The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1902-08-26
censured the Raitroad comnarv-

| Censured the Railroad Company.
Coroner Seeds conducted an inquest at
Smithville. on Thursday, on the death of
David Johnson, of Vincentown, who was
killed by the cars at the Smithville rail
road crossing on Tuesday. The jury's
verdict censured E. F. Gilbert, the station
agent, and also the railroad company.
A jury of six men was called, as fol-
lows: Franklin S. billiard, Joseph E. But
terworth, Edgar G. Allen, Eugene O.
Haines, Howard Haines, Thomas W.
Ross.
Jacob G. Hendrickson and Samuel W.
Shinn appeared as counsel for the John
son family. The testimony was reduced
to writing by B. H. White for the coroner.
Grandson Sickles, conductor on the
train that killed johnson, testified that
the train was about twelve minutes be-
hind time when it reached Smithville.
The usual warn ng whistle, he said, had
been blown by the engineer before ap-
preaching the crossing. The train was
running at rate of about so miles an
hour. Witness knew nothing of the &C
cident until the train stopped, when he
saw that johnson and two horses had
been killed and wagon demolished.
E. F. Gilbert, the telegraph operator at
the Smithville station, said he saw John
son before the train arrived, and called a
warning to him. Witness said johnson
pulled on the lines as if he intended to
stop the horses, then jerked the right line
to turn from the track, and finally, when
the train was near him, dropped the lines
and made movement to get out of the
wagon. Gilbert said he did not have
flag in his hand but insisted that he called
to johnson to keep back. 1t is customary
to flag the crossing for all trains that do
not stop at the station.
Allen Dare, engineer on the train, said
he gave the regulation crossing signal
that morning before reaching Smithville.
He had received orders to meet an extra
Ga special excursion train) at Smithville
that morning. After passing Ewanville,
he saw the special on the siding at the
station, so the main track was clear.
There were number of passengers from
the excursion train walking along the
track so the witness said he blew
his warning whistle exceptionally loud
and long. When almost at the cross
ing the fireman called a warning,
when the engineer first noticed the horses
nearly on the track. He applied the emer-
gency brake and shut off steam, but it
was too late to stop. Witness did not see
any flag or flagman at the crossing. When
asked about a maple tree near the cross
ing, the engineer replied that it somewhat
INSTRUCTED the view of the track toward
Ewanville.
Robert Stewart, the fireman, corrobo-
rated the engineers testimony. The train
was only 80 yards distant when he first
noticed the horses. which were going
toward Smithville
Thomas R. Finley, treasurer of the Fl.
B. Smith Machine Co., was about 300
yards distant when the accident happened.
He did not see any flagman at the cross
ing.
Matilda Willets, of Smithville, was in
the station at the time, and said the agent
did not go out until the train was passing,
when he ran out rapidly.
Mary Austin, of Smithville, was also at
the station that morning, standing on the
platform. She saw agent Gilbert coming
from the station, holding his hands up,
but he did not get off the platform before
the train struck johnson. The platform
is some distance from the crossing
DR.. ]. Clifford Haines, of Vincentown,
examined Johnson's body soon after the
accident The left side of the head was
crushed, and the left arm and leg broken.
A part of the brain was macerated, caus-
ing immediate death
William Saidt, of Smithville, had con-
versation with the station agent on Tues
day afternoon The agent admitted that
if a fiagman had been at the crossing the
accident would not have occurred.
The jury rendered the following YER
dict: THAT the said David S. johnson
came to his death by accident at the
Smithville crossing of the Pennsylvania
railroad on August 10, 1902, due to neglect
of E. F. Gilbert, station agent, in not
tagging the crossing when danger was
approaching, and the Pennsylvania Rail
road Company for maintaining an OBJ
struction to the view of approaching
trains.