Omaha daily bee., 1889-05-31
A COLLISION AT LINCOLN.
A Burlington Fast Freight and
Switch Engine Collide.
FIREMAN p. M. CROSS KILLED.
While Imprisoned in the Wreck Hot
Steam Fills His Lungs-A Ply
sician's skeleton - The
Herold Case.
LINCOLN BUREAU OF the OMAHA Bss, !
1929 p STREEr, y

LINCOLN BUREAU OF the OMAHA BEE,
1929 STREET,
LINCOLN, May 3D.
just before ~ o'clock last night, q fast
freight train on the Burlington railway col
lided with switch engine in the company's
lower yards. The engines came together with
terrific force, throwing number of the cars
of the incoming tram off the track, and tho
fireman, p. M. Cross, was almost instantly
killed. Engineer Shelley jumped at the
first signal of danger, or, doubtless, he,
too, would have met with a like ter
rible DEATH The accident occurred on
street, exactly on the Union Pacific
crossing. Train No. 26, running be-
tween Chicago and Denver, is a fast freight
u came in last night in charge of Conductor
d. ID; Parkcs, and rolled into the yards at a
speed of eight to ten miles per hour. The
+ engineer and fireman, however, were
strangers In the yards. This was their first
night on the Lincoln Hastings run. Trains
were supposed to stop at the crossing, but
| this one did not, because the engineer was
| not aware of its location and evidently mis-
understood the Specification Of the lights,
other wise there would be a chance for GRIM
inal carlessness to attach. Switch engine,
No. ZIG, was moving toward the incoming
| train, and the engineer admits that he knew
| that 1t was coming, but said he thought there
| was plenty of time to get out of its way, and
there would have been had it not made its
| usual stop at the crossing. This, however, was
| not doue owing, 1t is urged to the fact that
the new men were unacquainted with their
bearings. When first seen by them the
| switch engine was some distance away. The
| rapid drive, however, brought the two en-
gines upon each other, and Engineer Shelley
| says he told his fireman to jump, as soon as
| he saw collision was inevitable,
whlstled for brakes, reversed his en-
gine, held the throttle for moment and
then swung himself between the cab and
tender, and jumped, escaping with sprained
ankle. The fireman delayed too long and
the engines came together with crash that
was heard all over the yards The tender of
| NO. ZIG was mashed in, but otherwise the
| engine was injured very little. The front of
No. 81 was badly demolished, and the tender
| was driven into the front of the car in the
rear. Poor Cross was imprisoned by the Gu
| glne and tender coming together. His left
| leg was crushed from the thigh down.
| His right leg and an arm were also
| crushed and broken, and while held in the
| vice-lke grip of the cars the hot steam
| poured into his face, filing his lungs. Cross
| lived, however, until released from his posi-
| tion, when death came and ended ali.
Cross had been with the company little
| over year. He leaves a wife and three
childred. He was about thirty-five years of
| age, and lived at kearney. HIS remains are
| in the hands of Undertaken Roberts, and at
| the close of the inquest will be taken TO
| Kearney for burial. Coroner Shoemaker
| impaneled the jury this morning which met
| aud viewed the body and adjourned until to-
| morrow evening at o'clock to get the wit
nesses together and properly arrange for
taking testimony.
The Notorious Herold Failure.
The failure of Christian G. Herold a
clothing merchant of this city, in the winter
| of 1SS4-5, and the complications growing out
| of his failure, are no doubt fresh in the
mi 10 Of u,ap Of n,Ir rraa1 iptor or
| has been added to that matter by recent
| decision of Judge Chapman, in case tried
| before him some months since, and which
was decided at the last term of court.
1t will be remembered that shortly after
| Herold's failure rumors became rife of a
gigantic conspiracy on the part of Herold
and others to defraud his creditors.
| These rumors implicated DR.. o. II. Dogge,
| q well known German physician of this city,
| and it was charged that he had instigated
| and assisted in the fraud and had received
| large sums of money from Herold to save
| from his creditors. The fact that Herold
had confessed Judgment in the county court
| in Dogge's favor to the amount Of $1,000, and
| that Dogge had received his money on the
| same and had shortly after gone to Europe,
seemed to substantia.e the rumors. In the
| fail of 1885 complaint was made against
| Herold, and he was put under bonds to the
| district court to answer the charge of de-
| fraudng his creditors.
DIR. Dogge received information of the
| charges made against HIM in connection with
Heroid, and returned to this city in the fall
| and was also arrested and bound over to
| answer the charge of accessory. The
case of Herold was tried first and
| it was shown that he had received
| and secreted large amount of goods. He
was found guilty and sentenced to
| term in the penitentiary. Dr. Dogge was
tried at the same term of court for compile
| ity in Herold's offense, and after pro-
t.,an tod frtn nnf ltky .nuf
Immediately after the acquittal the DOCTORS
| wife purchased property on the corner of
| Tenth and streets, and the doctor opened
hospital there Not satisfied with the
decision of the jury, a large number of
creditors of Hcrold began proceedings by a
| creditors bill against Herold anu Dogge
and wife. to subject this property to their
claims. The case was hotly contested, and
occupied much time in Its trial. witnesses
beng brought here from Wisconsin by Dr.
Dogge. After all the testimony was in on
both sides, the plaintiff obtained lease to
reopen the case and take dispositions OF wit
nesses in Wisconsin. Volumnous deposit
tions were taken and the case was finally
| submitted to Judge Chapman, who, IN De-
cember, 1887, decldcd In favor of the pl ain
| tiffs. An appeal was at once taken by the
defendants to the supreme court where
the case was argued last fall and where 1t is
! still pending. During tue tendency of this
suit q suit was begun by Messrs. billings &
| Woodward against Q. G. Herold and his wife
10 secure tuc lOTeClOSuTo VI u uOTuPdHe upon
| Herold's. homestead. This mortgage was
given TO Christian Shaefer, and by him as
signed to DIR. Dogge, about the time of Her
old's failure, and by Dogge assigned to Bill
ings g. Woodward. Shortly after this suit
was Degun the plaintiffs were surprised to
have the note and mortgage turn up in the
hands of the First National bank of Platts
mouth, who claimed to have purchased 1T of
| Herold. The Herolds answered by admit
ting the execution of the note and the mort
| gage, averring that IL was part and parcel OF
| the fraud attempted to be sperpetrated upon
the creditors of Herold, and that
all The money used in the trans
| action was G.. G.. Herolus. This same
note and mortgage figured extensively
| in the original case against DR.. Dogge and in
| the suit OF the creditors, and the Herold's all
testified that 1t was fraudulent. The case
| Of Billings s. Woodward was consolidated
| with |. Neil & Co. VS. Herold, and the de-
| ci sion by Judge Chapman determined both
cases. The judge made elaborate findings OF
fact, of which the following is u brief synop-
| sis:
First. That the claim Of William Herold
on mortgage was tirst lien on the
premises.