The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-04-07
CRIMINAL CARELESsNESs,
Says the Jury, But It Doesn't Know /
Who was Careless.

The cOroner's jury inquiring into the
deaths of Mr.. and Mrs John McRob-
erts was in session at Coroner Wester- 1
fields Office from , p. m. to $50 yester- /
day afternoon, and from to $3.50 in
the evening.
Head Brakeman John Nelson, who
lives at 226 Klein street, was first on the
stand He said they had stopped TO
throw the switch just north of Lau-
rent street. He saw McROberts COM
ing when he was a hundred feet from
the track, and after he threw the
switch he followed at the driver, who
was then 40 feet from the track, to
Hold your horses, the cars are com
ing ahead.
NcRoberts did not answer but drove
right along until within ten feet of the
main track on the east. He then stop
ped, and the brakeman gave the slow
signal for the train of nineteen cars to
move south, as he saw a Union Pacific
passenger train on it's track. At the
same time A1cROberts started again,
evidently thinking he could get across. /
Nelson had walked south to the cross
ing after signaling to come ahead, and
he jumped into the middle of the side
track on which his train was coming,
and cried Tor Gods sake hold those
horses" and dashed his lantern in their
faces. This made them turn south, and
McRoberts seemed to urge them on,
seeming to think the train was on the
car was almost upon him and that they
We're caught Nelson jumped back to the
west. and gave a violent stop signal.
He turned his back to the terrible
sight so as not to witness it. There was
no crash. Night Yardmaster William
Cortrite who was riding on the box
car next to the engine. Brakeman John
Cortrite in the middle of the train, En-
gineer f. T. Barstow and Fireman
Thomas Haugh all told substantially
the same story. They We're sure the
train had stopped at the Laurent street
switch. Haugh claimed he rang his
bell all the way from ShOrey, and rang
it when the train started after the
switch was turned He said BarstOw
whistled when the train started.
None of the other train men had
heard it. They all agreed that the cars
ran about two car lengths after Mel
son gave the slow signal, and that the
train was going three miles an hour
when the violent stop signal was
given
Fred Graft is boy of Is who claims
to have seen the accident. He was
going home and had to wait for the
train to pass. He was on the east side
of the track and saw AIcROberts make
the drive just as Nelson claimed. His
testimony was weak in parts.
J. Snyder, Tyler and Grant streets.
said the train passed him at Gordon
street, going 10 or IS miles an hour.
neer suddenly reversed and the bell
was rung. 1t was an emergency
stop" but he paid no attention to it.
Policeman Henry Aye said Nelson
had told him he couldn't throw the
switch last night. He examined Sun
day morning where the fiat car had
bumped along on the ties. and these
traces lasted 50 or Is feet south of
of the center OF the crossing. Accord
ing to this, two cars must have run en-
tirely over the bodies.
The jury reached a most peculiar YER
diet Tt said Mr. and Mrs John Nc
Roberts came to their death by being
struck and run over by a Rock Island
train through the criminal carlessness
of parties, the responsibility of which
is unknown to the jurors"
If there was criminal carelessness the
jury should know who was responsible.
Perhaps they thought it was the lack
OF lights at the crossing
Lawyers Joseph @. Waters will begin
damage suits for the heirs Assistant
County Attorney Arthur NcCabe ques-
toned witnesses yesterday and Mr.
Waters for the children and W. r.
Evans for the Rock Island cross-ex-
amined-