Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1878-01-25
0ircumstantial Evidence.

The terrible disaster at Ashtabula, on
the Lake Shore Railroad, on the 29th
of December, 1876, little more than
year ago, will long be remembered as
one of the most awful in its results that
ever occurred in the United States.
Shortly after this accident, Mrs. Web
Der, who is a poor woman with two
children, appeared in the Office of a
lawyer in this city, and, stating that
she had every reason to believe that her
husband had been killed in that disas-
ter, requested him to commence suit
against the railroad company on her be-
half. The evidence which she offered
to introduce in proof of her husbands
sad fate was only of a circumstantial
nature, as nothing was ever found of
the body, which was supposed to have
been consumed in the flames. She had
been to Ashtabula, and in the debris of
the wrecked train she had found bunch
of keys which she positively recognized
as those having been in the possession
of her husband. One of these keys, in
further proof, she had ascertained ex-
actly fitted the clock in her house, and
an Auburn man was ready to swear
that he had made such key for the
deceased. Another key fitted chest
which she had in her possession, while
still another of the keys fitted the lock
on the door. But the strongest proof
of all which she had discovered was a
piece of cloth which she had recognized
as having been part of her dead hus-
bands coat. The proof by no means
stopped here, however. A physician
of this city testified that he rode to Buff
falo on the same train with the deceased
on the fatal 29th of December; while
another gentleman testified to seeing
| deceased take the train at Buffalo 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 commenced, the funds en-
abling her to carry it on being supplied
by kind-hearted gentleman of this
city. When the railroad company's at
torneys were confronted with the proofs
of the plaintiffs case they advised
settlement with her for $4, 900. But she
wanted S5,000Or nothing, and the COM
pany's lawyers concluded to let the mat
ter go before the courts. The inveSti-
cations concerning the fate of the hus-
band were continued, and it was ascer-
tained that he had been sent by Gen.
Martindale, his former superior officer
in the army, to the Soldiers Home in
Wisconsin several days previous to the
Ashtabula disaster, and these facts soon
brought to light the very important dis
closure that a man of his name, an
swering his description exactly, and
who stated that he had wife and two
children in Rochester, was still alive
and safe in that institution, and that he
was not near Ashtabula at the time of
the disaster. OF course this Knocked
the suit against the railroad company
in the head; the poor woman is out
$4,000, and the kind-hearted citizen
who advanced the funds is out his dis
bursements, as the woman is too poor
to repay him. The case is most re-
markable one, however, from the fact
that no person doubts the truthfulness
of the witnesses whose evidence formed
the basis on which the suit was COM
menced. OF course the plaintiffs law
yers feel much chagrined over the ridic-
ulous result of their efforts. Rochester
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