New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-04

point OF the switch used my lantern III naa r n
examination. Two passenger trains had passeI o,ei IL
made thorough examination OF the SWITCH ,na ~
was new one There were no sPSSs az ankles were
the rail going nOthward from the swiich ho" n,Ses
every other tic was spiked accident they misht
| have been drawn out by the . spr.suir re
the rail Every time examined the h rams 5irecon OF
the section boss instructions not given to me In
writing
| THE TRAcKMAsTER ON THE STAND.
William H. Marshall, the trackmaster OF the roau'
was next sworn, and testified as follows:
In my Judgment the of the accident was very
plain. the cause in moment The swl.on WIS ~
Wednesday the day before tine Ssys been
placed in position before a train passed over me
track. can prove that Iord i9und a ,Hs 'p The
shoudefbts saw these supplies lying near The ere
switch after the cars went over nS the There had
been the train would not have been wrecked. U
down switches in the toolbox OF Foreman Kier; there
were thirty -four or thirty six OF them. Kier was one o
most experienced workmen, ana ulu nos "a'0" '
as closely as did younger men, 4, 1900, - =
State Senator Applegate, acting as the counsei vi
the railroad company, here submitted the following
questions, which he wanted the Coroner to ask Mt
Marshall:
What Of ties have been heretofore regarueu a' '
best for railroad ties on Drldgesf , m ,,,, ~,
When by frequent spiking, tie has become so fuli OF
holes on the line OF rail That IL VIII NOT wen hoiu I"
spike how then do you spike the rail on tha te t
DO you know whether Kier had any counter-s.unSS
State all you know about III 49,. - . rau
Are there other ways of securing tie plates ON ran
without counter-sunk spikes Explain. -, A.,
What ties the bridge have been takeu up since INC
accident ana what ones still remain ..,. n
State how long IL after the accident that you pc
gan TO take up the track, and why did you do H. ana III
How many spikes did you find there on the outside OF
the rail- and how many should there have been -.
material before it is neededi State why.
DO YOU know the Of the accident and how IL oc-
curredl Explain
nh afuoQ1 tn mel
n snrlv tone said To Mr.. Applegate " l am running
this inquest and shall not allow you to offer ques-
tons" ga 9,
Michael Mularney was tnen sWorh anu tes'inou
as follows:
have charge of the floating gang Of trnckmen. Isaw
the anticipates lying near the switch on ne day Oh
OF Foreman Kier after the accident occurred. mink
that respects qua d-rail Is security against
accidents.
At this point Senator Applegate offered TO produce
Robert f. Petit Superintendent OF tbs New-f0rk
Division of the Pennsylvania Railroad, as an ex-
pert. The Coroner was at first unwilling TO allow
Mr. Petit TO be sworn II he appeared, Dut
finally consented to call him after dinner.
Alexander Kier. recalled, SAID that he was still IN
the employ of the company When asked if he
wished TO cOrrObOrate his testimony In reference TO
his sending for the switch-splkes Senator Apple
gate said that the railroad company would admit
that fact. kier continued;
Iknew the switch plates at the end OF the bridge
and did not know that there were any oil tho spRes IL,
people came there on the DAY OF me accdsn'. re
hundred could nave nau hcceSS 70 luo
tool chest as 1t fastened with "a
cannon paddock, which almost any key would open.
O. (By Juror Niisonl-liave You ever Deen instruct
ed NOT TO put IN new switches unless you had all inc ma
terial on hand A-No. sir.
SHARP WORDS BETWEEN THE CORONER AND A
LAWYER.
After recess Mr.. PettIt was sworn and testified
that the track of the New-York and Long Branch
Railroad was only four feet eight and half inches
wide. while that of the Pennsylvania Railroad
half an inch WIDER He thought it would be best to
have the trains Of both roads of the same gauge
as they were run the same road, but he did not
think the difference in the gauge of the wheels the
two roads made any material difference. Senator
Applegate at this point asked the Coroner to put
two questions to Mr.. Petit. They were as follows
Isit necessary in constructing switches to place tie
Mould section foreman be warranted in putting down
switch, TO put it down without Tie plates
The Coroner refused to put the questions to the
II have my rights here. sir" said Senator Apple
gate and ! propose TO exercise them, produced
the witness to prove certain points and Insist
that the Coroner ask the questions"
"Who is running this inquest 7" snapped the
Coroner.
1.-The Central Railroad ofNew-Jersey," said Juror
Parker of Long Branch. After considerable bick =
ering the Coroner allowed the questions TO be put
the witness. The answers were respectively yes"
and no" -, -. :,
The following charge was lnade 10 INC jury ny
Coroner Cooper:
There have been five persons killed and many injured
in section of the county, where there Is 80 much
travel Thu is the second accident which has occurred
in similar manner We have presented conclusive EVIL
that the accident started iron the south end Of
that bridge. You crossed the bridge it-you
nr a. screen anybody or 10 make myself known as
coroner throughout the world came here TO conduct
this business to the best OF my ability.
- object" said Mr. Applegate. to such re-
marks"
Coroner with great warmth, or Will put you out
You dare not do it," said the Senator. &" have
my right here as well as you. Put me out at your
peril
The Coroner resumed:
have nothing against Mr.. Appegae personally, or as
a man. | came mere do this business In AN upright
manner. did not allow Mr. Apologize 10 ask questions
because he was the paa counsel Oh Ie UeTa n
midnight upon the night OF the accident ~ officers oI
the road
81 object sir TO tins kind of proceedings" said
Mr.. Apologize " this matter was not III evidence,
and does not belong TO the case"
Mr. Apologize viii please shut up; want no
interruptions Ill my charge to the jury"
SAID the Coroner when these men waited on me
mistrusted That there was deep trap LAID on their
part to catch me. | then determined that l would
not allow Mr.. Apologize any railroad counsel to
enter this case in any way. The Prosecutor of the
Pleas told NE that had right to exclude Mr. APP
plegate from this invest CATION"
said the lawyer.
al have done my duty, and 1 leave it to You,
gentlemen, 10 render verdict" said the Coroner
quietly, ign ing the remarks of Senator APPLICABLE
HAT THE JURY FOUND.
While the jury were out ths Coroner said that
when the officials called at his house the night
of the accident they wanted him to arrest Keer be-
cause his carelessness caused the accident and he
might flee from the State to avoid arrest
The jury were out over two hours, when they re-
turned with four verdicts. The first reads fol-
lows I'VE find that >. l.. Bradley came to his
death according tc the evidence from the accident,
which was causel by the spreading of the rails on
the bridge at Parkers Creek on June 20, 1892, aud
we find the New-York and Long Branch Railroad
Company guilty of gross and culpaDle negligence"
The other three verdicts were the same with the
exception of the names of {. NJ. Woodruff, e. Dem
Arrest and James L. Mallory respectively.