New-York tribune., 1869-05-06


the west OF tho break rested IN chair, and unn
jured the chair Of the whole pattern here shown
the break judged TO be about i've fee 1t crossed one
tie ana was broken right In the center Of another tie
saw, 70 the right foot or two, piece OF rail ;
noticed the ties, and Thought them good and
substantial and wondered at tho rails breaking there
looked particularly 20 the OF the break, and
cOnd reason; think the long end OF the broken
pear TO be disturbed; did not notice 20 there
any marks on the M es; en- soe tue accident nave seen IN m
40 feet; consider the Long Island Railroad safe as
any road travel on
James j. shipman sworn-Am not in tie employ OF the
Railroad Company by profession, civil engineer; have
succeeding the accident passed over this road from
half mile east OF where the accident occurred 70
in good line, and the surface smooth and joint tes
ai Solo nSuced 10 OF u new nes riGfiv y
the accident; the rest between there and Jamaica; c
have lhad charge Of some 9C niis nlIes
believe they allow for half inch in "a foot ran tne
mark on this piece looks like Guest, Lewis Cos maL %
meaning the small pece the bers OF the two peceS VI
wrought iron appear TO differ more to the naked eye T
under tho lens under the instrument the
part Of the rail- the small piece docs show that car
had passed over 1t that daY single IocOH0tlve P9ess
Co is &c & L. !" they do business in Wales England;
can't say Of my own knowledge whether the @ man @ t oed
chemist can tell II the two pieces belonged togeheF
At this point o'clock M the 6orOmeF iSG cond SdeG cop,ep
together for minutes and if possible agree as to the
time when they would adjourn on re ASSEM- n9 more
tdsnce and tSat tSey wished the Coroner furnish
them with cOnveyanoes that they might VISIT the
The Coroner refused TO furnish the c9hyeYaapc@9s, @
and they afterward furnished by MT ODonnei the
foreman Of the fury DstrlctAttOrDey Downing and Mr
Charlck both wished the inquest kept open having i'm
pOrtan testimony TO offer. Mr. Charck also stated that
for the last days the maker Of the broken rail had
been present. and no wished him TO give his testimony,
which he thought very important The jury returned
at o'clock, and their names were again called Dy the
Coroner The foreman Of the jury stated that II any OF
they speak. Mr. Lswrey thought that If there was
any way anayze the iron the inquest should be kept
OPEN Mr.. Charlick here stated that he understood
that experts In track ana rall had Deen sun
penaed and were present but had not been called,
and with the consent OF the jury Martin W. bhurz was
Reside at Chicago; am railroad man. have been
Railroad for 4 months Roadmaater; have examined
the pieces OF iron shown; think the rail cut ShOus
tie mark Of cold chiSel rery plainly do not hlnk ne
small piece shOD this Fd CIhe witness here
explained the railroad iron is Cu. do not see any
tracks the other side that look II it cut with
chise will not say positively whether or not the small
piece part Of the track; worker in iron could tell
whether the iron the same grade by working II;
think II that rail was cut II was cut by some person
who had no business TO do IT, for the purpose OF Throwing
the train from the track; the abort piece should thh
not recently In the track; wheels passing over II
would smooth II down.
The evidence being all in 1t submitted TO the jury
with a few remarks.
At q late hour they brought in the following verdict
AVE. as jurors impanneled to investigate into the cause
of the death Of William c. Rushmore. Matilda NJ. Pray
Orestes o. Pray. Patrick Shannahan. George Van Nos
trand, and Jane Adams came 20 their death on the
morning Of the 23d Of April 1862 by accident which
occurred on tho Long Island Railroad, near the Willow
tree Station in the town Of jamaica In consequence
OF car being thrown from the track by defective rail-
and hold that tho Long Island Railroad Company
sponsibe for SAID accident by negoctug their duty in
keeping their track in proper order"