Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-08
THE CULLEN INQUEST.
A Verdict That Death Was Accidental but
the Railroad Company Blamed.

A Verdict That Death Was Accidental, bot
the Railroad Company Blamed.
An inquest was held at Lees undertaking g.
tablishment yesterday afternoon over the body
of Paul Cullen, the boy who was killed Sunday
afternoon by shifting engine near 9Th street
and Maryland avenue. The Jury was composed
of Messrs. Frederick Neuman, Philip Dryer,
f. NJ. Smithson, John 7. Lucas, Eugene Lucas
and John Roux.
Mr.. Mckeever, superintendent Of the rail-
road and Mr.. Cullen, father Of the deceased,
were present.
A small boy named Owen McArdle was first
examined. He testified that he was with the
other boys playing and some one took his hat
and hung il on the pole Of the gate. The boy
also took Walter keleher's hat, and IL had gone
up and down three times when Paul Cullen
went over to get kelehers hat for him. He
got the hat and was returning across the track
when the engine struck him. Witness said he
saw the engine coming from the depot and he
thought 1t was running at the rate Of twenty
hye or thirty miles an hour. When the acct
uent happened witness said the gates were
being lowered. There was q train standing on
the bend at the crossing, and witness said 10
had been standing there five minutes. witness
said that somebody had TO tell the engineer.
that there was a boy undes the engine before
he stopped It, The engine ran a distance Of
about forty feet after il struck the boy.
Walter keleher told of his hat having been
taken. He did not witness the accident but be
saw the boys body on the track after the en-
CINE had stopped.
lis the track fenced in on 9Th street?'' asked
| Juror Dwyer.
There's little fence there, " replied witnsss,
that runs from c street around toward the
school building"
Witness said he had never seen many trsina
stopped there.
Henry Barber, another boy, was called He
saw Two hats on the gates end he intended 10
hit one OF them with an egg, but instead Of do
ing SO he put the egg in his pocket He saw
another boy hit one OF the hats with q piece Of
dirt Witness saw the Cullen boy run across
the track, get the hat and then start 10 run
back. when the engine struck him.
When questioned by a juror witness said be
had seen che shifting trains stop at the crossing
ana prevent persons from getting by unless
they went under the gates.
Oscar Robey testified that he was standing
near the cigar store, corner Of Maryland
avenue and 9th street, when the engine came
down 9th street. He had started toward homo
| when he heard the engine stop, and some one
remarked, Paul was run over. It's a mighty
bad thing" remarked witness. 1T viii learn
| them boys around there lesson"
| A L. kichold gave evidence as TO the bovs
playing with the hats He said that the CuRen
boy was the last one to cross the track. He
saw the boy stumble and as he did DO the
| engine struck him.
Witness was positive that the boy stumbled
before the engine struck him. Witness Thought
that the engine was going no faster than they
! usually run.
John A. Diehl. engineer, also gave testimony
He saw the boys playing m the street and saw
them cross the track. He put on the air brake.
but the boy was too close TO the engine 20 pre-
| vent being struck.
The jury heard other evidence and after
lengthy consultation they reported that they
| were unable to agree.
Juror Dryer thought that while the boy was
| careless the railroad was not entirely blameless-
He thought that the company did not have the
proper safeguards about the track He re-
ferred particularly to the absence Of Q fence
along the line of track
An adjournment was had, and when the Jury
reassembled Attorney Hazelton appeared and
gave information respecting the laws and regu-
lations concerning the speed Of trains and the
| fencing of tracks.
The jury thereupon reported the following
| verdict: That Paul Cullen came to his death
| by being run over by an engine owned BY the
baltimore and Potomac Railroad Company
From the evidence we believe that tine affair
was accidental, and that the death vas due
partly to careessness Of the boy and partly -
the fact that the railroad track was not fenced
in accordance with the Law regarding su06
/ mattersn