Year: 1869




train was on arrived at the scene OF the acci-
dent the track was spiked up, but not finished;
after l arrived | had five ties taken out out
place OF the broken rail and the cattle pass
distance OF 500 feet and replaced them with new
ones; those took out we left on the bank that
night ana next day they were piled up alongside
that cattle pass, with the exception OF which
,h es mere ,n SIN, .nlnS; PRIOR TO- the taking out OF
tack; am certain there were old ties lying along
ihis 300 1eet; the trst Tie took out was forty
west end OF the RAIL- in the next twenty -four feet
east tnere were two more ties put in the other two
me cattle pass there were no lies broken west of
1oriy-nine feet east OF the point at which
the the rail, rail was broken; do not think
est at The point where the rail gave way;
the Ties did take out were decayed some but they
were not rotten tes they were bruised and torn
from the wheels OF the truck running them;
Ole OF the chairs OF tins 800 feet replaced on the
sixth JOINT east from the west end OF the broken ral
tnere were no other chairs replaced there that
Know of; after arrived and up to SIX O'Clock that
evening would have known 1t If they had been re-
placed; think was there when the jury viewed
the place: l measured the space occupied by the
broken rail: the distance was twentyfOur foot ral;
ness here measured the other pieces with his tapel


10 Juror-The curve in the rail might make a
difference.


TO the District Attorney find the distance of the
three longest pieces tweny-three feet eight inches:
the length OF the smallest piece is five inches If the
pieces measured were close together they were
originally 1t might make half an inch difference;
tWeny-0ur loot rails vary sometimes: they some
lines vary quarter and haf an inch il is an I'M
frequent 0ccurrene for you 10 get them to vary an
inch or two: they might vary some.


Juror is II not 4 common occurrence for twenty
FOUR loot rails to VARY slightly A. Yes 1t Is com
mon thing


To the District Aitoruey-i am not able TO say how
much they vary: they vary IN length sometimes;
sometimes you VIII find rail an fnch longer and
sometimes half an inch; measured the space at the
request OF and in the presence of the Jury, ana
found 1t twentyfour feet; examined the chair at





do not think this Is the one.


q. Con,d you tell the chair If you saw it? A.
Well. think could. tAnother chair pr0ducedl Yes
think that Is the char that came on the west end OF
the broken rai that lndentation there was probably
done when ii was broken; swear that.is the char
was there and helped to take it out: the 22O tram
that came down on passed over that chair know
there was char Oh the tie at the time OF t'e acci-
dent: the chair was there when got there and ]
was told it was not taken on; II was taken on yes
terday.


Mr.. o'Donnel foreman OF the i1ry)-Why was
that chair taken or Yesterday, or by whose order or
authority A. Mr.. Baton ordered 1t to be taken OF
and brought here in laying the iron an eighth 10
quarter of inch expansion is allowed between the
ends of the rails: in my experience after rails have
been LAID some time nave seen one inch space be-
tween them; 1t is not my duty to walk the whole
track to see everything Is in order: we have section
men to do that; Thomas Cassidy was the man
whose duty 1t was 10 walk this section where
the accident occurred; | do not know that
he walked up that day: he told me he did the day
belore section OF SIX men went over The track
that day; would not consider it safe with space OF
Tour inches between The rails or where spikes were
pulled out with the fingers: where the spikes were
cut ON The inside OF n track distance OF five ties
would not consider il safe; as railroad man have
an experience OF thirty years: have always been
LAYING track this fiveinc9 piece OF broken rail is
split; the safety of it would depend on how wide it
was split: II II was In broken chair il would not be
safe; think the end OF the small piece has the
appearance OF fresh break, and also that the
bot,om ! can't account FOR an incislon like
this IN rail Of that kind lying in chair
The side piece ! would not consider sale,
because II Is an Old break: could not say whether
ths piece came Off the end OF that rail; there has
Deen no report made 10 me recently as TO the con-
dlton o that section: there has been report made
TO me since have been here; the section Is about
nve miles: can't tell what repairs had been put
within the last year: three loads OF IRON were put in
this winter: there mas been mile or two o. new
iron put IN different places where it needed; IL
has been put between Hyde Park and Queens, aud
some at this side of Queens there were 100 rails put
this side OF queens this winter: could not tell how
many ties Were put IN; not the road then;
the material was furnished before | came
here: there are 400 or 500 new ties and
$50 new rails lying alongside that five miles
now; gang of six men In day. IA a gen.
eral thing. would lay fifty or seventy-ive ties
when the road Is running; pronlscuously they could
put In thirty or forty: gang Of SIX men would lay
about thirty rails IN . day: know nothing about 1t
only since the 1st OF April; that time about
$50 days work has been done on that sectiOn there
have been SIX men on that section: assistant
roadmaster on the eastern end before ! got to be
roadmaster: have seen Claus Frederick every day
since the lst Of April: he did not make any demand
on me for new iron: he did not demand new ties
from me until after the accident: he ordered some
chairs one day and I gave them TO him: since
the accident furnished him 400 ties and 100 rails;
were running materials along the line the day the
accident occurred, intended for that section and
others; the ties taken out there were fairties;


o 90 'e a Se
were those taken out; the ties east Of that place
are very far; there is one gang whose business 1t
dent are as good, aud, II anything, better than
those taken Out I do not know the man whose
duty II was to walk that section; had been of for
"a number OF days.


BY Juror-Do you know Of your own knowledge
that Claus fredercks, with his gang Of men went
over the road every dayr A. can't tell; know
some OF these men went over II every day; saw
them on that section up near Hyde Park the day be-


z. When was the last time you know OF your own
knowledge they went oyerY A. Well, week pre-
vious 10 the accident walked over this place with
Claus fredericks for the purpose Of examination.


BY Juror-Did you not tell me Friday that
You mad not been over the road for two weekst A.
No: one week, said.


Another Juror-TwO weeks you said, for was bye
when you SAID So A. Well, is one week; after the
accident the superintendent told me to clear the
track ! did and had the stun taken 10 Hunters
Point did not take any OF the iron down there.


10 Juror do not know 4 there i any particular
record Of the condition Of the track kept; report
whenever anything Is wrong: | don't know that I
have made any feport latey the track from here To
Queens is fair now: have had no conversation with
the officers OF the company IN regard TO my testi-
mony.


t. the District Attorney-I have an assistant now,


recess for an hour was here taken for dinner.


After Recess.


NJ. Oliver CharcS, President OF the Long Island
Railroad, the first witness examined.


TESTIMONY OF OLIVER CHaRLICk.


am President Of the Long Island Railroad COM
pdny; nave ncld that position SIX years. at the time
OF The late accident | think must have been In
Albany have been az the scene OF the accident, and
made personal inspection on Monday last.


q. can YOU state anything as TO the condition OF
things at that timer A. Yes


q. state II YOU know about the condition Of the
track prior 10 the accldent2 A. ! passed over that
section perhaps five times IN separate car within
hFe months; the track on Monday last was lust the
same as III was last winter, except the natural
.Ganges t1at are usually made on the track: walked
down IN company with Mr.. Voorhees,, the General
superintendent Of the New Jersey road: after pass.
ing the spot where the accident occurred walked
TO the culvert and from the culvert quarter of a
mile west oi where the accident occurred: THIS did
On Monday last; ] saw no unsafe section of the
track; think counted seven ties thar were fresber
than the others, quarter OF mile east and a quar-.
ter OF q mile west OF where the accident occur.
red; ] think there were five ties that were