Evening journal., 1911-11-22
PLACE BLAME
FOR DAM BREAK
COrOner'S Jury Holds Officers
Of BayIeSS Mill Guilty Of
Negligence
MR.. HATTON GIVES
TESTIMONY In CASE

COUDERSPORT, Pa, Nov. 22.-The
Austin dam disaster of September 80
was due to gross negligence on the
part of George C. Bayless. president,
and Fred n Hamlin, superintendent
I of the Bayless Pulp and Paper Com
pany, according to the unanimous ver-
dict of the Coroner's jury after three
hours deliberation over the tesu-
mony taken at the inquest, which con-
cluded yesterday with the testimony of
T. c. Hatton. of Wilmington, Del, the
designing and constructing engineer Of
tn dam.
Easlier in the day Hamlin and
Michael c. Bailey. an employe in
charge of the dam, we're arraigned be-
lore Justice of the Peace W. W.
Thompson on charge of manslaugh-
ter upon a warrant sworn to by John
Glaspy. husband of Eva Glaspy, a VIC
tim of the flood, and J. f. Swartwood,
husband of Julia A. Swartwood, all
other victim. A warrant for Bayless
has also been issued on the same
charge, but as his home is in Bing-
hamton, n. Y, he is not expected to
appear until later. All we're represent
ed by counsel.
The district attorney represented the
Commonwealth at this hearing, which
was not completed last night The Case
was resumed today
Only the fact of the disaster and
deaths and the condition of the dam
was established at yesterdays hear
ing and the adjournment was taken al
the request of the Commonwealth that
other witnesses might be summoned.
Mr. Hatton was the only witness nj
the inquest yesterday. He said he had
been an engineer since 1873 and this
was the largest concrete dam he had
constructed and he felt proud of it. HC
said Mr.. Bayless was anxious to keel
down the cost of il. at the same time
insuring safety. While Bayless object
ed to cut-offs, because of the cost, thel
were finally put in at the insistenc'
of the witness.
At a previous hearing Prof. Franz
p McKibbin, of the engineering depart
ment of Lehigh University and Alfrel
ID. Finn, of the Bureau of Water Sup
ply of New York city. as experts fol
the Commonwealth, who made a mum
Der Of inspections of the dam, testifie,
that they could find no trace of cut
offs
Mr. Hatton designed the dam to b
Al feet high, which he said would b
safe with all the water il would hold
Bayless wanted to raise It two fee
Y later, and Hatton submitted CORES
fondence between him and Bayless I
Saw the controversy in which he be
came involved with Bayless. He sui
sequently severed his relations.
To the question. "Why did the dar
go out?' he said, Water got under i
/ and / think the stone under IL slid
bored down eight and ten feet anC
while ! knew it was a shale founda
tion, went down far enough so that
thought il was safe. II was dry, so dr.
! had to use water to dampen m
drills"
Mr.. Hatton expressed surprise ths
the water worked its way under tn
foundation and Wrenched the struC
ture. Just how it was done he coul
not say, and he did not think any othC
engineer could. He said the gatewa
IS put in was not according to his pla
and he regarded it as useless, but NJ
Bayless afterward had this defect rem
edied. After the dam moved in 19l
Hatton could not tell how much
would safely hold and. in his opinio
no other engineer could.
Mr. Hatton said he considered it q
act of gross negligence to allow ii
i. water to run over the spillway of Il
dam any time after it moved, and th
he regarded the dams moving as sI
cient notice to the Bayless company
fte dangerous condition