Omaha daily bee., 1889-06-03

uncharitable world that he has been felon,
and a strong probability that he would fin
ally become the charge Of some charitable
institution.
Fireman Cross Death.
The horrible death of Fireman Peter M.
Cross in the collision in the Burlington
yards in this city Wednesday night suggests
many things not developed at the coroner's
inquest The yard is covered with perfect
maze of tracks and switches, and at night
the lights that cover this ground are enough
mystify even the initiated. The testi-
mony showed that what is called tho 'man
track is not the one on which the main
business is done; that since the erection of
the new passenger and freight depots the
main track has developed into an unimport-
ant side track, and the passenger and freight
trains are run into the city over q switch
that branches from the main line about $50
feet west of the Union Pacific crossing.
Without attempting to critlcise the manage
ment, it would seem to common observer
that this change ought to have changed the
name of the tracks, and when
a track ceased to be main one in use it
ought also to cease to bear that name. But
such seems not to have been the custom
here. All the switches are set so as to run
trains on what is misnamed the 'main
track" 1t seems further TO have been an
uuWTlJJeH law 'dulOuS UuO inCu uo III
and out of this city over that line that all
trains should come to a dead stop before
reaching the passenger switch, unless sig
nailed by the switchInan to proceed. There
is no written or printed rule of the company
to that effect, and 1t Is not generally known
among the railroad men, but only among
those who run in and out of that line. And,
further, as tho switchman has usually been
at his post, the signal to come on has most
always been given, and, therefore, Il number
of the men on that line actually knew moth
ing of the existence of such Il rule or custom.
Engineer Sheeley, VINO had charge OF the
train which ran into the switch engine, was
shown to be a very competent man-a man
that stood nigh with the company and his
immediate superior5, His run is from Au-
rora to Kearney, and was almost entirely un-
acquainted with tho details Of the tracks In
the yards in this city, and knew nothing OF
this unwritten rule or custom OF stopping be-
fore reaching the passenger switch. He
knew of the Union Pacific crossing. The
printed rules in hls time card told hlm that
he had right to proceed II the semaphOre
was all right He looked at that and saw
that it said come on. He knew nothing OF
this fiction regarding the "main track" and
the passenger switch,h but supposed that q
main track was a main track. and as he was
pulling No 20, a fast freight, which IS a
privileged tram, he pulled on as cautiously
as a train of fifty cars could go on a night
when the rails are heavily covered with dew.
The coroner's jury said that Cross' death
was due to the failure OF Engineer Sheeley
to stop the train before reaching the passen-
ger switch, though it found that this failure
was not either wilfull or felonious. While
this is true and perhaps Sheeley is justly
censured, yet it is equally true that ho stands
in the position OF man who does an act,
which, the law says, Is criminal, but oil
which fact he is entirely ignorant. The law
says that ignorance OF its provisions can
justify no man, as everyone Is supposed 10
know the law. IL Is equally true that every
III ia nj oh aunpngaA n know the
rules, which govern the running OF trains on
his road. But in this case the rule was
local one,-more custom than rule, ana
therefore was in the nature OF special
statute, which, TO be effective, must be especi-
ally pleaded. Manypersons seem to think that
there would have been more Justice in the
verdict If these facts had all been stated,
and the Dlame attached to the management
for sending a man over that road with
heavily laden train, without informing him
of this local custom. IL would have also been
the province Of this jury and also many think,
its duty. to have said TO the company; III
this passenger switch, so-called, IS to be your
main track, as you say it is keep the switches
set 80 that trains may como In over II with
out interference" IL an engine would be-
come unmanageable, as that one dlu az
Omaha, last summer, when II ploughed
through the Burlington depot, collisions
could not be avoided when the switches are
set to run all trains on what Is really side
track.
City News and Notes.
DIR. A. G. Warner lectured ut st. Paul's
M. Il. church to- night on the subject OF "The
Church and Charity" a crowded house
greeted him
1t is learned that Mr.. ]. p. Walton. sur
yeyor of Lancaster county will have his
new map OF the city completed in week or
ten days. 1t will convince the most skepti'
cal that Lincoln has been going ahead like
race horse.
The frat volume of Prof. George e. How