Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-08-18
THE LANDSLIDE. =


Contractors to Blame.
An inquest was held yesterday morning on
the remains of Josep Deitz, whose death by
suffocation caused by the caving in of an
embankment on Martin street near Western
avenue, took place on Saturday afternoon
while at play with several other children.
The inquest began at $3.50 o'clock before the
following named jurors, Messrs. Teeple and
Ballard being substituted for two Jurors
summoned the night before who failed to
put in an appearance until after the COM
mencement of the inquest: A. V. Teeple,
foreman, A. L. Mitchell, w. T. Rich,
Gustav Leue, j. II. Ballard and Charles
Siegenthaler.
MRS. HENRIETTA FRE1LING
was first called and testified to having been
called Immediately after the accident. Wit
ness saw the child when taken out, and con-
sidered that it was covered by at least three
buckets of sand. It's entire body was
covered, and it reclined on it's side with feet
towards the embankment. The child was
dead when taken out. The workmen quit
work on the street about one week ago.
Witness had not observed any sign, indicat-
ing that tho place was dangerous. The
gravel had been taken from the embank-
the excavation. Mrs. Fitzgibbons was then
sworn and testified to living op-
posite the embankment where
the accident had taken place.
Had seen the children. playing, and thought
they were all beneath the embankment.
Witness had gone TO work Immediately after
the accident, and had rescued thee of the
children, all of whom were covered by sand
and gravel. The excavation had been caused
BY removing gravel to fill up the street
Witness had not seen sign indicating that
the place was dangerous, and couldn't say
who made the excavation.
| Leonard Martz was sworn, and testified to
| having been called by young girl. When
witness arrived three of the children had
| been taken out. Witness had removed the
gravel and taken out the dirt. Deceased was
covered by two or three feet of dirt.
| he recllned on his left side, and his mouth
and face were filed with dirt, with his feet
towards the embankment. The top of the
embankment had overhung about two feet.
Witness had seen no warning to the effect
that the place was dangerous, but had always
considered it as such.
JOSEPHINE MARTEY
was called, and testified to having been pres.
ent when the children were taken out. John
Hoffman, the next witness, testified to
having been at work in the vicinity of the
excavation at the time of the accident,
Witness had heard noise, followed by faint
cries, and on looking around had
discovered what had taken place
Witness related the circumstances con,
nected with the rescue of the children, and
thought that in digging deceased out more
dirt was thrown upon him than the original
quantity. Messrs. Carr & Clonin had the
work in charge, and the men quit work
about one week ago. No sign was up indi.
eating that the place was dangerous.
Fred Dietz. eight years old, who was stand.
ing in the street when the embankment
caved in, accompanied the jury to the loca,
ton and described their positions at the time
of the accident, demonstrating that thew
were digging at the embankment when Il
caved in.
| MISS MARY HOFFMAN
was called and described the situation when
the children were taken out. The jury Their
retired, and during their deliberations Mrs
Freiling wasr ecalled, stating that the Gazing
|
and that MIR. Hoffman had remarked the
day previous that he intended pulling il
down.
After short consultation the iury re-.
turned the following verdict:
| Upon viewing the body and hearing the in
QUESTION into the death of Joseph Deitz. we
the Jury, find that such death was caused by
being smothered or crushed by the fall of an
embankment of earth upon the deceased and
three other children while at play under said
embankment on the 10th day of August
1879, between the hours Of 8 and 4 O'Clock
in the afternoon of said day, and we also find
that said embankment of earth is located on
Martin street near Western Avenue.
and that the excavation was
made by contractors engaged in grading
Western Avenue, and that said embankment
was left by contractors several days prior t.
the said death in dangerous condition, with
out fence, guard or sign of warming placed
about or near it, and also that the acts and
doings of said children before the accident
did not materially contribute to the cause of
said death.
The position taken by Coroner Stein dur
ing the examination was properly disinter-
ested, aside from his implied duties in the
premises, and the inquest was conducted in
a thoroughly impartial manner. AS indi-
Gated by the verdict, the parties in charge of
the work are censured for leaving the exca-
Walton in a dangerous condition, and in re
ply to question Mr.. Deitz stated that he
had not fully decided on what course to pur-
sue in the premises. The remains of the
lad will be taken to Saltwater for interment
to- day.
ALMOST an ACCIDENT.