The Morning herald., 1878-12-06

charged. Harley u. Brown Old Cnls. Ihe
Indictment Is drawn upon section 20, page
IT'S of our statute, which provides '' That
If any person shall wilfully and maliciou sly
place any log, stone, bsr, or obstruction on
the Il road-bed or track of any railroad in the
and If any person shall be killed by reason
OF such obstruction, the person so offending
shall be deemed guilty of murder in the
first degree, and of felony, and shall suffer
DEATH" ...r.
This is serious charge, and one which
we all approach with trepidation and fear.
Let us enter into the ease with all ear
nestnessi and seriousness. ...,.
We will show you that on the 29th day Of
June, Harley Brown wrs in Wilmington {;
he left there and went to Chester; bere he
stayed for short time, and then started
back to Wilmington on the road. Coming
down here he was overtaken and picked up
by man In a carriage, who brought him
down to Claymont and set him down, and
drove off through the country. Brown
started down the railroad track, and just
below the ststion,-a half mile perhaps-he
came to . culvert, and here also he came to
a lot of old cross-ties that had been used
and cast aside, and taking one of these.
whether through previous intention or on
the spur of the moment does not matter
he placed 1t on the track over which the
south-bound train would soon pass. The
train came along; 1t was thrown off and one
George Babe was killed. Others were
killed, but his name Is the only enc men
toned In the Indictment. We can prove all
the above facts.
The witnesses for the State we're then
called. Owen s. Ross appeared and pro-
duced drawing of the section of the road
on which the accident occurred.
Samuel Phillips sworn:-During June
last was in the employ of the p, W & B.
Railroad Company, and was the conductor
OF Train No. 81; on the night of the 29Lh of
June last We left West Philadelphia ten
minutes behind time, and passed Clay
mont Station somewhere between lOI
and 1880 O'Clock George Babe was
the engineer; it Is fast train, whose usual
speed Is 40 miles an hour, out because we
were late we were going at about 30 miles
an hour; just after we passed Claymont,
while I was in the "smoker," felt slight
jar: quickly turned to gentleman sitting |
behind me and said: "We are all gomez
then q second jar came and the train
stopped with crash; | at once went out
and sent men both north and south with
danger signals to stop trains coming either |
way; the express and postal cars, as they |
Law, obstructed both the north and south |
bound tracks; went back to the rear end |
Of the train, and by this time the freight |
was stopped back by Claymont; went up
the track a short distance, met the freight |
rain conductor, and coming back to the |
scene of the wreck, met the man Brown;
he came up to me and put his hand on my |
shoulder to attract nv attention and asked /
ne if it was bad wreck; told him 1t was |
but thought the passengers were all safe,
while the engineer and fireman were stlll
Missing; 81 did all could to stop It," said
le: asked him what he had done to stop
The train and where he had done so; he
that there was q cross-tfe on the
rack, and that he had tried to get it of,
)ut could not pull 1t out; remarked that |
man ought to be almost able to get sDy-l
hing off railroad track under such cir
asked him If he was going
20 stay about here, as the railroad company
would like to have him as q witness; he
he could be found any time In
he told me that his name was
Brown, and then raised my lantern and
him; lost sight OF him in
hort time; then met Mr.. Edwin M. Law
ION, the station agent at Claymont; I told
lim what Brown had said, and he told me
hat he would like to talk with Brown,
and take him to the station; told Mr..
Lawson to follow me and the man stopped
10 talk with would be Brown; after bit
We found him, and Mr.. Lawson talked to
,im and afterward took him to the station.
The rear end of the train was about 500
eet south of the obstruction, and met
Brown 15 yards below, where the tie was
,ut in; did not see Brown sitter he left
With Mr.. Lawson; / saw George Babe lying
lead near the baggage car door just after
le was gotten out; left the scene Of dis
ster about daylight or little after; l saw
cross-tie lying inside the track. one end of
which was much smashed as though by |
he fang of a car wheel; 1t would have |
Q en- very likely to have thrown of . train |