Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1869-10-20

N''t%N AAfhS NAAuVAA AUt OiAtIh vi us
conductor was gross negligence. For
this unfortunate man no one sympa-
thises more deeply than myself /
have taken pains to secnre a proper
acquittal or conviction. His Honor
then gave Webster's definition Of ncgl-
gence, and applied it to the case, and
stated that the Act of Assembly was
made to apply TO signal and special
acts Of negligence. The excuse which
is offered for the act of Griffin is that
he was asleep, and that in half un.
conscious state, he pulled the throttle
Of his engine. Evidence has also been
brought forward to show that it is
customary TO Sleep while lying on a
switch. regret to hear such evi-
dence, and that il is common prac.
tice. If the Company keep such men
in thor employ, would it not be well
TO enquire if they are not guilty OF
gross negligenccY The evidence is
that defendant slept, but il It's argued
that he was not responsible. wish |
could so charge you, but duty will not
admit Of it An employee charged
with the safety of human life must not
sleep at his post, nor while on duty,
? and he must use all his senses to keep
awake. The dictates of humanity
require it, and the rules Of the Com.
pany demand it, Why did be 90 to
sleep! lie had ran only IS miles, of
duty a number Of hours, knowing
trains were following freightcd with
human souls, and to pass him on that
swiich-why did he sleepY 1t is
stated the night was warm and murky,
and calculated to produce sleep, but it
required greater care and caution on
his part, and the law exacts il. Ifthe
rules of the Company had been lived
up TO would ten or twelve lives have
been lot.-precious to somebody
Admit that he was n competent engi-
neer, what apology is offered when he
slept at his post II was negligence
TO sleep that offers no apology. lIis
friends have brought forward his good
character, but this evidence is TO have
no weight so long as it has beer
clearly proven to you that he was
guilty. Character is only to be np
piled in doubtful cases, not where
T gu"' - ronucieu curtain oy cNluohce
W nav u'suh"'g1u our uuty, now
dischargu yours. If after reviewing
, all the evidence and you are in doubt
that doubt should bo east in the pris
r onel iaNVI, oue you are ioI 10 iooi
ior ~, uouo's lor tne purpose Oh acqultlal
r Ing Jury reureu ABOUT hali pas
i've oplocH 70 cVns'uer lnelr verdict
anu 'ne ovur'' "iea"'''nu "ulourne'
r re.ssembl;nc ~ ,l,e conr, ~ 'e, 49, ~
q ,ras crowded win an aaaar ~. anx;o', Go
tnronr, awaiting the m return ''af'yI OF IN,
iurv. The prisoner bore mn we'll
although deem anxiotv was denicte,
on his face which feeling was share,
in bv his counsel and friends
Al about eight o'clock. after tw,
, and half hours absence. the iur,
! returned into Court Amidst breath
: less silence and expectation thoi
names we're onlledLtbeir foremo,
handed their verdict 10 the Judge
! who broke the seal and then hande,
II 10 the clerk and whom the clcrl
'' nrononnced tho words nNot Chilly
burst of annlause resounded throngI
Tho Court raom which was tal,on y,
D and echoed bv tho neonle ontsidoI
i indications of The hearty nnbTc syu
natbv for tbc nrisoner Tbe Jndr
: promn,lv checked his ontburst an,
severely robukcd tho unsecmlv dem
onstration The Conr, then odionrne,
: io now morning
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y c,so of tbo commonwonlh ora;n.
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