Gilpin observer., 1905-08-03

thing was wrong on the front end and
saw the engineer in his position. looking
out the cab window, showing no appre.
hension whatever. Thinking that the
engineer could not catch enough air to
make the curve he went to the rear end
OF the caboose and applied more air from
that point. This application of air did
not appear to be effective as the speed
Of the train increased instead OF lessen
ing. The conductor estimated the speed
OF the train at the time the curve was
struck at about fifteen miles an hour
and said the regular schedule OF freights
on curves was seven or eight. He said
hours behind time. in fact was always
from two or three to five hours late. He
concluded his testimony by saying that
on previous occasions he had made the
trip much faster but not because he
wanted to, intimating, doubtless, that
the grade was SO steep it was difficult to
run exactly on the seven or eight mile
an hour schedule.
r D. Taylor, who was braking on the
head end, was the next called. He said
his duties were to watch the train, set
brakes and release them. Upon leaving
Black Hawk he had set the hand brakes
as is his duty SO that the engineer can
control the train when he releases the
air. He stated that engineer Allen did
not signal for brakes, which is one short
blast OF the whistle and he Taylor did
not think the train was beyond control
OF the engineer.
A. E. Brown, who was rear brakeman,
said at the time Of the accident he was
eight cars from the engine and was set
ting brakes. He said he noticed the
train was running faster than usual but
not faster than he had gone around the
curve on previous trips. One car was
over it's capacity to his knowledge. This
was the head one, next to the engine.
The car was weighed at Black Hawk
and weighed $1,000 pounds, gross, the
capacity being $4,000 and weight of car
10000. He said it is permissible to load
the cars 10 per cent over their capacity
and the head car was loaded 5000
pounds above the ten per cent. Hand
brakes had been set on first four cars.
Some OF the cars in the train were OF
old make, so the brakeman stated and
, the hand brakes could not be set to work
with the air when applied by the en-
gineer owing to defect in ratchet that
would drop down. He said he was sat
isfied in his mind that something was
broke or was working out Of order some-
where about the train.
The last witness called was Geo.
Dwyer, roadmaster, who has charge OF
OF the track of the Colorado & Southern
between Pueblo and Greeley, including
the Clear Creek division. His duty is
to look after the maintenance of the
roadbed. He passed over the track
where the wreck occurred in the morn
ing on the train and had gone over it on
hand car in June while making an in
spection Of the road. Dwyer was at the
wreck thirty minutes after it happened
and speaking OF the condition in which
he found the track said that the rails
for distance of 100 feet had been torn
up and the ties punched and broken on
one side, and the roadbed was torn up
considerable. He considered the track
at the curve IN good condition, but ad-
mitted it was greatly curveworn on one
side. Below the curve the rails had
worn to such an extent they were taken
out short time ago and new ones put
in. Dwyer said the weight Of the steel
used in the tracxs above the Forks is
forty pounds to the yard and below, so.
On the line from the Forks to Idaho
Springs go pound steel is being laid.
Dryers testimony concluded the evil
dence and the jury was over an hour in
reaching verdict and returned the fol-
lowing:
That John Ferguson came to his
death by being killed in a wreck on the
Colorado & Southern railway near m lie
post No. 32, on July 31st, 1905; and we
further find that the wreck was caused
by the train being too heavily loaded for
the engine and employees to control, and
further, We are Of the opinion that the
track at this particular point was not in
good condition, the rails on outside OF
curve being badly worn."
The remains Of Ferguson were inter-
cd yesterday afternoon. Coroner Ae-
quith left this morning for Golden
to view the body Of Engineer Allen
and secure and affidavit as to his death,
in order to make his report to the proper
authorities. Aliens body was removed
from the wreck before the coroner had
tine to examine it.