Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1896-02-18


S. Maule, who saw the accident
from his house, testified: Man on
front of train did not move from
car to car Just before the accident
Hugh Howell testified: Am a
civil engineer; was at the place
of accident half an hour after it
happened; went with Mr.. Camp
bell the head luna, Mr.. Walsh and
some natives; engine was lying on
side of fill about two and half
feet high, track was considerably
torn up; examined cars and saw
n ,thing wrong with them
that would have caused
the accident; appeared to
be about 60 or 70 feet from where
engine lay to place of first dam
age to the track; noticed a burr on
inside of rail at a joint within a
curve, and l judged that is where
the engine went off the track, as it
was above there that the ties first
showed marks of the wheels;
Walsh told me this was something
he had been expecting for some
time, as the road was in very bad
condition and at that place the
ground was soft, he said that Just
as he opened the throttle to drive
the engine up the grade she gave
lurch and began to rock violent
ly, and the next thing he knew
! she went over on her side; he said
she was running at about ten
miles an hour. (Witness here
gave his college and railway re-
cords; he had served in con-
struction and maintenance on
the Southern Pacific Railway
Mr.. Dole questioned the wit
ness as to general principles af-
fecting the safety of running en-
gines.
Mr.. Kinney objected that the
witness was introduced as an ex-
pert on construction of roadbeds
and not on the running of trains.
Witness was then asked to state
what he knew about the roadbed
where the accident happened: The
bank was very scant in places, the
sand having been blown or wash
ed away; the rails were not pro-
perly joined and they exhibited
sharp angles, and the spiking was
done in way that, however we'll
it might have been laid originally,
the track was in condition that
made it dangerous for the running
of trains over; new road would
not be as safe as an old
one until the ground settled;
it is much safer to pull cars than
to push them up grade or round
a curve; never heard but one dis
senting opinion on that point,
that was at the preliminary exam
ination in this case. Witness
illustrated the principle in ques-
ton with ruler held by himself
and Mr.. Dole at either end.)
Q. Would it be reasonably safe,
or would it be dangerous, to push
a train of fifteen cars up four
percent grade and round four
teen degree curve, upon a track
such as you have describedp
Mr.. Kinney objects and the OBJ
lection is sustained.
Witness: Had a number of
conversations with defendant be-
fore the accident, and he com
planned about the roughness of
the road and its unsafety; 1 told
him to be careful, but said nothing
about the number of cars or
speed.
Cross. examined: / worked on
this road within ten days or two
weeks before the accident, at the
place where it happened; 1 told
Walsh the road was pretty rough,
that it was constantly getting out
of alignment, that the banks were
not wide enough; Walsh did not
necessarily get his idea of the
danger from my remarks; did not
tell my employer that the road
was dangerous" but that it would
be hard road to keep in good
order; l told Mr.. Wells that and
that it was not in good order, this
was one week before the accident;
l put in stakes at this locality to
show where the banks should be
filled up, it was none of my bust
ness to attend to the work Of con-
struction; told Mr.. Wells week
before the accident that he would
have to keep a large gang of men