The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-04
Report and Opinion in
Stony Creek Tragedy.
LAX In DISCIPLINE
Opinion of Court in Case of Soldiers
Killed on Top of Car Says Regi-
mental and Company Officers
Were Remiss in Meas
ures Taken.

The long delayed report OF the
Court of Inquiry appointed by Gov
crnor Aycock TO investigate the fatal
accident of the 18th of August last
~ which two privates of Co. a, of
the Third Regiment y. c. n. c., We're
killed and two warrant officers in
jured while riding on top of a coach
Of "a troop train en- route home from
the Morehead encampment was made
public from the Adjutant Generals
office yesterday.
The finding OF the court is that the
colonel of the Third Regiment, all reg
mental officers who were on the
train and all officers of Co. A, of the
Third Regiment who were on the
train. were remiss in the discharge of
their duties in not taking ordinary
precautions to enforce proper discip-
Inc.
The report is officially approved by
Governor Aycock under date of Octo-
Der Goth and the court is dissolved
~ order of Adjutant General b. S.
Royster.
The report is non-specific in its
terms and it is impossible to give de-
tails of the reasons on which the
opinion of the court is based, nor
are placed under censure, as it is
not known which of the regimental
officers were on the train and since
Ii is scarcely credible that all of these
should be blamed alike regardless of
their duty to the regiment. For in
stance. il is hardly meant in the Opin-
ion of the court to cenSure for a
lack of precautions to enforce dis
Cipline the surgical members of the
staff. some of whom were on the
train on which the accident occurred.
Officers who fall under the terms
Of the censure of the opinion of the
court are Colonel j. n. Craig, of
1902; Major j. j. Bernard, of Raj
eigh. commissioned Dec. 4, 1902; Capt.
l.. F. White, of Co A, commissioned
Nov. 27th, 1902. and Second Lieu
tenant VIM. a. Ramsey of Co. A,
commissioned Nov. q, 1902. First
Co. a, did not attend the encampment
and is hence not included in the CEN
sure of the court.
No Court Martial Probable.
While the function OF a Court of
Inquiry is only 70 investigate and fix
the blame and not to punish, its find
ing may of course, be followed by the
appointment of General Court Mar
tai. which must be named by the
Governor. There is, however, scarcely
q possibility OF this course being fol-
lowed i'm the present case, as the acct
dent was the result of the foolhardi-
ness of the men, who had climbed TO
the top of the car TO drink some WINS
key which they had purchased at La
Grange, and il is considered that the
opinion of the court carrying the CEN
sure of the officers named will be q
sufficient warning to insure a stricter
Nd for n nj on a.
sions.
History Of the Accident.
The fatal accident resulting in the
appointment of the court occurred on
August 18th where the second section
of the troop train carrying SIX COM
panies of the Third Regiment home
from the encampment at Morehead
City reached the overhead bridge at
stony Creek, near Goldsboro. The
train had stopped at LAGRANGE and
at that place four members of the
Durham company Co. Al, were per-
mtted to leave the cars. They bought
whiskey and, instead of returning to
their seats, climbed upon the top of
the coach to drink it, All We're sit
ting with their backs to the engine
and did not see the bridge or notice
the cords which dangled over the
track as warning. The two men
nearest to the engine We're instantly
killed and the others their lives saved
iy being knocked down by the bodies
OF their comrades, were seriously in
Jured.
Findings and Opinion OF Court.
The detail OF the court which was
appointed by Special Orders No. SO
on August 25th to meet in Durham
in August 18th was Col. Jno. c.
Niche, Engineer'ss Department, 1t
Col. Jones Fuller, Judge Advocates
Department, and Major O. e. Lloyd,
Engineer Department.
The findings and opinion of the
court which are set forth in General
Orders No. % under date of October
26, are as follows:
Findings.
1st. That the following men were
killed on the train of the Atlantic and
North Carolina Railroad Company, on
August 10, 1901, while riding on the
top of one of the cars of said train,
~ striking an overhead bridge at
Stony Creek. q few miles east OF
Goldsboro, n. c.: j. b. Warren, prl-
vate, Company A, Third Infantry;
date of enlistment, May 8, 1904;
George H. Johnson. private, Company
a, Third Infantry; date of enlistment,
April Is, 1904
2. That the following men were m
Jured in the same manner and at the
same time and place as above: ;. +.
Gates, quartermaster sergeant, Com
pany A, Third Infantry; date of en-
iistment, November l, 1902. w. +.
McDade, corporal, Company A, Third
infantry; date of enlistment, July Is,
1903.
j.. That this Court of Inquiry has
received the evidence of every avail
able officer enlisted man and civilian
who could possibly give any evidence
in this case.
Opinion.
That the Colonel of the Third In
fantly, y. c. n. G., all Regimental
Officers who We're on the train. and
all officers of Company a, Third In
family, \. G. \. G.. on the train were
remiss in the discharge of their duties
in not taking ordinary precautions to
enforce proper discipline.
Civil Courts to Hear Testimony.
The opinion of the Court of inquiry
is particularly interesting by reason