The Portland daily press., 1871-06-30
Testimony i'm regard to the HaIIoweIl
Railroad Accident

<ASSA~OAAts
We gave on Thursday the verdict of the cor
oner's jury, fixing upon CHARLES Merrill, the
conductor of the mixed train, the res ponsibIl-
ity for the terrible accident that occurred
Tuesday on the Maine Central Railroad. The
following is the most important testimony
elected by the jury: .l.r qt5-,
John Holmes, conductor of the acconmoda-
ton train, said The last hour to leave Gardi-
ner is 8 O'clock Lett on Tuesday afternoon,
one minute behind time; run slow until met
with mixed train Would have made her time
in twenty minutes to Hslowell. Soon after
we came to ice beuse, l was in front eud of car,
looklng out, and saw an engine approaching
Passed through the cas- and notified passengers
That tram was coming into us, and told them
to take care OF themselves Passed out of car
and pext thing l knew found myself down by
the water in the liver. L looked up and saw
steam and smoke and pieces flying in the air:
went up and looked to see if Oby one on the
car was Killed or hit; first person that saw
who was injured was fireman on upper train:
requested the gentleman that was with him TO
take care of him. Next discovered a boot with
leg in it. Passed along and saw the enein-
eer, Mr. Berry, lying upon his back, dead; ex-
amDed to see if the leg was his, and found it
was: then searched for bis engineer, and found
he was there aud was safe; inquired for brake
man to send out with flag to warn freight
train; found that flag had been sent out al
ready; brakeman on down train had notified
people up river of accident, and requested as
sistance. Went back to dummy and foun6
two ladies on bank sitting down, when assist
ance came for them. Had no notice to change
time OF starting from Gardiner; had no knowl-
eoge OF traln being on road road was ours, ac-
cordiDg to printed Instructions; called atteu-
ton OF engineer to that tact before starting.
Time table was exhibited to show that the
down train was mixed train, aud should
keep out of the way of the accommodation
| han hat n
time we are always notified by Superintendent
or Assistant Superintendent. Despatch re-
ceived from Mr.. Lincoln at 9 o'clock in fore
noon saying that he could not hold on to the
tram more than five minutes. Had no official
notice that mixed train was 10 leave ont of
nsual-time, go. When notified by telegram
from Superintendent of change of time. we
generally repeat our instructions so as to be
sure that the notice has been received. [ run
my train Subordinate to the regular passenger
trains.
Levi L Lincoln, Assistant Superintendent
OF the Maine Central, testified; have charge
OF running all trains on the road The trains
are run by regular time table, these govern
All regular trains running Oh the road: in
structIons are given in detail as TO passing
points, on back of time table. Asked Mr.
Berry in the morning if he had time table
and ne said, mo, that's what l came in the
once Tor; gave mine away" 1 took one
from the drawer looked at tie number to see
ii it was correct, and gave it TO him. He ask
ed II this was special train; l told him it was
not; that it was regular tain. He said il he
mad the table be knew what he was doing
asked him how he happe Led TO be on the train
said that Mr.. Ellis had changed him at Bruns,
wick, Mr.. Bean is the regular engineer on the |
train, but was called off always regarded MIR.
Berry as one of our most careful men. Have
known him not TO take q vel bal order from
CONDUCTOR as TO passing point on the road
MT. Charles Merrill is regular conductor CT the |
mixed train. Some time during the day he |
esked me If had any instructions for him. -
SAID mo, you don't require any;you are run
ming regular train;" he asked me what time
he should get away from there, and | said I
had advertised the train to be delayed until 3 |
O'Clock; he asked me something about passing |
Holmes, and said ''you may not get awav |
from mere, and told some Of the members Of |
the democratic convention that could delay |
the train until 5lO; could not delay longer
than that, to make pass at HallowelI, and al |
SO to make connections at Brunswick for Bath /
and Lewiston. Think the last words said to /
Mr.. Merrill were, "let me know if you are de- |
layed so as to fail in reaching Brunswick. So |
that can delay the trains if necessary. and
mentioned the time, 6:35. This was not long
before the train started. | also said let me
know when you are delayed" When heard
in the office and operator said there was some
trouble. he said something about running in
to the dummy. He got a small part of the
message from Hallowell, and could get no
l.viC' AbO ncsSdSt udu DuG just commenced /
While we were waiting, l rem lrked that thew |
must have been running down to back off the
turnout at Hallowell. Alter four or five min
utes we got message that strain had run into
go Seow hsd all
then asked if Merrill was in the telegraph
Office Said "no, that Mr.. Stoddard broupbt
the message" 1t was the duty OF the mixed
train to keep clear OF the accommodation |
tram then went out to send a train with
In fhair 1inf l
rom Gardiner, message from baggage master
saying that they had coiIded with dummy
ana stating tina he as in Gardiner with flag
then sent message directed to S. X. Gil
man, or Holland, HalloweD, "We start from
augusta Tor Hallowell, with train, see that |
nothing comes this way" Took mattresses
tnd Tools on the train. Should have notified |
Mr.. Holmeslf he was to change his time. 7
never have crossed train without giving in
'tructions in writing. When Mr.. Merrill asL.
ID me during the day if there were anv snen;- |
Il instructions, replied mo, Won are yunpino
regular train. You may not pet awau frn,an
augusta until five O'clock" Tread General
printed rules that conductors direct attention t
no that cnna 10 special rules, and recommend
" ,nai o9hdpctors and engineers advise To-
'etueI anyways give explanations of in |
truetions when required p'"n"'o"' Vi IN 9
no. naiIo5 and tns, ,uGSnductoT of mixed train.
rom Portland at 10 ocioeakk r'xed IN Augusta {
lay; should have been there at az. on iues-
lumber of passengers to take at sta.;, tafse /
aged the train. Passed Mr.. Holtnes ~ c &c f
liner; should have passed him at HaioSx,eeI{affe
had been on time. After ! arrived at Al b
usta set my train off on the side track, and t
Vent into Mr.. Clapp's Office and made out nv S
xcess report, and from there into Mr.. Lin
oln,s office, and asked him if 1 should wait
ntli hye o'clock, as l had seen advertised
Re said, yes Then l asked him if he had ,
ny special rules to give He said. ssrnn ac. !
ordlng to the time table" In the afternoon !
niaoe up my Tram ready for Portland-tbree I
asseneer cars, smoking car and a how cor /:
sed as baggage car. asked one of the del, J.,
gates when the convention would be over
I'd be said at five o'clock. Ten minutes ba, .
re five backed my train up to the depot !
I'D was all ready to start at five O'clock ! I
hen went to the engine and asked Mr.. Berry !