The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1889-03-23
THE MUD RUN HORROR.
Cook and Hannighan Acquitted. An Anx-
Ious week for Engineer Major.

Engineer Henry Cook sat at a small
round table inside the prisoners rail in the
Court House on Thursday afternoon and
Friday while the great legal minds battled
in argumentive force TO the jury who were
to judge, according 10 the strength of the
evidence, whether OF not he was guilty of
negligence in causing the blood-curding
Mud Run Massacre on the night OF October
10, 1888. His face wore an anxious, half
nervous look from this time on until the
jury brought in verdict of not guilty, on
Saturday moning.
The case of James Hannigan was called
on Friday and after going through the pre-
liminaries the following jury was chosen:
Patrick Elliot, Lansford; Adam Kunkel,
Little Gap; r. II. Zimmeim man, Packerton;
J. w. Gerhart, Packer township; John
Brill, Weatherly; w. II. Gruber, Mlllport;
S. B. Hudson, Packer township; Peter
Bush, East Mauch Chunk; Daniel Null
hearn. Lansford, Joseph Riley, Nesquehon-
ing; John Spohn. Mauch Chunk, Dennis
Mckinley, Summit Hill.
Hannigan was defended by Attorney Nc
Lean, of wllkesbarre. The evidence was
co-smilar to that presented in the Cook
trial which appeared in our columns
last week. The case was given to the jury
who returned a verdict of not guilty on
Saturday.
Upon convening Monday morning the
Commonwealth asked for a continuance of
the case of Engineer Thomas Major until
the April term of court The defence in
sisted that the trial be commenced however,
and Judge Dreher sustained them. This
was a victory for the defence and the smile
of Gen. Mccartney frightened consider /
ably. At this point Court adjourned until
half past one when eighteen Jurors we're
called to the box for examination. Ques
tions were asked by Judge Harvey who
ordered four of them to stand aside. Gen.
Mccartney, counsel for Major, objected
asingning as his reason that he could not
consistently do so as he had examined them
and by allowing them to retain their seats
after he had waived his rights and under
the law could not stand them aside. The
court evidently did not view in Gen. Nc
Cartney's light for his objection was over
ruled
District Attorney Rapsher opened for the
prosecution in an address of about one half
hours duration, after which the following
were selected as jury:
Patrick Breslin, Lansford; Richard
James, BeaverMeadow; Ben Reese, Auden-
ried; Jas. Van Horn, Lausanne; Frank
Day, Little Gap; Levi Schoenberger, Parry
vile; Jonas Miller, Mahoning; Octa Parry,
Lansford; John Harkins, Audenried;
Samuel Seller, Lehighton; Owen Wehr,
East Penn; Harry Harris, Summit Hill.
A. II. Wer was the first witness called,
he was followed by W. j. Sheridan and
Supt. Mitchell, the latter was on the stand
when court adjourned Monday.
James Hannigan, 1agman on section I,
was the first witness called, on Tuesday and
related the story of that fatal night. When
his train stopped at Mud Run he took his
lantern and proceeded to the station and
thence to the culvert, where he gave the
SlShol W thN "PplOoShibS bioihf A"pO 'SS'
South The engineer gave a recognition
whistle and he started Northward on the
track, and after he had reached the station
he noticed that the train was advancing at
high rate of speed When he tagged the
train the second time he had red and
white lantern in his hand. He did not place
torpedoes on the track, although he had
them in his possession He did not think
1t necessary, as the advancing engineer
could see the station for hundreds of yards
South.
General Mccartney put Hannigan
through severe cross examination but be-
yond eliciting what hac been customary
under the circumstances he did not succeed,
however, as Hanningan told convicting
story.
Engineer Henry Cook was called and
swore that when nearing the station Majors
engine was using steam. Major had charge |
of the train, he should have had. He swoTe
deliberately that Major could have stopped |
the train by the application of the airbrakes
had they been working. Saw Major come
up the track after he had left his engine,
and he afterwards mounted the engines and |
put on brakes. Whether or not he meant
to do so he could not say.
Cook swors that it was not his business
to stop at the station, but that Major should
have done so. If both engines had shut off
steam and the brakes had been applied the |
train could have been stopped He Cook |
blew down brakes when he saw the red
lantern. 1t was Major who blew for switch
es and targets. Before approaching the
Run by being signaled by order board. The
orders meant that the should stop at Mud
Run, at least so he construed them.
Engineer Kemmerer swore that a train
going at the rate of fifteen miles an hour
approaching Mud Run could be stopped by
the application of the air brakes forty feet
in advance of IT,
james Murphy, of Chicago, fireman on
Majors train, and Lookout Mulhearn.
testified that the airbrakes were not in good
working order, as they failed to operate
several times on the day of the wreck. He
was on the stand when court adjourned.
Thomas Major, the defendant, was the
first witness called on Wednesday. He
said he ran the second section of train No.
6 on October 10, when the disaster oc-
cured. He swore that on the morning of
the excursion his air-brakes would not
operate successfully and that he reported
| their condition 10 the officials. He made
several attempts to shove the brakes effect
lively on his outward trips, but they failed.
Coming down the heavy grade he was COM
PEELED 20 use hand braBes. He detailed in
full his outward trip and all incidents there
with He did shat off steam when nearing
Mud Run. He blew long whistle for the
station signal before approaching it. His
lookout next shouted; "All right, white