Los Angeles herald., 1907-03-28
WRECK INQUEST
ENDS IN VERDICT
PLACING BLAME
Employees and Rail-
way Scored
Coroner and Attorneys Engage In
Wrangle and Several Witnesses
of Importance Are Not
Called

Ne'SS fNlN wv
Called
"Traumatsm in the train wreck on the
Santa Fe across the Los Angeles river,
involving trains No. and the third
section of No. 49, not through an act Of
Providence, but through carelessness of
the engineer and conductor in charge Of
train No, 2, who disObeyed orders, and
also through the neglect of The railroad
company in failing to install a proper
block system to prevent such collisions.
The law was violated by this train
running faster than the speed limit, and
the railroad company and not the EN-
ployes are blamable for this"
After considerable sharp fitting be-
tween Coroner Lanterman, District At
torney McComas and Frank w. Allen
der, attorney for Conductor Homble,
and lie Compile Davis, attorney for En-
gineer Kelly, the inquest over the
bodies of those killed in the Santa Fe
wreck Saturday night was concluded
yesterday at Bresees' undertaking
parlors
Attorneys in a Wrangle
Many comments were passed on the
way in which the investigation was
conducted. The examinations were
carried on in a most perfunctory man
ner and many of the leading witnesses
were not put on the stand. Questions
put by the attorneys for the trainmen
were almost ignored or were not an
swered, and later in the proceedings the
attorneys and officials had quite dis
cCssion as to who was who.
George w. Jones, telegraph operator;
Frederick Monroe, train dispatcher;
George b. Hutchinson, general yard
master; William H. Paul. locomotive
fireman, and w. r. Allen, brakeman,
employees of the Santa Fe, were inter-
rogated by Coroner Lanterman and
Deputy District Attorney McComas.
PAUL., the fireman, testified that he
read the dispatch order aloud to his
engineer, r. w. Kelly, shortly after
starting with train No. 2 on that fatal
Saturday night. About three minutes
before the collision he asked Engineer
Kelly if the road was clear and he re-
ceived the high BALI signal from him,
meaning that everything was clear.
Statements Ruled Out
Frank w. Allender, attorney for Con-
ductor Homble, attempted to introduce
before the jury a list of typewriter
statements, according to the orders of
Coroner Lanterman the day before But
District Attorney McComas ruled them
out of order and they were completely
squelched. Also LIE Compile Davis, at
torney for Engineer Kelly, had sharp
tilts with the coroner and Deputy Dis
trict Attorney McComas.
Coroner Lanterman called on Conduc-
tor Ffomble to testify, but his attorney
would not allow his to do so, and En-
gineer Kelly received he same advice
from his attorney. The attorneys OBJ
jected to what they class as one-sided
or star chamber proceedings, but Mr..
McComas denied the soft impeachment.
Coroner Lanterman closed the fitting
by stating that all were excused ex-
cepting the jury, at which the crowd
dispersed, although many fingered
around the establishment, waiting for
the verdict, which was made known
one hour and half later. 1t was dur
ing this closed session that the greatest
commotion was indulged in, scraps of
the arguments being heard on the out
side.
Schwamm objects
There was intense dissatisfaction
among the jurymen and the verdict
that was first drawn up was far from
meeting the approval of the jury. An
thony Schwam, fire commissioner, who
served on the jury, emphatically OBJ
iected to what he styled a cut-and-
dried verdict. C. M. Sage, the coroner's
clerk. had written the verdict as fol-
lows:
I'VE find that Judd c. Gail ct al.
come to their death by being mangled
in the wreck of trains No. 2 and the
third section of No. 43, special, of the
Santa Fe, at Downey avenue bridge,
through the carelessness of the engineer
and conductor in charge of train No. 2
in disobeying orders.
I'VE hereby recommend that all rail-
way companies entering the city of Los
Angeles be compelled to install block
systems and other safeguards for the
prevention of wrecks and for the safety
of the public"
Mr.. Schwam was prevailed upon to
write a verdict, which he proceeded to
do in his characteristic fashion and
which caused some commotion among
the men present when it was read. Mr..
SchWam did not mince matters, and he
stated that politicians controlling the
state legislature had so arranged the
laws of the state that the coroner was
allowed to give the various corporations
almost complete control of the inquests,
not allowing examinations favoring the
victims or others involved in the inves-
legations.
Coroner Objects
When this verdict was read Coroner
Lanterman registered loud complaint
and took one of the pages and thrust
it into his pocket in no gentle fashion.
The discussion became general and for
a few moments the loud voices of the
six men, good and true" and the
other officials were heard expressing
their opinions for and against such a
verdict Following this the verdict was
written and signed by the jurymen.
During the proceedings of the day an
attempt was made to shift at least part
of the blame onto the Santa Fe and not
entirely upon Conductor Homble and
Engineer Kelly, who are charged with
n,anslaughter. 1t was indicated that
tower No. / was only used for freight
trains; that passenger trains always
stopped near where the collision occur
red; that the overland was sent out on
a night when it was impossible to as
certain whether the special had been
passed on account of the drizzling rain
and that the time sheets would be pro-
duced showing no stopping point for
tower No /, and also that the conductor
is compelled to take up all the tickets