New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-26


Cr,prp GUILTY OF CRIMINAL MILL D,,-vil
~, -. into the causc of the SpIy Ie, Ina ,ialed
diiaeter On the Hudson River ~, M There was the
Loforo Coroner Merkle yeSterut +ors pre>enf. with
usual number of Interested lo,nopv and n repre-
~ attor,lov of he railroad coHlp,NC Edward
sentative of the DiS'rct-At ,oInCt No u parlrow.
chill who kecaS liqror Sii't ~ ,osspua,r in the
I'm frst witness He was a p'tfrI tha+ he
was me nISt EAR Empire. he teSuLS" ma cory
,avcr saw q more quIrt TToo,-blcrnsic he went
While the tram T r,t saw nothing in he shape OF
ihrouNL t uii NO bosterouS conduct ana sd" N' '"0
.1Ii,r the influence OF H4u'l .r who was a
Henry = on the Idewild testified IN part as
IoioTs: ,....,.-.,-, ~, III. Lille
saw The brakeman cou'e around 10 ' me- Lo nor
WIZ; ,e rid and the other white. tt r''ot nv
NOR, than ten feet fr'9 l,g ram, few T.t further oil
16'rt a car. lcn,th from the platform th'H SIT"
headlight coming ruun- the curve
In answer 10 2 Question by the Coroner 'oEuUe Oi
U9pfprd stated that there We're sXty-seNtH 81 'T4
srtv-s ven free passes on the tram that hlSH' ~
Thought the number was seventy -,CN tH ~" -
turtauce was mostly IN the smoking cars "lo'c
therf were NUM- Der, OF persons with passes
The Coroner then called George MeNus, we
braL,mau II. :. Narston his attorney. c"Io{.leu
the direct examination NcluS te>lH'd US l"'''"s'
an, trainnan on the Ncv-YoTk Central and Hudson
RIVER Railroad and 1--we 40 F'uShkcclae. wa, we
rear ranmau on the Chicago express on tue n-h' OF ie
,c,ienr When the train stopped took my two nights
and gof of the front end of the rear car ust exam
ITft of the rear brakeman. | saw Conductor Hantord
GET n and walk the forward end OF lEe train c d
come back or snd ne odeA OF peak 10 .Ac' +n
10 the rear o. the car ana waited LOT 1laJrs 10 70
back waited about Two minutes 8aI a9' no 49,
then took the responsibility on myself and wen oaoh
about l35 or 40 feet and there STOPPED was men
sight of the open cut, ana So" lh' i''-l'i a. ot
cut and MIN the signal VIII, my req amp ''D oI
know whether he saw me. but he started 10 lh, oI,I
e1l ,f Inc cut and supposed he went To give the s-h
soon heard the rumblhS of the train ana le ... 81"
Tay me- train com" through the cut and -lguauad u
...r..r -. g,..p ~ It.t--t I
IN I'm , me- aircr Il passed me / could tell hat
We YEN ~, That new out OF the stack suddenly.
r1rId moi fell whether the air brakes We're oh NAH u
to-' , ,,. Int do rot think they When it
srnrs Tine chicago express the rear car mad passed me
and wa, ..au about Two carlensths After thc COLI
sDI s+..tad back. qua was told by Conductor
uptr,ck ] found t,dt they had been STOPPED 10y 'uS
f5rTsTf hrIkcmau. Then came back 10 Tic vrecH ma
Went In the forward end OF tine Empire, where "a"
Conductor Hau.Old. hut no one else Was eI.' ,lC
assisted two women out of the Idewld Han an h@ui
later the drawneroom conductor asked me Q" ma AlI
HaufOrd. which did chen went with IN, Iti1IiAa'I
Of the train 10 Ne~-l YORK stayed tAeI uut ~ ~ H.,
when returned To- he wreck and seeing was near!
an burned. went on 10 Poug4Reepsle Was tolI lll
would not be needed until Monday DGJ Go' i G.g
and was arrested. have been with Conductor Hauioru
two year. and NAN ana Ia he empql o. ne lu, nv,
the tram stops places other tlau stations 10 WaIA
man back.
