The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1900-09-14
FREIGHT RESPONSIBLE.
So Says Jury in the Carroll
Inquest
Freight Was on Track Contrary to Or
ders. Story of the Proceed
ings at Inquest.

| who was killed in the wreck in the
| railroad yards in this city on Saturday,
Sept. LIST, was held at the city hall Mon
| day, being called at nine o'clock, hav-
ling adjourned from Monday of last
| week. The jury is as follows:
Gaylord Lamb, o. o. Pitcher, o. A.
Mobiles, Jas. Shoemaker, J. G. Han
son, and J. Phelps.
The testimony in substance taken is
as follows
G. F. Bensell, of Winona, was first
| called. Was in charge of locomotive
on the east bound freight train pass
ing through Mankato at go, being
then late Do not remember what time
the train is due here, but suppose that
! the train was about one hour late.
Did not stop at depot at all. This
was the first time I had made this run
but the rest of the crew was the regu-
lar crew. was engineer on the helper
engine. I had no orders as to pass
ing train at Mankato nor had l in
structions to report to any one at
Mankato. Sherman was fireman on
my engine and VIM. Mitchell was en-
gineer> on the regular engine. My
engine was ahead of the regular en-
CINE. We went on to sidetrack after
passing the passenger depot Either
| the conductor or brakeman had charge
of the switch. We had been on the
| side track about half an hour before
we saw the train which ran into us.
This half hour we occupied in switch
ing. When 1 first saw the train my
engine stood on the frog of the east
side of the switch. A fagman had
been sent out about five minuets before
the collision took place. The switch
was open to the switchtrack and there
was no one in charge of the switch at
the time. The fagman was about
400 feet east of the switch just before
the collision occurred. He was on the
! G. & n. w. tracks and nothing was
between him and the approaching
train. The passenger train was COM
ing at the rate of 30 miles an hour
when first saw it. 1 gave no signal
when saw the train approach and l
saw no indication that the passenger
train was slowing up. l lett my en-
CINE just as soon as saw the train
approach and my fireman followed me
as fast as he could. I was about rs or
so feet from my engine when they
collided and saw the collision but did
not see the engineer or fireman of the
approaching engine although I was
looking right at them. I could see
about 400 feet ahead of the engine. At
that place the view was cut off by the
Omaha freight train on the Omaha
track and on a curve in the track l
did not hear the whistle nor the bell
of the approaching train but I could
not hear these sounds on account of
the noises in my own engine. When 1
came back to the wreck found the
! engineer of the passenger engine lying
on the ground on the side toward the
Omaha tracks. He was conscious
when found him and remained so
while was with him for nearly half
an hour. His name was VIM. Carroll
and l have known him for nineteen
years. The fireman came towards me
while was standing near the wreck.
The Omaha freight stopped within
about 60 feet of the wreck. 1 was the
first man who came to the engineer S
| (Carroll's) assistance. Carroll told
me he was caught beween the tank and
engine. The tank was dented in and
the woodwork of the cab was splinter
ed Carroll asked me when first saw
him why we did not flag his train.
Made no other statement at that time
had no time to give signal when I
first saw the train approaching. Was
not in my regular seat and had just
time enough to escape. The fireman
saw the train first and said: "There
comes that train
VIM. Sherman, of Winona, locomo-
tive fireman, was next called. He tes-
fed substantially the same as the
preceding witness, being the fireman
on the same engine with Mr.. Bensall
the engineer. He saw the fagman go
by the engine on his side of the cab
and said something which he could not
understand. Did not see the fagman' S
flag when he went by the cab. Sher-
Imam kept his eyes toward the fagman
and did not look toward the rear of
the train. He was watching the flag
man and saw him give the signal to
the passenger train with his hands,
He did not have flag and was about
forty feet from passenger train when
he gave the signal. He was about 30
or 60 feet away from his engine when
the collision took place and was still
going when the engi mes struck
Ed. Lawler was the next witness
called. He lives in Mankato and is flag
man at Rock street. He testified prac-
| tically as follows: The accident oc-
cured about 140 feet from where I was
| in the middle of Rock street about four
| feet from the northerly track. l not
iced passenger train coming at Craig s
barn and saw man making stop
| signal and I expected the train to slack
Iup. had a clear view of all the
tracks and the Omaha train did not
interfere with my view. The passen-
| ger train did not slack up. was