The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-13

noticed that the year is wrong).
To c. and E.:
will wait at Valencia until 1855 a. m,
for extra No. 4S9. east.
No. 3. engine unknown, will run 30
minutes late Topeka to Herington.
Nagle signed up for this at 1888 at
Topeka.
The other order follows:
Topeka, Jan. 6, 'O4.
To c. and z. No. and No. ID:
Extra No. 1417 east will meet No. 13
and No. 8, engines unknown, at Viii
lard.
This is order No ?, spoken of by
Dispatcher Ebey, and was signed by
him and Conductor Nagle at the same
time as the other one was signed. No.
IS mentioned is the Oklahoma passen-
ger train,
In the testimony yesterday, Coroner
Silverthorne began the questioning. 1t
was as follows:
Question-What date were you last
on duty?
Answer-January 6, 1904.
Q-What train were you last on?
A.-Passenger No. 3.
Q.-Where did you receive your last
order?
AT Topeka, Kan
Q.-Have you a copy of those or
ders?
Al have not. I lost them at the
time of the wreck, but they were sup
OO%-
ductor Nagle. (Here the conductor 5
orders were handed him).
Q.-Were your orders the same as
these?
A-They might have been, but I I'M
derstood them differently.
GLOW did you understand your or
ders?
Al was to wait at Valencia until
1885 a. m. for extra No. 1417 and meet
extra No. 4S9 east at Willard. When
we arrived at Valencia at 1888 a. IN.
no one was there, and I passed on to
Willard and met No. 4S9 on siding.
Q-You were satisfied that was No.
4s9 standing on the siding at wizard!
Ayes, sir, l was
Q.-What did you think had become OF
extra No. 1917?
Al did not know. received mes
sage that they might want to change
engines.
Q.-Don't you think you should have
stopped at Willard to investigate what
night have become of extra No 14lI!
A-Under the orders I did not think
it necessary to stop and inquire for No.
1417 at Willard. I was under the i'm
preston that instead of having meet
ing point for a train at Willard 1t was
a time order to wait at Valencia until
1855 a. m. After that time they were
to look out for me.
Q.-Do you think, Mr. Benjamin,
there was any confusion in the orders
from the dispatcher's office?
Al think they could have been made
a good deal palmer.
should have been for No to run forty
minutes late to Harrington, it would have
avoided the wreck?
Al most assuredly do. If it had
been q. run late order instead of a wait
ing and meeting point order, the wreck
would have been avoided.
Q.-Do you think you are responsible
for this wreck?
= T reG 81
than you are, doctor. 1 wouldn't take
chances on my life for the whole Rock
Island system.
Did Mr. Maggie pull the air on
you?
Mr.. Dooley here began questioning
him.
Q.-You are aware that Mr.. Ebey, the
dispatcher. stated yesterday that train
crew No. 3 was responsible for the
wreck and had disobeyed orders?
Al know he stated that, but inten-
tionally I did not disobey orders.
Q.-How was the board at Willard?
At was clear.
Odd you know there was a night
agent at Willard on duty the night of
the wreck?
Al did not.
Q.-Knowing there was a night agent
there on duty, what would you have
expected.
| Al would have expected to find
red board turned against us, according
! to Mr. Nagle's orders.
Q.=Is it customary for the engineer
to read the orders to the fireman.
Al opened the irebox and read the
orders to Mr. Maggie at Topeka, Kas.,
and was within four feet Of the fireman
and supposed he heard them.
Owe understand that you deny
that you had explicit orders to meet
extra No. 1417 east at Willard?
Any understanding at the time
was that had not.
| Q.-Where and when did you make
a report of this Wreck2
! Al haven't made any report.
| Q.-At what rate of speed were you
running when the wreck occurred?
A.-At 3E or 40 miles an hour.
| Q.-Who first saw the headlight of
! the approaching train?
A-The freman-Mr. Stoddard.
| Q.-What did he say?
! A.-"Here comes a headlight or
train 1 am not certain which he said,
! but I made him no answer, but put
! everything at work to stop the train.
1 put air brakes on in emergency.
| Q--Before leaving your train did you
do everything in your power to stop the
train?
Ayes. sir, did
The signature of the engineer. S. J.
Benjamin, is signed to the copy made
of the questions and answers. as is
also the name of e NJ. Stockton. the
| justice of the peace before whom Ben