw train approaching at that
time, as well as ! can judge about nfty yards from
F1ty-ninth street and Fourth avenue; no signal was
given Of Its approach and the passengers becoming
frightened rushed from the car when 1t was on the
Harlem track, among the number the lady who was
killed. heard no whistle until the locomotive had
neared Fifty-ninth street; my driver had continued
on his course and had passed west of the Harlem
track some fifteen twenty feet before the Harlem
tram had crossed Fityninth street, before the train
had reached Fifty-nnth street saw man on the
locomotive rush TO the engine house, and before 1t
had crossed Fifty ninth street forty feet the train
stopped; had deceased remained In her seat, as
others OF the passengers did, she would have been
TESTIMONY OF JENNIE HILL
Jennie Hill testified that she was passenger on
the horse car; on approaching Fourth avenue heard
the whistle of locomotive and ran with other pas
sengers to the OF the car; the deceased was be-
hind her on leaving the car; was pushed or and
rolled down the embankment; when she regained
her feet the deceased lying alongside the track
the driver had plenty Of time to stop his horses be-
fore the Fourth avenue track was reached.
TESTIMONY OF JOHN HAMMOND.
John Hammond testified that he was passenger
on the Harlem road at the time OF the accident;
heard the whistle OF the locomotive twice; noticed
the at least twenty feet east OF the Harlem track
the driver of the horse whipping his horses;
thought there would have been q collision.
TESTIMONY OF MARY DUFFY
Mary Duffy, sworn, depOsed-I live on the corner
OF Filty-ninth street and Fourth avenue, and saw
the accident on the afternoon OF the 23d inst; the
horse Car was approaching Fourth avenue and at
the same time heard the whistle OF an engine OF an
approaching train the horse car was stopped for a
moment when 1t had reached near Fourth avenue, and
then the driver started his horses and crossed the
track OF the Harlem road; there Is no hagman sta
toned at this crossing, only on Sunday; when the
whistle OF an approaching train Is blown near this
crossing the drivers OF the cars the Belt road
orally stop their horses and let the train pass heard
the whistle Of the train in question blown at Fifty
seventh and Fifty-eighth streets and as 1t neared
Fifty -ninth street.
THE VERDICT.
At the conclusion of the testimony the Jury retired
and brought in the following verdlct-"We ind that
Anna Brown came by her death by injuries accident
ally received and we recommend that the Common
Council cause the Harlem Railroad Company TO place
fagman at the crossing at Fnty.ninth street and
Fourth avenue"