Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-08
BLAME Is PLACED.
CONTINUED from Page One.)

cars ran down the grade to the place
where they were struck by passenger
tram NO. 153. Both switches are split
switches, and it was easy for these
cars 10 run down over the switches,
and t" open them on the main line.
IL was the duty of the rear brake
man, Raymond Spear, on train No. 81.
10 watch the west end of this siding,
when the trains We're being made up
and shifted. He says he never had
been instructed in relation to this mat
Ter. lie says that he understood that
ne was always to guard the rear end
OF the train when it stopped on the
main line, but he says he never had
been informed that it was his duly
TO guard the rear at stations when
trains were being made up.
On the contrary, the conductor, Hen
ry G. Farnham. testified that it was the
duty OF the rear brakeman to guard
the rear ct the stations. as we'll as any
where, and that he had informed Mr..
Spear to do so, and that he supposed
Mr.. Spear was attending to his duty
on this occasion.
1t was in evidence, however, undis-
puted, that Mr.. Spear stood on the
platform Of the freight house instead ot
at the rear of the train, and in fun
view of Mr.. Farnham, the conductor.
1t was in evidence. and not disputed,
that the rear brakeman was up near
the freight house while the shifting
was being done with the other MEM
bers Of the train crew, and it seems
| to US that if Mr.. Farnham, the conduc-
tor did not know that Mr.. Spear was not
attending to his duty, he should have
known it.
There vas considerable testimony in
relation to which was the last car on
the siding when the train moved out.
| Nobody, however. seems to have in
quired of Mr.. Sp, ar the rear brakeman,
whose duty it was to know. 1t is sig
nificant that neither the conductor nor
anybody else made any inquiry of Mr..
Spear as to whether all the cars We're
taken from the siding when the train
moved east.
The head brakeman. Walter A. Gerry.
says that when train No. 81 pulled out
of the freight house siding to go east
the rear car was an |. G. car. He ad-
mits that Joshua Condor. the assistant
freight agent told him that the l. {.
car was not the rear car. But the
brakeman. Gerry. refers to Mr.. Condor
as the young fellow there" and says
Il did not pay any attention to him.
because lie is q new man, and don't
know hale the time what car it is" But
| it seems that Mr.. Condor diG know
on this occasion, and if Gerry had paid
attention to this young fellow NJ.
Condor. although a new man. this
accident would have been avoided.
nhcarva1 other instances
| in our Investigations Of such accidents.
| where some employee has Disregard
ed u warning given by another en-
pIoyee. because of some feeling of SUI
| perior wisdom.
Mr.. Gerry gives no sufficient or rea-
sonable excuse for not needing the in
formation given to him by Mr.. Con-
don.
1t seems that these two cars which
were pushed down upon the track were
missed after train No. 81 moved east
| to Newport. but no one seemed 10
know where they were until the acct
dent occurred
We are satisfied that these two cars
were pushed down upon the main line
before train No. 81 left Pittsfield sta
ton.
Il
two years been moved further west.
and now there is quite 4 sharp down
grade n short distance west of the
freight house. and there should nave
been more care exercised in relation to
the setting of brakes. while cars were
on the siding.
We believe that Henry c. Farnham.
| conductor of train No. 81. and Raymond
Spear. rear brakeman of train NO. 81.
We're both negligent. Spear was neSH-
gent because he was not at his post OF
duty Farnham was negligent because
we believe he knew or ought to have
known. that Spear was not at his post
of duty.
Brakeman Walter A. Gerry was neg
licent because he did not heed the in
formation given him by Mr.. Condor
There was some evidence as to the
knowledge OF the engineer and fireman
Of train No. 153. which was wrecked. as
to the presence Of the freight cars upon
the track.
Mr.. ]. II. Avery. who lives some 1000
feet west of where the accident &C.
curred testified that he saw the cars
on the track That he heard the Whis-
| tie IF train No 1876 and rushed to the
| track, which is about 20 rods from his
house. to stop the train. He says ne
did not reach the track so that the en-
gineer could see him, but he thought
| the fireman saw him.
| Mr.. Avery was on the north or west
| sid. of the track, on the opposite side
from the engineer. and unless he went
on to the track the engineer Of course
did not see him.
| 1t is about 1000 feet from the crossing
where Mr.. Avery says the fireman saw
him. to where the freight cars were
Iupon the main line. and around sharp
curve If the train was running 60 miles
an hour, as we think it was. il was
running 81 feet in 4 second. and it re-
oured only % seconds for the train
to run from the crossing where Mr.
Avery thinks he signalled it, until it
struck the obstruction on the track.
Therefore if the fireman saw him. as
Mr. Avery thinks he did. knew what
the signal which Mr.. Avery undertook
to give by his manner meant, and COM
municated the information to the en-
gineer there was not time to materi-