The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1878-12-12
HANNAH Y SHIT
p,orE
CYRELpA LEES TESTIMONY.

oath: / knew the deceased; | saw HIM
last alive about IL o'clock this morning at
the coal shaft; he was picking up coal he
had sack with him ! raw the Rock Is
land train coming from the direction of
Atchison | was near the track and got out
OF the wsv he was on the track of the train
approaching, and Berry Walter called him
to get on, OF the way, and he stepped on a
side track, but not lar enough from the
cow-catcher, which caught him aud he was
carried on II eight or ten yards and fell
of Off, and down i,ll Of about sixteen feet
in hight CYRELDA LIE.
MARY WILLIAMS TESTIMONY.
Mary Williams, being sworn, deposes as
follows: saw Nathan Smith this morning
about 10 O'Clock at the coal shaft; he was
picking up cosl. | heard the train coming
from Atchison, and walked away from ii.
The train did not whistle or ring the bell !;
| looked back and saw the deceased on the
cow-cs tcher witirhis hand or arm up; ne
was carried eight or ten yards on it, and he
fell off The train was moving very last !;
when last saw him he was on the track
the train Was coming on.
Macy WILLIAMS,
hi-.Ns a-ii-> - hbsis~'N9
Benjamin Walters, being duly sworn, de-
poses as follows: ! saw the deceased this
morning about 10 O'Clock, alive, and with
in two feet of the Rock Island track as the
train was coming from Atchison, and as
was up close to him he stepped in front of
1t to cross over TO the west side; | sup
posed then, and now think. he did not know
the train was at all near him his sight was
not very good; saw the cow-catcher
strike his right leg, and fell up on it, and
was carried about eight or ten feet on it;
then he fell of in front OF it, with his head
first, and the cow-cstcher showed him along
and finally threw him of to the mill slide,
down fall of sixteen feet; am positive
that there was no warning by bell or whis-
tie; i; Was going at full speed, mile in
two minutee, ] would suppose.
J, BENJAMIN WALTERS
ROBERT BELLS TEsTIMoNY.
Robert Bell, being sworn, deposes as fol-
lows: This morning at 10 o'clock l was
down at the coal shaft and saw Nathan
Smith picking up coal; l saw the Rock
Island train coming along and the COW
catcher hit Nathan Smith and carried him
along on it for a few yards, and then
threw him of where he was found dead.
There was no whistle or bell tolled and
the train was going fast.
ROBERT BELL
Dr. THOMAS TESTIMONY.
ID. ". Thomas, NJ. D., being sworn, de-
poses az follows..: | was called this morn
ing about ii o'clock TO see the deceased,
Nathan Smith, and found his neck broken,
al q, ~ e h.
left eide detached from the Jaw, both arms
broken above the elbow; the right arm at
the place of fracture was confused
and labrased, showing external force
the chest, abdomen, spine and lower limbs;
uninjured. The breaking of the neck
would cause immediate death, the other in
juries would not necessarily do so. The
tissues of the right arm were not pulpifed
or mashed, nor was there any evidence that
the wheel had passed over him. think
his right arm was broken by his fall on the
and his neck by the fall when
thrown sixteen feet down on the mill-slide
of the cow-catcher.
y. ". THoNAs
STATE OF KANSAS,
LEAvENwoRTH Co,
An inquisition holden at Leavenworth,
in Leavenworth county, and State afore-
said, on the 9th day OF December, 1873, be-
fore me John Z. Lynch, Coroner of said
county, on the body OF colored man nam
ed Nathan Smith, by the jurors whose
names are hereto subscribed. |,
The said jurors upon their oaths do say,
that the deceased, Nathan Smith come to his
death by being thrown from the track BY
The Chicago and Rock Island train, in &C [
'ordance with the evidence adduced BY the
witnesses in the case.
In testimony whereof the said jurors have
herewith set their hands the day and year
Aforesaid. i
DAVID PUTNEy,
J. ". Brown, =
HENRY HIscocK,
PERRY NANGLE, Il
JOHN J. MURPHY,
MARTIN DoNoHoE