The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-17
A Judicial Inquiry Into the Cause and Re-
sp?nsibility for the Fatality.
WHOSE WAS THE FAULTS
No Danger Signals Sent Out by
the Freight Train.
NO NOTICE OF THE DELAY.
[pY TELEGRAPH TO THE uEaALp.1


One week ago to-day the HERALD chronicied the
terrible railroad disaster ut oss,on station, the
Old Colony Railroad, by which eighteen persons lost
their lives and over 6ity were severely wounded.
The details OF that accident fresh In the minds Of
the public ana there has been during tho week
siderable discussion as to where tho responsibility
rested. The Railroad Commissioners have had theii
Investigation, the results of which have becn pub.
lished from timo to time; tho medical examiDen
have also looked into the matter and passed ON the
injuries from which tho hApless victims diod. Now
comes the legal Examination into tho causes Of the
disaster, which began this morning IN the town Of
Quincy before Judge Bumpus. sitting In the town
Court President Choate and Superintendent Ken.
dr,ck, OF tho Old Colony Railroad, were prea.
ont together with Charles H. Hartwell, the
conductor OF tho freight train who Is now under
arrest for manslaughter. When tho Court was
formally opened Judge Bumpus called for the road.
Ing OF tho roll Of witnesses. which was donc by
tho Clerk, tho following answering 70 their
westcott, G. B. Rowe C. H. Hurlburt, J. y.
Fitzgerald, n. B. Bcxrord, H. benin. W. A. Osborn,
ley William Anderson D. A Lincoln, (: =. sanborn,
d. John Gilbert. DR. W. l. Faxon, J. w. Hayden, A.
j. Frost, Aedical Examiner Morrison, Asa French.
District Attorney, acting as cross-examiner.
EVIDENCE OF THE ENGiNEEI-
Charles II. hurlburt, engineer OF the Newport local
tram was lno hrst witness. The train, no said, or
dinarily stopped ut Neponset. but on October the
conductor orders 10 stop ana Bran.
Tor coal cars, &C.: he was que a. Wallaston NJ
tive minutes past seven; mad no idoa that an excur
son tram was on the road thought hal arrived 10
Boston before he lett the CITY IN fact Mr Hartwes
the conductor. told him that 1t hai we had said ne.
fifteen or sixtcon cars on our train We made
no stop alter leaving Boston until wo reached tho
wollaston pit; We backed over INTO The pit with
the engine. leaving tue train standing on the
outward track; think the conductor at.
tended the switches; no sgnasa were sent out;
suppose II was the conductors duty 10 do SO; tho
signal is 4 red lantern; Know no reason why signals
we're not sont out, except that 1t supposed BE-
all sale, thought That the excursion
Boston; wncn out from tho PIT, with five
platform cars and box Cur, saw the headlight
OF The engine OF tho excursion train down below
ana tod nv fireman to swing il out which he ibid:
did collide with the excursion tram aftoF We
started from the pit the brakeman was on the BOZ
car, didn't see Mr. Hartwoil, but suppose he On
Nat cars; neither nor my fireman had anything
do with the switches that night; alter ! got
signals on tho two switches, and watched
them until tho passage OF the excursion train bid
thom at that time both showed red; my engine was
then about At The crossing OF The WOllaston shoe
machinery factory; alter the accident Conductor
run 10 Quincy and telegraph 70 Boston tor sur
geons; he also told me that he had the lock
out the side track switch and II no had had Two
seconds no would nave got it thrown over; also
told mo that no was thrown from tho switch BY the
struck; should think that tho extra-slmo train was
running about twenty mos an hour, that is for
guess; don't swear TO tnat there was rule OF the
road 10 put red signal in all where
crossed track, far enough away 10 stop any srain
AartWelPs ". kehaIds
son, OF Loweil:-Did not SEQ Hartwall himself from
the timo uncoupleo and left train on the out
ward track until after The accident, but saw what
supposed DO his lantern no back Stacking
the cars; my engine. tender, and the cars took Ia
tho pit were longer tnan tho csnnectng track
between the outward ana inward tracks; when
l saw Abe excursion train coming pulled ous my
throttle anu Increased Tho speed worry suddenly;
probably doubled our speed; cannot say what, any.
