New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-25


ONLY TWO on TRAIN OF ihi'iHAN '
RULES OF THE COMPANY.
The trial of George Melius. the brakeman on tue
Chicago EXPRESS which was run III
in January last by the Tarrytown special n .ha
Spuyen Duyvil, was concIudea Ess'ero as charged
with manslaughter in the fourth degree. tine coI.I
sion resulting from it being attributed 20 ms n Ii
lect of duty In not going back suinclent UP
tance when his train stopped to flag any approach
ing train. The jury brought IN Veruic1 vi INV
guilty. A. nort
of the prisoner MIR. LIVINGSTON was himself on i1o
Chicago Train when the collision took place mp
said that bV the rules ~! the company the conaa;
and engineer were responsible Tor the safety OF tnI
train When the train stopped, Melius went Io' n
car TO car inspecting the condition OF the WheeS an
br kes. 1t was his duty TO do TINS lew I na sow
after he returned To his post at the rear car lie saw
the Tarrvtown tram approaching. Mr. LiVlngs..oI
asked the jury TO remember that the tram caiIiuu
only two brakemen, although itwasmade upof thir-
teen cara Meius had been faithful servant OF tne
railway company for twenty-five years. -
Menus was called az the frat witness in us Own
behalf He SAID he bad acted "a brakeman on me
Chicago express for about two years ana 2 nill
When the collision occurred there were only TWO
brakemen on the train There were three on ,nr
off, ON the day of tho accident he noticed that
there was some trouble with tho brakes before the
tram reached sPnyten Dnyyl.c IN Inc PT enfoT5
month of March he was told by COnduct0l HauloIu
that there were only two brakemen on the tram,
and that. therefore, when the train STOPPED. ne
SnOul
iii. tram lie was on the platform OF the rear car
when the train stopped AZ Spuyten Dnvyll. ne gov
of and examined the wheels and brakes; when ne
had finished hs examination lie went back TO me
reur car He stood there about minute waiting
for the conductor to report 10 IN and to cceiYe hs
orders AS The conductor did not appear he deter deter
mined to act OH his own responsibility He waike'
hack about 1875 or 140 feet. The walking
was very bad lie stopped at point where ne
had q clear view OF the cut. lie saw lh
fl ipman in the cut and gave him sgnal
with his red lantern. He stood there minnie or
two when he heard a train roning. He could nor
see his own train He stO d on the down track and
gave the sig al to the tTaCk.nan IN the cut Nhrn
fne TarrvtOwn special came by he bad to step on
tbe nptrack The rear car Of the Iarrytown I am
was more tnan $50 ieet from him when the COLLISION
took place. The witness SAID there were many
dutles heaped upon brakeman. He ha1 TO keep
the cars supplied with water and fuel, to look aitrr
The res and lamps to attend TO the brakes, 10 see
to The hos, which connected the cars and ut liues
IN act as swtchmaI. There were no safety tools on
the train on the day of the accident and therefore
If was not possible TO do much for the rescue or he
passeugeIs Axes had to BE- brought from the houses
IN the nclghb rhood. In March, before the acci-
dent Conductor Hanlori ordered hlm not TO leave
the rear o. the train wren II stopped: On the cross,
examination Mtlus said that he could not read, ann
i'm consequence be hal never rad the rules OF ne
co gpaLy HIS wife had several times read the rules
10 him As he understood the rules, the brakeman
must not leave tie rear of the last car without or
ders from The conductor. He de7ied having had
any conversation whatever with Mr.. Valentine lust
before the accident. lie Gad me had plenty of time
after his tram stopped 20 20 back to the cut an
place torpedo on The tra"k or warn an approach
ing train WI his red lantern. II" would have ma
pIenty Of time ii ne had gone Immediately, but he
mad other duties 10 perform.
The mex witness WIS Robert A. Livingston.
When the Chicago train had been standing about
seven mlnuIes, lie SAID, he got out lie met MI.
Valentine after the collision. Mr.. Valentine was
greatly excited aid cried ont that his son ana
da ghter were burning NJ in the tram.
Conductor Ian ord wasncNt called and qucsiloned
IN regard To the conversation With Mc,iuS Of winch
the Liter had spoken. lie denied that any such
al a Ite a.
nus orders 10 ~ back when the tram stopped.
This closed the testimony for the prisoner ana
Howard i. Marston began his summing up IN MS
defence. Acllus he SAID, had done MS outy az the
tine of the acclden exactly rs he htd been IN ths
habit Of doing 1t iOr yea -spast. The dut imposed
on Alelius too great for him 10 perform. Mr..
Mar5IOn asked why Mr.. Yaaderb IL, as tine rrsp0n-
SiDle uead of the railway company, was not IN
dcted for the dlsIs er ana seemed t. find IN
in the fact that Mr.. Vanderbilt was too rich
10 be indicted. Meius had no money an had
therefore bren indicted. Assistant DlStrlct-AttOr-
uey VByrne in listed To the jury that Mcus had
neglected 10 do his duty aud Ivy hls neglect had
caused the death Of several persons. Chief Judge
DAVIS then charged the jury. ne s1id the thai was
on, of great lmJortancc Ii was psrhlps the irst
case whore servant Tor railway company had
been tTied tue charge OF having caUSe the
death o. persons by HIS gil sct &C. The pub &c
at,e,Y required that servants 81 ralways shOult be
held to III s.rc,est performance OF IN duties.
In this case certain material aud Important TACT
were not disputed The chicago tam was made
up OF thirteen cars. mostly pirior Cars, ana carried
OuIy two blak- ncH. ii vas llttie hchud Tine
beiOw the cat near SpHtcn Duvyil Il came to
stop. The cause of he s o Up t-r vas not here ma
teria.. Probably he rain Tas stopped 10y tie act
of some Unauthorized person, who, IL known,
would be res ,onsiule tr the loss o.
lhs which followed. llOweyei, the tram
did stop very dangerous uce HE cause at
the stuppJge such mat the train cull.. not &c
readily started e ia. When iha train stopped CrT-
tam duties deVOIvcd upon the cOGduC or and bTaie
men, especially the rear brGk man. Even ii the
written ruIes did not allow the rear brakeman to
take any Steps To warn an approaching ram, stl
II was culplDle negligence On his part not 20 do
what necessary 10 save tbs lives al the pas
seDgers. 1t WAS the bTaHcnaH's duty 10 seize hiS
lanterns and run back at once. Common seusc
would have told MIN To 60 back TO point where
could check the approaching train. Even If the
conductor mad told MelIas on lOnner OCCASION not
| to leave lIs train without orders, still tbl would
| not excuse him from dong everything wnicu was
| necessary 10 avert a COLLISION
The jury were out about thrt y-ive minutes and
brought III VeTd ct in favor OF 3lehus, who seemed
10 De- very mu,n e,Ieved by 1t. According to the
| printed rules OF tLe comp ny " the reai brakeman
must "a DaCk ms antiy, without Demg sent," nueu-
eye' "a tram Is stopped on the road, ana cOduuc-
tors will De held stnctly responsible the pTOmp
enforcement of The rul;." by another rule the
respO blity OF getting trains over safely
rest. entirely VITA the conductors aud engineers
Auothcr saws that trains having occasion to-
| slOp on the road from ahy cause must stOp where
the view 10 long and clear"