The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-05-10
WAS UNAVOIDABLE !
Coroner's Jury Verdict in the
Benderaitis Case.
WHAT WITNESSES SAID
The Majority of Them Testify That ths
Cars Speed was Not Fast-Hov the
Accident Occurred-The MOtorman and
Conductor Released From Bail.

Deputy Coroner Manley and his jury,
consisting of Senator b. J. Monaghan,
foreman, p. j. Cleary, Patrick Flaherty,
Charles Vitkofski, f. j. Brennan and j.
H. Manley last night held an inquest in
| the case of Andrik Benderaitis, the five
year-old boy who was killed by an electric
railway car on West Coal street, last
Thursday afternoon,
The jury spent nearly four hours in tax
| ing testimony and after spending about
half an hour in deliberation rendered the
following verdict; "That the boy came
| to his death by being struck by car No. ~
owned by the Schuylkill Traction Com
pany and in charge OF conductor Thomas
| Dougherty and motOrman Thomas Kenny,
| while attempting to cross the track from
the south to the north side of Coal street
We believe his death was accidental and
unavoidable"
Immediately after the verdict was rem
dered Constable Boland took the conduc-
tor and motor man, who had been under
| 81 600 bail pending the result OF the in
quest, before Justice Csrdin. They were
discharged from custody and their bail
| cancelled.
The list of witnesses examined at the
inquest was long one, but it was found
1
were really not witnesses and had no
| knowledge of the matter until after the
accident happened.
| The father of the boy was the first
| witness He said he went to the rear OF
| his house, leaving the boy with his wife
| in one OF the rooms. About five minutes
| later he carried the mangled remains Of
the child from the track. He did not see
| the accident.
The mother of the deceased was unable
4 . kl,a YrNf r,f
ness.
George Sockalosky testified that his son
| and the victim were playing close to the
track. Sockalosky saw the car approach
and warned the boys to get away from
the track. His son did So but the victim
remained and was killed. The car ran 10
or 16 feet after passing over the child.
| When asked the rate of speed at which
the car was running when it struck the
boy Sockaloski answered, Faster than
| an engine"
Jesse Hughes, a clerk at the VIM. Penn
colliery and residing in Shenandoah, testi-
| fled that he was a passenger on the car
| and thought it was running at a speed of
less than six miles an hour; in fact he
| thought the car was going slower than
usual.
John C. Glover, assistant foreman at
| VIM. Penn colliery, was also a passenger
| on the car but took no notice of the speed
at which it was running. After knocking
down the boy the car ran about cars
length and possibly two cars length He
| couldn't judge the speed, but thought he
had often travelled faster on the road.
| Matt SlavinskY was sitting in n neigh
boris house and saw the accident through
a window. He couldn't say how fast the
car was going, but it was pretty fast. He
never saw the cars run faster up Coal
street. The car ran about Is feet past the
boy after knocking him down.
Samuel Small, of Lost Greek, was
passenger on the car. After the accident
the car stopped and the boy was about 10
or ~ feet behind it. He could not judge
the speed.
James Cummings was sitting on the
porch of his house when he saw the ac-
cident. When Cummings first looked the
car was about 10 feet from the boy. The
latter was standing but apparently NOV
ing backwards with his face turned to-
ward the car. He was close to the south
rail Cummings said he did not think
the car was going at the rate of speed at
which they generally go. Sockolosky
Liver almost opposite Cummings house.
the latter did rot hear Sockolosky halloo
to the boy. Those cars run too fast for the
welfare of the people of that street.
John Murphy, of Lost Creek, testified
1 he saw the accident when walking down
Coal street. He had no idea of the speed
at which the car was travelling When
he first saw the car it was or 10 feet
from the child. AS the car drew closer he
saw the motorman tightening his brake.
At first, when the car was about ten feet
away, the child stood on an embankment
covering the water pipe and from 3 to 314
feet from the track. As the car drew near
the child approached the track and when
the car was close the child jumped in
front of it and was struck. III the child
had stood where it was when the car was
ten feet away the car would have passed
without lnjuring 1t.
E. w. Ash, general manager of the
| Traction Company, was subjected to quite
| a lengthy examination on the miles and
| schedules of the line. In answer to one
question he said he thought that a car
with power and everything in good con-
dition could make as high rs 20 to % miles
an hour, and possibly more. As to the
schedule he said cars are allowed half an
hour to run from Glover's bank to the
south end of Main street and back. This
distance between these points one way II
| and 40 miles and the time allowed
makes the schedule time through the
town from and to Glover's bank and 6 10
miles an hour. Since the new schedule
and rules went into effect, last January,
it is against the rules to detain a car at
the south end of Main street longer than
it takes to turn the trolley and unload and
load passengers.
Mr.. Ash thought car running to 5
miles an hour could be stopped IN 10 to 10
feet If running miles an hour the
stopping distance would be increased or
q feet more, 1t depends upon circum-
stances, as for instance ascending or de-
scending a grade, etc.
| Thomas Kenney, of Corners, testified
| that he WAS the motOTman on the car and
has been running on the shenandoah line
since last October when | first saw the
boy he was about ten feet from the car,
He was sitting at the side on a bank over
the water pipes. | didn't see any other
| boy there. i was running at from to o
miles an hour l was travelling slower
Lhan / had hlnng the line. / sLnrtad 10