The New York herald., 1869-05-06

may find the spikes little loose; II ran mas Two
it unsafe; | was never refused material to re-
par that track; l always had too much
mer left about 500 tes two natsl and between
ffty and sixty rails; never asked i0r any ma
terlals that was refused only 1wT ns s nn ne
man. named Claus Fredertcks, nad charge OF u the
time OF the accident; applied to the roadmaster
In good repair; the small broken piece OF rail- shown
wltne 81 If an end OF rail was IKE this would not
going over longer distances Of rail bad that.
TESTIMONY OF THOMAS WHEELER.
Reside near Willow Tree station; Willow Tree sta
ton is about 500 or 600 yards OF the Of the
cident; my house is one-eghth OF mile to the south
Of the accden was ~ tne vage On tb ne Ta 81
at Willow Tree station In my wagon and saw the
cars on the road east at stand Still; went there
accident occurred approached 1t from the west
looked at the track as ! came along and saw
of the break were apparently unnjured;
the east end Of the rail west or the break was appar
ticed was of the whole pattern produced here; the
break judged to be about five feet from the gap;
was broken was right in the centre Of another tie
it occurred to me as very strange that break
looked at nothing particularly except that gap;
saw to the right about q foot or two OF rail that
Sd Of s a a long haoea 9s se s
saw no bad ties there; thought they
breaking there with so complete ties; think the
long end Of the broken rail undIsurbed from the
ties and lay IN its ori.lnai positon On .ne track;
know the pressure ouWards OF tne truck 10 te nOrth
did not occur until some distance east; tninK the
ties were In the positon IN whicn t4ey % were placed
marks in the ties; the north side OF the truck pressed
out to the north; am only giving my impressions
as passed over the track on that day. since that
time 1 have seen indentations west Of where the
broken rail- was; have felt very safe on the
track ior the last year o from willow Tree
conditlon-a very gooa conaition 10 what we
have had II petore; consider IL Ia good condition
independent OF any comparison; nave travelled over
II for sixteen years and consider II IN as good condi
ton as any otner roaa nave traVeiled on.
am not in the employ Of the railroad company at
present. am cvll engineer Dy proesslon am IN tnat
occupation on apous tirty.nve years; examined tne
been IN the habit OF passing over the road four or
i've times week i9r 3 the last twelve lively years. have
the last seven years; my specially s clvh engineer
and have been engaged N examining railroads;
from where the accident occurred, up to Jamaica;
found the ran IN goOd line, the SURFACE smooth ana
the joint ties all sohd noticed ten or twelve new
ties which appeared to be recently put on the track;
there were some four or five new ties In the imme-
diate vicinity o. where the accident occurred, bnt
noticed only five out OF 5000 which thought were
detective; I considered the track to be In good
order; think the whole road was in better
order than 1t has been q. any time for six
years previous to this day; / know from
personal observation that large amounts of new
material have been put into the road for the last five
years; have mad frequent orders for land surveys
which required me pass over the road some times
five miles at q time / am not an expert but have
been in the habit Of comparing different pieces OF
iron examined the pieces produced here recently;
/ do not see why that rail Is not strong ana as
good rail as any rail- the Long Island road; do
not think this small piece here produced was ever
different kind of IRON in the first place and in the
second 1t is an inch too long that rail- know by
the fracture 1t Is o different piece OF iron;
INV Judgment in reference to its QUALITY 40 far as
the fracture concerned Is based appearance;
with magniher think. you could tell the differ.
ence in density; have only examined 1t with the
naked eve: dealers in the article suppose, could
tell very readily the die is dssimilar think this
small piece never went through the same roller as
the larger ope think these three pieces were
united; $1,000 rails there would not be sixteenth
when they are hot SO that when they cool
they will be of the same length-twenty-
four, twenty-one or eighteen feet, as they
NAV be meant to be; these rails here are
all rolled there Of them cast The witness
here went TO state the process by which railroad
iron was made.) He was further examined at great
length by OF the jury touching his knowledge OF
iron but his answers were substantially In con-
formty with his previous testimony. lie stated IN
strument the fracture the larger piece Of ran and
that on the smaller appeared similar.
rail Is Guest, Lewis d CO.'S brand; they are iron
masters IN Wales England; tnis large ran Is Engsn
iron; can't say from my own knowledge tnat tlie
small piece is Engilsn iron the pottom on tle si!a
piece iooss as II II nau Deen oneui chemlst can yen
by analysis whether these TWO ever Gonposso tne
one piece. He Was nere asheu W put uues. ueyice ~
on SIP Oh paper anu ne pu' ~ uown as IT, L. J
,,, soENE ALL @ huuNp; -; ouox. a., =
"A discussion mere arose DeVweeu tne Oorouer, Tue
District Attorney ana tne Jury as 70 whether the "a
qury sn0uu pe luruuer augouiIieut iti ~ 1os III M
o'Donneil anu M. ha9ner, ou penaiI VI tie Jury,
protested against any adjournment and SAID the
majority OF tne JURY were IN i'or VI soins on au
nnsnn9 up tue attei; AiteI soou ueai vi M al "
Men, Wo au G1, h one ,,tea ,n, M o t usi,o
the jury, ailoWeu them niteen inupes lor consult-
tlon. -, -,
Inc room was tnen cearen OF an ous tne jury, anu
at tne expiration Vi Tue alosteu 'ilie the SoIouel
AGAIN entered anu took nis sea, "sAins ene jury
wnat tresoiuton Ihey nau COME 70. Ar, -.
Mr: Hagner-Ine Jury nave co,ne 10 tme conc,usion Isl
tna tney VIII receive no Iurther testiuony, anu WISH
that the Coroner iertnwith, supply tneih WIN con,
Veyances 70 go ahu Vew the scene Vi 'ne acciuent
again. . 49,. ,-,.. a, -. T.,
CJroner-l VIII yleIu 10 inc WISHES vi tne jury III