, 1888-10-24
PLACING THE BLAME.
The Mccain Coroner's Jury Re-
turns a Verdict.
3. Marberger Charged with
Gross Carelessness.
He Testifes that He Failed to OBJ
serve the Rules.

1t was 3 o'clock yesterday afternoon
before the coroner's Jury reached a yer
dict in the Mccain case. The matter
was carefully investigated by the body and
the man upon whom the majority had
cast the blame from the first given a hear
ing. Than Marberger no one deplores
the accident more. His sorrow and the
possibility of Arrangement before the
courts did not deter HIM from making an
unequlvocal statement before the Jury.
He accepts the censure without question:
ing its Justice.
Yesterday Saml J. Powell, foreman of
the bridge and building department Of the
Wyoming division of the Union Pacific,
was questioned at length on the subject
of rules. Among other things on the
subject he said. 1T is required by the
rules of the Union Pacific railroad for the
foreman to protect himself and hands by
a tiagman, where there is any danger"
MIR. Powell said in his absence Mr.. Mar
berger acted as foreman of the construc-
ton outfit. The latter has been in the
employ of the road four years. and had
always been efficient in the discharge of
his duties. Deceased had been with Mr..
Powell about six months, and was once a
foreman on the Union Pacific.
j. B. Marberger, who was in charge of
the gang at the time of the accident, tes-
titled with remarkable directness and can
dor. Il had no means of knowing the
train Was coming" he said, "as> they
make no smoke in coming down hin, nor
did | hear any whistle. l consider it
risky going into a cut, especially where
there is a curve, without sending a flag
man ahead. I neglected sending a flag
man ahead. | considered myself in
charge Of this gang, and considered it my
duty to send a fagman ahead for the pro-
lection Of myself and the hands" Being
recalled, Marberger continued in Mr..
Powelrs absence, when l am acting as
his foreman, | consider it my duty to look
out for the safety of the men under me, so
far as in my power, and at the same time
| consider it the duty of each man to look
out for his own safety. In running a
hand car, on the approach of a train the
men are expected to get the hand car off
the track if it can be done without risking
their lives"
Louis Duege's evidence was in the main
corroborative of the testimony of other
witnesses. He was one of McCann's
companions and narrowly escaped injury
himself. He has been with the gang
eighteen months and recognized Powell as
foreman and Marbergerl boss in the for
mer's absence.
The text of the verdict as signed by
Messrs. Emery, Welchans, Schilling,
Richardson, Spoor, Ringolsky and Cor
oner Chafin follows:
I'VE, the jury in the foregoing case
find from the evidence that the deceased,
John Mccain, came to his death from
injuries received in a railway collision be-
tween the second section of freight train
No. 20 and a hand car in the service of
the Sam Powell bridge gang" on the
morning of the 22nd day of October,
1888. We further find that the said col
ision and accident was attributable to
gross carelessness and negligence on the
part of j.. B. Marberger to strictly OBJ.
serve the rules as laid down in the Union
Pacific instructions and rules relating to
tagging under all such circumstances"
Marberger cannot be prosecuted under
territorial laws, but McCann's widow
seems to have a pretty fair damage case
against the company.