The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-05-18
TIE RECENT COLLISION.
Verdict of the Jur,.-ArTest of Railroad
OfRcials-Their Release on Bail.

1t will be remembered that Oh last Sunday
week collision occurred on the South Carolina
Railroad, about fivemfles from the city, BY which
o colored boy named Thomas Weston Ashew was
killed.
Jury was summoned. Of which Thomas Jener'
son MacEey secured the toremanship The remain
der being colored men (nine o. zen OF whom
signed their names with "their marks. y named
as follows: ScIpio Casey, Reuben Manuel joseph
N. Duncan, Isaac Yates, william G. Lee. Peter T.
Richardson, John Green, Stephen Johnson, James
II. Howard, Thomas Mlshew. John Gibbes, John
Butler, and. Benjamin Cattei.
After the examination of numerous witnesses
the Jury late Monday night decided "that the
said Thomas Weston Mshew was crushed to
death oy the tender OF the engine Of the up-tran,
being driven into the car Of the do~n-train on
which the said Thomas w. Mishew vas sitting as
passenger, by collision with the doWn.train In
the South Carolina Railroad, about four miles
from Charleston, at or about torty-two minutes
past three O'Clock, on the afternoon Of May Stf,
1870; that said collision was due to the criminal
negligence of J. J. Boyden, dispatcher on the
South Carolina Eailroad at Charleston, IN failing
to start said up. train at the proper time and the
criminal recklessness Of Charles q. Ruffio, con-
ductor on the said up-train, IN starting said
train at a time when it was almost Ger
tain that 1t would collide With the down.
passenger train, and to the crimina: recS-
lessness Of John Aytes. engineer on the
said up-train, in running his engine at the rate
OF nearly twenty five miles an hour, knowing that
there was q train coming ahead OF him that was
not bound to wait at the turnout for the special
up.rrain, and knowing that he had but one brake
one his train Of twenty cars. And the jurors
further declare that the management OF said
road In the want Of precision in the starting Oh
trains, and In the dispatching Of long trains,
CARRYING passengers. with but single brake, aud
without bell-rope, and without instructions TO
shut OF steam and move at low rate o. speed
on approaching s curve of long radius, indicates
reckless disregard OF human life and the sarety
of passengers on the part Of the South Carolina
Railroad Company. And so the jurors aforesaid,
upon their osths aforesaid do say, that the afore-
said John J. Boy den, Charles Il. Rufio and John
Aytes, In manner and form aforesaid, Thomas
Weston Mshew then and there feloniously did
kill, against the peace and dignity OF the State"
The coroner, on signing the verdict, notlhed the
jury that, although the law compelled him to sign
the same, yet he wished 1t understood that ne did
not concur with them In charging the parties
therein named with felouIous killing.
Yesterday morning Mr. J. J. Boyden, dispatch
er on South Carolina Railroad, Mr. Charles Il.
Ruffio, conductor, and John Aytes, engineer on
the special train were arrested and committed
to Jail, bail being refused.
Later In the day the prisoners, through their
counsel, Messrs puryea Cohen, Sinons Il
Siegllng, and ]. A. Moroso, sued out writ OF
haoeas corpus before Judge Pringle, returnable
at half-past o'clock P. NJ, IN the City Court.
room. At this hour the writ was returned. and
after long arguments, Judge Pringle admitted
the accused to bail In the sum Of $25oo each.