The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-12-23
THE COLLISION.
Engineer 0Sterman Placed
Under Arrest.
THE EXAMINATION YESTERDAY
Railroad Mems Evidence in Consider
ing Where to Attachsthe Blame
for the Fatality.


taken to the same room in the Cliff
House occupied by Conductor Seaboldt.
1t is understood that it will be the inten-
ton of the prosecution TO show that
Osterman was equally culpable with
Seaboldt.
The continuation OF the examination
of witnesses in the hearing of Burt Sea-
boldt, was begun at 10 o'clock yester-
day morning, by J. Hamill, the road
master, being placed upon the
stand. He, besides stating that he
was entrusted with the duty of keeping
the road in repair, said he was on the
caboose of train 81 when the collision
took place. His testimony was elected
to show that the conductor, in order to
know where opposite trains were,
should inquire of the train dispatcher,
and to govern himself accordingly. At
the scene of the accident, after it hap
pened, he saw SeabOldt, midway along
train 21, when he said. What's wrong,
Burt?" to which Seaboldt,w who was very
excited, answered that he had collided
with q and that there was considerable
Il r.
to get his instrument and telegraph the
accident to HEADQUARTERS. The witness
testified to the schedule time of 81, which
was an hour and fifty-five minutes from
Crear Greek to Thistle, and that if she
left at 935 and arrived at 1910 the run
would have been made in an hour and
five minutes.
FRANK w. BEALE train dispatcher,
identified the order produced as the
one which he gave to the work train
conductor and engineer, and explained
what was meant by ordering them to
work extra, as the order reads: when
there are overdue trains on the road,
the work trains are required to work
under red signals, properly put out,
until it arrives; a work train, while
moving, was supposed to be properly
protected; a schedule train never looked
out for a work train unless ordered
signals on irregular trains were sup
posed to be out all the time.
In response to the questions by Mr..
Rawlins. Mr.. Beale said the word
extra signified that the work train
was to work as an extra train on that
piece of road, avoiding regular trains,
and keep entirely out of their way.
The train dispatcher further testified
/ that he did not give the work train the
right to the road. as it was his (the con-
ductor 81 duty to protect himself by
! tagging; it was his business to do so.
! He knew what the rules were, but not
| the practice, which latter was diff
ferent on different roads; some
conductors took more risks than others
/ he did not know what had been done
by conductors on this road, as he had
been employed on it but two weeks.
{ tlnnnh ba l-raav- trrho Chn,1IA hn lnnn
under the rules. Conductors were
allowed some discretion in obevlng
rules. When Seab0ldt inquired if "21 y
east bound, had passed, he was
answered that he didn't know; but the
dispatcher said '2I'' is just about leav-
ing Z. V. Junction. Mr.. Beale said he
did not give "21" permission TO run
faster than the schedule time.
II. F. NICHOLS, operator at Thistle
followed and testified to Seaboldt's
coming to his office after the accident
| and handing him the annexed dispatch,
which he Immediately telegraphed to
Mr.. Bancroft, or a. L. Horner, assist
ant superintendent, whichever it would
catch:
THISTLE, December Is, 1884
w H. Bancroft, Salt Lake City: The facts
of the unfortunate occurrence yesterday are
as follows. M6W6IS at spanish FORK ABOUT
10 o'clock am, and few minutes before
leaving, being in the Office, l asked whether
| they knew anything of "21." The operator
sat down and tried to ask, but could get no
wire, when L said, Never mind, we will
have to flag up, anyhow and went out to
the engineer and told him we were ready to
go and would flag against No. "21." When
stopping on the curve where the accident
happened, sent flag ahead. No. up
came upon us while we were standing still.
/ cnnuinr ha r6 Of ha
b. SEABoLDT.
Questioned by the defense, he an
Swered that 81 left his station at 1910,
and that he kept no register there.
HENRY TUCKER, the Spanish Fork
operator, said Seaboldt inquired of him,
on the morning of the 18th, where q
was; he could not tell him definitely,
but that if he would wait he would find
out; could get no satisfaction, when
Seaboldt said it would make no differ
ence anyway, he'd flag up; this was
about 10 am; the wires were working
badly about passing Clear Greek moth
ing was said only that he had heard
the operator at Clear Creek say,
through the wire, that 81 had passed no
definite time was given; SeabOldt made
no inquiry of him about Is; working
train time was not kept, and, therefore
he could not say what time the work
train left his station, but itwas between
1920 and 1870 am. the last words Sea
boldt said on leaving his office were:
''I'll have to flag anyway" in minute
or two afterward he pulled out.
Mr.. WELSH was recalled. He stated
much OF his former testimony; that he
was on the caboOse, on the inside Of the
curve when he saw "21"-the front part
of her; it was storming lightly at the
time didn't hear 81" whistle; that the
work train was going six or eight miles
an hour; saw Seaboldt at the other end
of the caboOse; didn't know what the
conductor did at the time of the acct
dent; didn't see him get off the train
saw him after the wreck, talking to Mr.
Hamin. Witness was foreman of the
men on the train, there were eleven of
them. He said they left Spanish Fork
at about 10 o'clock.
The proceedings were briefly inter
rupted here by the announcement that
the witnesses in the Miner case would
be excused until sent for.
WELSH continued that he didn't see
the fagman on the train; he saw him
get on at Spanish Fork, but not after
wards.
ENGINEER OsTERwALD, OF the work
train, after saying he had been in the