lhing changed the switch leading the pit track
70 inward track. excep: what Ihsve testinsl
TO (what Hartwell told HIM; cannot that the
suddenly Increased speed Of my did not, 10
way switch, Uut don't think IL likely:
known 70 mo tina. would indicate that there
was m incoming train near by; should
s,gaal boisg put out had 70 no. supposed
the excur s,o train had passed; very short time
after the accident Hartwcll camo to my ougine; did
not leave my engine, nor did NY fireman; Hartwsii
told INC what previously stated, and showed me
cut on his hama. where be was hurt when the
train struck the switch we had run tho train 70.
with other; OF che passengers ,he sxcur.
when uartwe got to my engine; never Was In my
mind the failure TO put out danger signal might
10 nartwen's counsel Whom my engine 10 de-
tachod II 10 the conductors business to keco signals
much II II was connected with the train; be
has mon Tor that purpose.
rnR YiRnags's TESTIMONY.
J. 0. Fzecrad, fireman on tho freight train. tessi
fed that no did not hear anything about the ex.
cursion train; when tho engine was separated from
the au the engineer alone nad charge but the hcad
braKeman's duty 10 the signals 10 any case.
according 10 rules; there was light on the engine
reaoy but tho engineer said that this was
bad place no wanted him witnoss) to remain ON tne
engine and ron slowly and carefully down. and
signal sent out going over tho switch aud com.
ing back everything appeared to DO all right about
tho switch no thought the nsor lot full head
OF steam about tho time hc saw the approaching train
fifteen minutes after The crash that Harswsii came 10
the upgiDe; going TO Woilaston Hartwcll SAID the
head engine got 10 tho switch before no got 70 ~,
and as the tram got switch It threw MIN into
tho bushes: tho Cape train mao red
hag that night indicating that another tram
xsue IN
the freight house he did not note Inc running OF
PASSENGER trains; his duty was slmpy 70 obey the
tables the running Of extra trans; Eetning vas
said TO him regarding signalling that nigh. slough
the Is THAI signal shall be sent out crossing
tracy ,ha, don't belong TO you tho fireman goes ~
all Tor that purpose he IL soDt by tho enginsss
BHAKExAN's srosY. ~ -
George Luthor trakeman tho freight train, tssti
fed tho unshacgng VI oars At the woliaston Prs;
started aud vas thsre when the track was being
crossed; getting on, Hartwcn stood between tho
an,ii his car. which was next TO the lender. sos
on tho outward track; saw the headlight
track; he Hariwoli running back TO No sviseh.
because the excursion train BY soon; tho
conductor acted as brakeman that night up 10 gong
into pit he snw him next about twenty twen-
tvnve minutes later; alter tho return from woins-
ton, he thought, witness stayed BY the tram; he
carried out q red light TO warn tho seven O'Clock
train IRON Bsston; ordinarily IL was his duty 10
out signals ia the roar but NOS n ths 'front.'
Hartwoii, when both were down IN the pit asked
witness II a red Nae had been sent out no know
nothing about any excursion tram when he nrst saw
tho headlight oil the approaching train he thought
u was about nj woiias,on station; whom NJ.
Hnrtwei In q posttten TO tho head
light no twitncssl saw IL tho train was noar that
the head Of tho engineer or fireman Of tue approach
ing train could DO seen; hartwcll jumped IRON shs
car; the freight train was gong sbou. nvs miles a.
tho switch, nor, under tho crcumstanccs, whom shs
seen, could anything be done BY any one 90
tho freight train; he did not think any train could
run over one of those when shooksd" ~ be
left Thorn and SO 'throw them out"
sxKN
Cha rles Westrate, engineer Of the onward soco>
motive Of tho train, said that ne was run
ming the rbte OF twonty mlce per hour; the nrss
he Of the danger seeing tue reigns engine
about three bundrca feet ahead on me track
he did not think these switch sgnas could
be seen far away ns QUINCY uep0s, oue
thought woiiaston depot was the nearest
point 10 the ghss he saw lantern swinging on
the track alter passing the woiIss.on station, sSs