The Beaufort Republican and Sea Island chronicle. [volume] (Beaufort, S.C.) 1869-1871, 1870-05-21

was crushed to death by the tender OF the englue
of the up:train being dffSen MO faCg rzruf tfie
down train on which the said Thomas W. Mishow
was sitting az passenger, by collision with the
down .train, ihthe South Carolina Railroad, about
four miles from Charleston, at or about f6rty-two
minutes past three o'clock, on the afternoon Of May
9Th, 1870; that said collision was due to the crimi-
nal negligence Of J.J. Boyden, Dispatcher on the
South Carolina Railroad at Charleston, in failing
to start said up-train at the proper time, and the
criminal recklessness of Charles II. Rufio, Con-
ductor said up-train, in starting said train at
time when it was almost certain that it would col
lide with the down-passenger train, and to the
criminal recklessness Of John Aytes, Engineer on
said M train, Ii running his engine at the rate of
.nesrly twenty-eye miles an hour; knowing that
ttsrs las a1laiI oIigz sead ef hiia thatawas not
Eboand to waifAt ts; turi-Gut for ths special up
train, and knowing that he hse but one-brake on
bis train of twenty cars. And the jurors further
'oeeasxs that the management of said Road, in the
want OF Precfssss.i.khas starting of trains, and in
the dispatchng of long trains, fryngp..-..sers.
with but single brake, and without bell-rope,
and without instructions to shut off steam and move
at low rate of speed on approaching curve of
long radius, indicates reckless disregard of human
life and the safety of passengers on the part of the
South Carolina Railroad Company. And so the
jurors aforesaid upon their oaths aforesaid do say,
that the aforesaid John j. Boyden, Charles Fl.
Rufio, and John Aytes, in manner and form afore-
said, Thomas Weston Mishow then and there felo-
niously did kill, against the peace and dignity of
the State.
In witness whereof, /, E. W. Whiting, Deputy
Coroner aforesaid, and the jurors aforesaid have
interchangeably put our hands and seals the day
and year above mentioned. -
Signed: E. W. Whiting, Deputy Coroner; Thos.
J. Msckey, Foreman of Jury; Scipio Casey, Reu-
ben Manuel, J. M. Duncan, Peter Richardson,
Isaac Yates, Thomas Mishow, John Green, J. 81.
Howard, John Gibbs, Benjamin Cattel, John But
Ter, Stephen johnson, W. G.. Lee.
The Coroner, on hearing the verdict notified the
jury that although the law compelled him to sign
the same, yet he wished it understood that he did
not concur with them in charging the parties
therein named with felonious killing. 80
ARREST OF THE PARTIES.
Mr.. j. ]. Boyden, dispatcher on South Carolina
Railroad, Mr.. Charles Il. Ruffo, Conductor, and
John Aytes, Engineer on the special train, were
arrested and committed to Jail this morning. Bail
was refused. We are informed that steps viii be
taken to release them on writs of habeas corpus.
RELEASED on BAn.-Writs of habeas corpus
were sued out Tuesday afternoon by Messrs. Dur
yea 3 Cohen, simons 4 siegiing and A. Moroso,.
counsel for the train dispatcher, conductor and
engis6er, who Here imprisoped. on tbas finding Of
the corSners jury, as being guilty Of the felonious
killingof the boy Mishow, rnc rsftroHd col
lision. The writs were returnable at halfpast
o'clock in the evening, and at that hour the case
came before Recorder Pringle, who, after hearing
long arguments from each of the counsel admitted
the prisoners to bail in $500 each.