Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-06-20

that time, and the stay rods put in new. 1t was in
the shop two months was thoroughly examined as
it could be without taking out the tire-boX i'll 1867
was examined inside and out. After the repairs in
1869 il was used mostly for freight services l mad
some conversation with Ford about this engine;
he said il run hard and the throttle worked hard;
that the head bulged out and the stay rods might
be broken the day before the accident talked with
him at Charestown; he spoke about wanting to be
in with his engine; | the engine after the acct
dent, but did not examine it then; looked at the
stay rods and found them to all appearance wholei
one oil them seemed slack; the pOller was taken on
and sold; cut of by my direction; could not see
crack in inside of boiler while fire box was in;
throttles of this form most always work hard; the
stay rods were also taken out. WITNESS exhibited
them
testified: did not consider myself machinist or
do the incest work in the shop the short stay rods
were some of them broken; the remaining portion
were safe; Ford told me he thought one stay rod
was broken; did not examine it; think 1t safe to
with one stay rod broken or with three broken,
though would not run with four broken; If the
boiler bulged, 1t must tend to weaken it, knew OF
the dispute about the stay. rods being brokeni
thought Ford might be mistaken; did not order ex-
animation next day; made no examination of the
throttle after Ford run her
f. p. Tatock, machinist of seventeen years eX-
perience, foreman of Fitchburg railroad repair
shop, CharlestOwn-Got dispatch that the stay rod
was broken; told him did not think it broken;
examined the break after the explosion; on one
side was a new break; the crack could not be seen
from the inside; of the stay rods were broken;
Ford said something about the throttle; the bulge
had been there since 1861 or '62.
Peter B. Brigham and w A. Brigham of Boston,
W. p. Faulkner of South Acton, directors; W. B.
Stearns of Boston, president; and z. l.. Haywood,
superintendent of the road, testified to their entire
satisfaction with Coolidge, as a competent master
mechanic; he selected from several competitors
for the place after considerable discussion; MIR.
Stearns had known him for fifteen years
Moses Bailey, engineer on the Fitchburg rail-
rOad-Run the Concord in 1864 for freight; could
not tell the cause of the hard throttle; the bulge
mad existed ten years. it run harder that last morn
ing took her out than when l run her before;
told the fireman would not be willing to run her;
should not consider her fit engine to run with
such throttle.
Isaiah Brooks of Concord for twenty-three years
engineer on the road, and John Adams of Fitch
burg conductor, thought Coolidge an entirely COM
petent master mechanic.
This closed the testimony for the defence. The
plaintiff then put in the following additional test
mOny:
Addison Robbins, machinist in the Vermont &
Massachusetts railroad shop at Fitchburg-Went-
down and looked over the wrecked engine; never
saw 1t but once before; made one hours thorough
examination; am convinced the crack could be seen;
should say the crack was two inches above the lap;
it blew one-eighth of an inch below the joint.
Mr.. Staples began his closing argument for the
defence at quarter past P M, and concluded at
quarter "A, 1t was an able and searching review
of the testimony and the points of the case taking
the ground that the accident resulted from no de-
feet in the engine, if any existed, but from
entirely unforeseen which could not De guarueu
against.
The engineer should have exercised his own
best judgment and not broken the rules of the
road as he did. Coolidge had come here to testify
from sick bed, under the most trying circum-
stances, put on trial by man more to blame than
he was. COoledge's competency for the position
was affirmed by all connected with him. The
amount of damages claimed, $4,000, was pro-
nounoed extremely excessive, being three times
what the law allowed to q widow in case of the
death of her husband by the fault of corporation.
Mr.. TOrrey began his closing argument for the
plaintiff about four O'Clock, but had not concluded
when the court adjourned about five. He said that
by the ruling of the court there three points
on which the issue of the case rested: l. Whether
the railroad company exercised due care and pru-
dence to guard against the accident; 2. Whether
the engine was a safe one; 8. As to the competency
or incompetency of the master mechanic of the
road. On all these he held the corporation greatly
at fault.
AS a railroad man himself, Mr. TOrrey said he ad-
vOcated the cause for his client, an humble em-
poye of powerful corporation, in order to teach
railroad corporations lesson to be more careful
and consderate to the lives and limbs of their
| employees, a rebuke which he thought the old
Fitchburg railroad company particularly deserved
to have administered to them for their remissness.
The court room was crowded the entire DAY. The
| case will probably go TO the jury by noon, to-day,
| and verdict may be expected this afternoon OF
| evening