The New York herald., 1869-04-29
troduce rail here and show how it is broken in this

troduce rail here and show how 1t is broken IN tnis
way.
To Juror-My impression is that when this road
was first built there was some light Engnsn ran ran
under nifty pounds put down, which was
good iron-the best, perhaps, ever put Oh ialiv
in this country think they were nineteen 100.
rails: this piece OF ra does not look as u an nau
passed over II recently; account OF tue superior
quality OF this English iron when we took the
rails up we sold them for three or hve dollars a
ton more than we got for other old rails we com,
menced to take them up about year ago, nave
never been engaged IN the manufacture OF ron, L
know about the essential part OF IRON; there - per
haps, a little difference; / think they are
both good iron; iron after 1t has been
used for several years usually gets crys-
tallzed they are both wrought iron, made ,D py
the same process; one Is an older iron tliah the
other and perhaps little more carbonZed than the
other the small piece perhaps Is little more car
wheel upon rail has tendency TO chil Ito take
out the fibre: the constant pounding upon IRON
this wall and a man with two ounce hammer
continues TO strike it for some time he Will take all
the fibre out OF II, so that he can break II IN Two
with tnat hammer; by looking at the iresh emu OF
the small piece and the fresh end of the large piece
l could not tell the difference to whether II was
American or English manufacture, but 1t IS very
evident that the rails are not of the quality or
character OF iron one Is coarser quality ol IRON
and different fibre.
Guests manufactures A. think that Is Guests;
think know what Guests brand Is, but not enough
to swear definitely about IL.
Question repeated A. think know; still have
not examined Guests trade mark for two or three
years; but as the mark on this iron s little indis-
tinct would not like to say as certainty that 1t
was Guests brandt my impression is 1t Is Guests;
It's device OF trade marx; am not skilled IN
trade marks or devices; do not know the device or
the private mark used by Guest or what il is IN
tended 10 represent; don't know what 1t means or
what character il represents; the broken rail- was
manufactured by Hopkins Co.; | don't know
whether they have trade mark or not: | eX
amined the car that was injured before the
accident: think there we've no chains attached from
the truck to the bottom of the car: chains are not
generally used now, believes they might be OF ser
vice, IN case OF accident, in holding the cars on the
truck; that was the proiessed object, but they were
utterly useless .or that purpose; chain strong
enough TO prevent truck leaving track from
broken rail would either break the body OF the car
contribute TO a further accident by upsettng it,
chain 10 be OF any service III violent sudden emer
gency must be perfectly tight; my impression Is we
may have one or two cars with chains but do not
know exactly: there may be two with the ola chains
still on there may be more for ought know: these
CHAINS have not power to prevent the truck from
sewing around far enough: IN case of the break
ing of ring bolt the chains would not keep the
truck from Slowing.
TO Mr. . DOnnell-i am not mechanics: | think
the first business OF my life was clerk IN store in
New York: think was twelve years old them
commenced as q railroad man in 1852 or 1858: have
been superintendent OF the Eighth avenue road for
seven years; the first steam road | had charge OF
was the New York and Flushing road for about
year and half; have been connected with the Har
lem road six wears, Hudson River about the same
time, with the Rock Island and Chicago Railroad for
the last seven years; am a director now on the Har
lem road and have been for the last six years. have
been president OF the Long Island road six years;
when came TO the Long Island road the rolling
stock in 1863 not sufficient to do tine business or
the rOad the road considered safe, although re-
quring some changes to insure fast or prompt run
ming; we keep regular books on the road:
pay our engineers from ninety dollars down.
the master mechanic has been instructed by me 10
pay such wages rs should command the services
Of first class men; the wages paid Is from ninety
dollars down, according TO the grade OF service
within the last two my Impression Is that DO
not know OF month that riders on M the road ara
that any complained OF the bad condition OF the
road personally to me; have seen 1t IN the news
papers and have heard of people saying so: as 10
the condition OF the road IN the neghb0rhood OF
Winfield could not now state any person that has
spoken to me on the subject ouside of the employees
of the road: Such complaint may have been
made, but | can't call II TO mind at the mo-
ment but If such complaint has beel made
this road has had over 100000 worth of new
iron put on 1t during the last fifteen months; no
poor second quality OF iron has been purchased
TO my knowledge, and purchased II all: these new
rails were put, think on every section ol the road
where IL was required. more or less: we use perhaps
five brands OF lton; we do use English rail now:
have $500 tons English rail to arr re now; 100
tons are at the wharf now; the best makers have
different brands; do not brand their iron at
all: do not know where the end OF this broken rail
Is: do not think 1t would be doing justice to this
necn Of 70 rs sac c,s @ ave my owns
theory about it, and ! might do injustice to
some party who probably does not understand
expense or trouble will be spared to find out all
about 1t; have also been connected with the Ben
ningtOn ana kuLlanu fOdu anu TIE iSeDdHOu
road; there may have been q complaint made about
the road between Northport and Hunters Point, and
If there was received my immediate attention.: IN
all such cases ! gave direction TO the supcrinten-
dent to attend to 1t at once.
TESTIMONY OF JOHN HOWELL.
reside at Jamaica, and am at present employed
on the SOnthsde Railroad; was not present ut the
accident; know nothing about the accident; have
been In general railroad business with the eXcep.
ton of running an engine; am not machinist;
have been engaged In building railroads. and tear.
ing up old and putting IN new iron, and
IN various different styles; these pieces look to be
the same iron; can only tell from Its general ap-
Sa this s sma piece Die OF that rail-
not altogether improbable and very possibly IL did
in my experience have often known II to be the
case for the caps Of the rail to come on irom the rail
itself: comes OF sometimes In the centre but more
commonly at the end OF the rail; the top Of the rail-
after the cap comes or looks very like this small piece
produced mere: / think from the looks that this
broken piece and the good portion OF the rail- that
tney were run through the same die and rolled IN
the rail, appears to be about the same thickness;
have known the cap to peel of from quarter TO
0 s nc ask and
tracks for the last sixteen years.
The inquiry was here adjourned until wednesday,
the 5th OF May, at nine O'Clock In the morning.
The jury through Mr.. O'DOnnell, protested against
the adjournment, and said they wanted the inquest
to proceed without interruption.
ROW BETWEEN MR.. O'D0NNELL AND MIR. CHARLICK
During the examination OF Mr.. Charlck by Mr..
ODonnel the foreman OF the jury, considerable Ill
feeling was manifested by both; but 10 was kept
pretty well hidden under cool exter0rs until the nd
jonrnment was announced, when
Mr.. Charlick peremptory demanded that Mr..
ODOnnell should relinquish the possession OF the
small piece OF broken rail which he retained ana
place IL In the hands OF the Coroner for safe keeping.
Mr. ODonnell vehementlv and excitediy refused
to comply with this request, on the ground tiat IL
was picked up on the scene OF the accident by him
in the presence Of the jury and that they were,
therefore, the proper custOdlans OF II.
The Coroner (who Is an old gentleman over
seventy seemed at loss how TO settle the disputed
point. and allowed the belligerents TO have their u
hing in q wordy warfare for scyera, minutes, to the
evident delight Of the audience but TO the disgrace
OF the decOrum and sOlemnity which should sur
round The proceedings In case with which so much
sadness is connected. Finally, on consultation with
his fellow jurors Mr.. O'Donnell surrendered the
piece OF rail to the Coroner with the understanding
that he to allow no one TO see IL until tie re-
assembling Of the jury on the 9Th Of May to resume
the inquiry.
Opinion OF a Citizen on the Construction e