Coroner Nerkle interrupted the witness, stating
hat Dee need not testify as 10 that a the jury M3u
Tho urlu-cl rules and knew what they Were ihe
wltncsSs sci said that he wanted fo show what
the Gus ON was and the rules as understood by the
lrakcmeu. The Coroner said somewhat TESTIFY,
that il didn't matter what The custom was OF Is
that t G witness ought 10 have obeyed the lnsTuc-
lions a. printed. A luryman suggested that IT vas
well enough to get all the hight on the subject posi-
bic, when the witness continued;
since have been with Conductor Hanford az rear
trainmau have stopped between stations fortyhVe
or nifty Out OF that uumh.r OF times haFe not
been sent back by Conductor HautOrd more than otr or
I'VE times never wen. back OF my own WI. al
ways waited until sent except that Friday night when
brukeIueu ca go back without instructions
The witnesses counsel then SAID that Meirs would
answer any question except the one a. 10 whether
ne could read and write. Coroner Merhie sand hat
the witnesses had testified contrary TO what ne was
saying now. Attorney harsJon objected 10 ne or
Uner making any sucn Imputauons as uncaled for
on his part and incorrect The witness continued:
When was arrested and taken TO the police station
gave some testimony his Honor, but he said nothing
10 me as whether Aada right % give such testimony
OF not was good deal excited and said tleu that
was To 20 back Il sent mad torpedoes attached to my
omp the night of the accident When slSuIAed an
other person did not always expect an answer II the
fagmau turns around aud goes back without any an
swer raat is satisfactory TO me. | have been rear
brakeman sixteen wears, am ald 600 "a muhIn., Inc
ordinary pay Is $40 10 500 d month l
was pad extra pay Tor ezra Sd .-o G1tes r,ol ~
were thirteen and two engines the Chicago ex
press thar night There are only Two Drahfen On Tns
train Formerly tAeIe Wtr JAItt 1I-et4gn, va, U.g WIG
taken of last March II the air brakes were 10 a ana
men To- TO- do the yorS nave served with other con
ductors, but went back unless sent when tram
S chiSeis ana other tools on All trains. icy
were kept il and had charge Of them
on our train The practice was dlScOntnutd ABOUT TWO
years ago by Mr.. TOuceys order was told
Deputy Coroner Waterman testified that he ex-
amined the bodies take. out of the tram, aud al
apparently died of aSphyXIa excepting Oliver Is.
Kelley. who died from the shock and burns and
Senator Wagner. who was crushed.
Coroner M-rkle then read his charge TO the jury,
which he said was an exceptionally Intelligent one,
composed OF eminent engineers ana others tully
flr IN the
ture on the subject Of the Inquest lie continued:
The primary Of the accident TO the express
tram pulling OF the air brake rope by some per-
con, either IlVOiousy or aecidehtly' W1o nag, INO
lous idea OF the danger III which he placed his fellow
beings. Ihe safety 81 me tram ana it- uihscuEers de
wolves on the IalIiuau COMPANY through ne employees
Did the company take adequate precautions 10 secure
the OF ITS passengers We're the rules for the
guidance OF the employees sufficiently c.eari We're the
employees faithful ia the discharge o. their duties ana,
lions, could This calamity have been prevented The
vicinity where II occurred Is considered, according TO
dangerous point Of the road Tie rules and
regulations. as printed and explained 10 you, are
eInploye Rule SO makes 10 a duty Of the brakeman
20 signal trains approaching from the 1 the
liberty YOUR attention testimony Mr. Val
eutue aud other witnesses that the brakeman stood
Still and leaned on Tie rear OF the ldlewld with MS Ian
10 hand and moved toward the incoming tram
when tue noise Il created distinctly heard and then
that testlmony only about fifty feet Hauford testi-
ned that wnen he ahgnted from the tram he saw
Mc.us running BACK. Inc same rule makes 10
specially imperative on the conductor 20 see
bIdhcIlau performs duty Il Is
your province 10 say u Hduiord instead oi satisfying
himself that Meliu-, the bIlAcLau lad done uis duty
IL protecting tine Of the tra violating his
duty 10y oml,ing 10 gave Inn uItcuoIsi bul' On Ihe
contrary, his testimony Shows lac ondeayOred To pro
front, where no danger could possibly
De anticipated is for you To say II HanIord L. Jt just
guilty of gross negligence as hcilUs There cannot be
doubt that the train stopped there ten minutes
and II the brakeman and conductor done
tuelr duty the accident would not have occurred.
The jury was out about hour and when II re- !
turned General ebert l.. Viele read the verdict ia
clear, firm voice. The findings were as follows:
First-Ihat George Melius. the brakeman OF the
Chicago express train, guilty OF Wlu and culpabe
N ID NH frairl