Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-16
RAILROAD BLAMED.
Verdict Of Coroner's Jury Which In
vestigated Harry Whaley's Death.

EVANSVILLE December 10, 1904.
TIE Baltimore and Ohio Railroad Com
pany was declared by the coroner's jury Of
inquest here yesterday to be guilty of GRIM
ipal negligence in connection with the acci-
dent at the Riverdale crossing early
Wednesday morning. as the result Of which
Harry Whaley. driver for bakery firm of
Washington. lost his life. two horses were
killed and a wagon demolished. The
specific cause for the charge Of negligence
was, according to the verdict of the Jury.
the absence of necessary appliances at the
crossing for the safety of the public. The
jury found that trains Nos. 515 and IA both
struck the deceased.
The jury met in the Office of Justice of
the Peace Arthur Carr. acting coroner.
Rufus H. Vincent being foreman. The other
members of the jury were Charles W. Barr.
VIM. P. Magruder. v. G. Stanton, Frank
Rush. J. NJ. Hawkins. C. M. Pool, Walter Z.
Raybold. Theodore Browning. w. L. Stew
art Louis Giachetu and Herbert Moffatt.
Considerable interest was manifested in he
testimony and the coroners office was pack
ed almost to suffocation.
Before the jury met a visit was made to
the scene Of the accident. and while the
jury was assembled an express train passed
the crossing and the electric gong failed to
ring. This fact. 1t is stated. was largely re-
sponsible for the conclusion reached by the
jury. The Rfverdale crossing Is an impOr-
tant one. and the company has never placed
a Waterman or gates there.
w. G. Stats. engineer of train Sis out
Of Baltimore. which crashed into Whaley's
team. testified that he was a quarter of a
mile from the crossing when he saw the
team. The driver was not attempting to
cross the tracks. When he found that the
team was on the crossing he reversed his
engine. but was unable to stop in time to
prevent the accident. His engine caught
the horses. throwing them to the east track,
together with the wagon and man. He
claimed that his engine did not strike
WhaIey. 1t was not over five minutes be-
fore train la. out Of Washington passed
him. and he did his best. he said, to stop
this train before 1t passed and crashed into
the debris. He ran probably 800 yards after
striking the wagon.
Engineer T. N. w. Glase Of train Ia, out
of Washington, testified that he saw q
man lying In the ditch between the tracks
with head to the east and one foot over
the rail- but could not stop in time to pre-
vent the accident. He claimed he did not
hear the signal whistle from the train from
Baltimore warning him to STOP nor did he
see the torch which the fireman of train
615 displayed. He did not see Engineer
Stats standing In the middle Of the track
one Reese, a citizen Of Riverdale. who ran
down the track and sought to stop the
train.
six citizens Of RlverdaIe. three of whom
were eye witnesses to the accident testi-
fed that the bell did not ring to give warn
ing of the approaching train. and 1t was at
least i've minutes before the train which
actually struck Whaley came upon the
scene after the train from Baltimore had
struck the team.
present at the inquest. representing the
Havenner Bakery Company OF Washington
and the family OF deceased. Mr.. r. Snow
den Hill represented the railroad company.