Daily globe., 1878-02-24
HeaImess Of Circansstantial Eridence.

Shortly after Ashtabula accident q Mrs
Webber, OF, the town, who is Il roOr wom-
an with two children, appeared in the
office OF a well-known LAWYER, and stat
ing that she had every reason to believe
that her husband had been killed in that
disaster, requested him to begin a suit
against the railroad company on her be-
halt to recover the five thousand dollars
which the law allows in each case. The
evidence which she offered in proof of her
husbands sad fate was only Of q circum-
stantlal nature, as nothing was ever found
OF the body which was supposed to have
been burned. She had been to Ashtabu-
la, and in the debrss Of the wrecked train
she had found a bunch Of keys which she
positively recognized as having been in
the possession OF her husband One of
THESE keys, IN futher proof, she had ascer-
tanned, exactly fitted the clock in her
house, and an Auburn man was ready to
swear that he made just such a KEY for
Mr. Webber. Another key fitted exactly
aEchest which she had, while still another
OF the keys fitted exactly to the lock on
the door. But the strongest proof OF all
cloth which she had recognized as having
been part OF her dead husbands coat.
The proof by no means stopped here,
however. A wcll-known physician Of
this city testified that he rode to- Buffalo
on the same train with the deceased on
the fatal Goth Of December: while another
gentleman testified to seeing him take
| the train at Rufialo which went to- ruin
at Ashtabula.
With this all but positive proof that
the husband was among the victims Of
the disaster, the suit was begun, the
funds enabling her to carry it on being
supplied by well-known and;kind heart,
ed gentleman OF this city, she being too
poor to avail herself Of the benefits of the
law without aid. When the railroad
company's attorneys were confronted
with the proofs OF the plaintiffs case :hey
at once advised a settlement with her for
- 1000, or $1,000 less than she claimed.
But she wanted her $4,000 or nothing,
and then the railroad company's lawyers
concluded to let the matter 90 before the
courts. Asis we'll known the mills of
the Goddess OF Justice grind very slowly,
and time passed on.
The Investigations concerning the fate
OF the husband were continued, and
among other thingsit was ascertained that
he had been sent by Gen. Martindale, his
former superior officer in the army. to
Pension Home, either in Dayton, Ohio,
or to a similar institution in Wisconsin
1t Was atterWard ascertained that the
General had sent him to the Pension
Home in Wisconsin several days previous
to the Aslitabula disaster, and this very
fact soon brought to light the very i'm
portant disclosure that man ofhis name,
answering his description exactly, and
who stated that he had wife and two
children in Rochester, was still alive and
cafe in that institution, and that he had
not been near Ashtabula at the time of the
disaster.
OF course this knocked the snit against
the railroad company in the head; the
poor woman is out $4,000, and the kind
hearted citizen who advanced the funds
to carry on the suit is out his disburse-
ments, as the woman is toe poor t. repay
him. The case is a most remarkable one,
hewever, from the very fact that no per-
son doubts the entire truthfulness Of the
witnesses whose evidence formed the
basis on which the suit was commenced,
but who nevertheless must have been
mistaken. Ofcourse the plaintiff lawyers
feel much chagrined over the ridiculous
result Of their efforts. It certainly is
strange case Of sEnoch Ardenism'' in
new veln.---ISochester (N. ~ Express