The daily morning journal and courier., 1907-05-28
MURPHY ACTED
 AGAINST RULES Text of Coroner's Finding Holding Him Criminally
 Responsible.
FLAGMAN DID HIS DUTY
Conductor Twice Signalled Car to Stop but Was
 Disobeyed.

Motorman John J. Murphy of the trolley car struck by the Northampton division passenger train at the Shelton avenue crossing last Thursday night is held by Coroner Mix in his finding in the accident "criminally responsible for the death of Frederick Behler.' Murphy, who has been held under cor oner's bonds of $2,5oO since the collision will be re-arrested on a warrant charg ing him with manslaughter, which will be issued by City Attorney Simpson. Coroner Mix yesterday returned from New York and filed his review of the evidence and finding with the city att torney.
 The review of the investigation into rhe accident details the occurrence of the collision of Thursday evening as testified by the witnesses who have been examined. The findings says in part in regard to the facts of the case:
 "The car was what is known as a long closed vestibuled ear and in the front vestibule was the motorman, who was running the car, one John J. Murphy, the conductor of the car be- ing William B. Conlan. The instruc- tions given by the Consolidated Rail way company to it's employees and the printed rules of the company to It's em- ployes require that motormen ap- preaching railroad crossing over which their car runs shall bring the car to full stop allowing the conduc- tor to get off the car and, observing the condition of the track, whether clear or not, to signal to the motor- man whether to proceed or not over the crossing. As the car approached said crossing the conductor, observing that the motorman did not bring the car to stop rang one bell for him to stop and upon his not doing so rang two bells, indicating that he wanted him to come to sudden stop. Said motor- man did not obey either of these sig nals but continued running his car and ran it upon said. railroad crossing. Just about this time a passenger train of the New York, New Haven and Hart ford railroad, coming from Shelburne Falls, on the Northampton division of said company, was approaching said crossing going towards the railroad station at New Haven when 1t struck said trolley car which ran upon the track of said company, turning it com-i pletely around and wrecking the same. Warning of approach of said passenger. train was given by the fireman in the cab ringing the bell on the engine con- tinuously from the time he arrived within the city limits and as he ap- preached said crossing; also there was located at said crossing an electric bell signal which rang continuously as the train approached said crossing. On ac- count of certain red signal lights which were seen by the engineer some dis tance from the Shelton avenue cross ing he was running his train at a slow rate of speed"
 After more details of the collision the coroner announces his finding in these words:
 Said motorman was familiar with the rules of the company, requiring him to bring his car to stop before attempting to cross a railroad crossing and had been instructed so to do. He also observed the flagman out upon the crossing and waving his lantern but he did not bring his car to a stop.
 q find that Frederick Behler's death was caused by internal injuries re- eelved during the collision as herein detailed; that said collision was caused by the careless and negligent act of said John J. Murphy and that said John J. Murphy is criminally respon- sible for the death of said Frederick Behler.
 ''In compliance with the statute have filed with the clerk of the superior court for New Haven county, a report of the inquest together with the evil dence taken thereat and report of the autopsy.
 Dated at New Haven, Conn, the 27th day of May, 1907,
 FELL MIX,
 Coroner, New Haven county.