Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1878-05-03
CircumstantiaI Evidence.

Shortly after the Ashtabula accident
Mrs. Webber, of this town, who is a poor
woman with two children, appeared in the
office Of a well-knOwn lawyer, and, stating
that she had had every reason to believe
that her husband had been killed in that
disaster, requested him to begin suit
against the railroad company on her be-
half to recover the flvs thousand dollars
which the law allows in such cases. The
evidence which she offered in proof of
her husbands sad fate was only of cir
cumstantial nature, as nothing was ever
found of the body, which was supposed to
have been burned. She had been to Ash
tabula, and in the debris of the wrecked
train she had found bunch Of keys which
she positively recognized as having been in
possession of her husband. One of these
keys, in further proof, she had ascertalned
exactly fitted the clock in her house, and
an Auburn man was ready to swear that
he made just such key for Mr.. Webber.
Another key fitted exactly a chest which
she had, while still another of the keys
fitted exactly to the lock on the door.
But the strongest proof of all which she
had discovered 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 we'll
known physician of this city testified that
he rode to Buffalo on the same train with
the deceased on the fatal 29th of Deeem-
ber; while another gentleman testified to
seeing him take the train at Buffalo which
went to ruin at Ashtahula.
With this all but positive proof that the
husband was among the victims of the dis
aster, the suit was begun, the funds en-
ablIng her to carry it on being supplied
by well-knOwn and kind hearted gentle
man 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 they at once advised
settlement with her for $4, 900 or $1,000
less than she claimed. But she wanted
her 1000 or nothing, and then the rail-
road company's lawyers concluded to let
the matter go before the courts. As is
well 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 things it was aScertained that he had
been sent by General Martindale, his for
mer superior officer in the army, to PEN
sion Home either in Dayton, o., or Il SIM
liar institution in Wisconsin. 1t was af
terward ascertained that the General had
sent him to the Pension Home in Wiscon-
sin several days previous to the Ashtabula
disaster, and this fact soon brought to
light the very important disclosure that
man of his name, answering his de-
scription exactly, and who stated that he
had wife and two children in Rochester,
was still alive and safe in that institution,
and that he had not been 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 to carry
on the suit is out his disbursements, as the
woman is too poor to repay him. The
case is a most remarkable one. however,
from the very fact that no person doubts
the entire truthfulness OF the witnesses
whose evidence formed the basis on which
the suit was commenced, but who never
theless must have been mistaken. Of
course the plaintiffs lawyers feel much
chagrined over the ridiculous result Of
their efforts. 1t certainly is a strange case
of EnOch Ardenism ina new vein.
Rochester Express.