The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-01-24

How 1t Proved that an Old Soldier Was Killed and
Burned at Ashtabula Who Is Now alive and
Well.
Rochester Express, Jan. Ill
The terrible disaster at Ashtabula, on
the Lake Shore railroad, on the 10th of
December, 1876, little more than a
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 Webster, who is a
poor woman with two children, appear
ed at the Office of lawyer, in this city,
and, stating that she had every reason to
believe that her husband had been kill
ed in that disaster, requested him to COM
mence a suit against the railroad compa.
ny on her behalf The evidence which
she offered to introduce in proof of her
husband S sad fate was only of a Circum.
stantial nature ,as nothing was ever found
of the (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 ofthese keys, in further
proof she had ascertained exactly fitted
the clock in her house, and an Auburn
man was ready to swear that he had
made such key for the deceased. An.
other 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 dis
covered was piece OF cloth which she
had recognized as having been part Of
her dead husbands coat. The proof by
no means stopped here, however. A ply.
sician of this city testified that he rode to
Buffalo on the same train with the de-
ceased on the fatal 2oth of December;
while another gentleman testified to see.
ing deceased take the train at Buffalo
which went to ruin at Ashtabula. With
all this but positive proof that the hus-
band was among the victims Of the disas.
ter, the suit was commenced, the funds
enabling herto carry it on being supplied
by kind-hearted gentleman of this city.
When the railroad company's attorneys
were confronted with the proofs of the
plaintiff case, they advised a settlement
with her for 81, 600. But she wanted S.
oooornothing, and the company's lawyers
concluded to let the matter 60 before the
courts. The investigations concerning
the fate of the husband we're continued
and it was ascertained that he had been
sent by Gen Martindale, his former su
perior officer in the army, to the Pension
Home in Wisconsin, several days previ'
Gus to the Ashtabula disaster, and this
| 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 anC
safe in that institution, and that he was
not near Ashtabula at the time of the dis
aster. OF course this knocked the sui
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 disbursements, as the wo'
man is too poor to repay him.-The cast
is most remarkable one however, from
the fact that no person doubts the truth
fulness of the witnesses whose evidence
formed the basis on which the suit wa!
commenced. OF course the plaintiff
lawyers feel very much chagrined owe
the ridiculous result of their efforts.