Year: 1877

tIfy the Findings IA Careful Review
of the Case.


To the Editors of the Telegraph:


desire through your paper to invite
those persons who have endorsed that part
of the verdict rendered in the Ashtabula
bridge disaster which relates to the respon-
sibiity for not putting out the fire, to re-
consideration of that finding, and herein
to a careful review of the evidence connect
ed Herewith.


Neither in this invitation, nor in pre-
senting evidence and in commenting there
on, am actuated by any spirit OF contro-
versy, but solely by desire to exhibit,
side by side, the facts and the finding, IN
the hope that thereby the truth and justice
touching this matter will prevail.


According to the solemn, deliberate, con-
solidated judgment of that jury, they find,
as a part of the seventh finding OF their
verdict, to-wit: ''That the responsibility
for not putting out the fire at the time 1t
first made its appearance in the wreck,
rests upon those who were first to arrive at
the scene of the disaster. and who seemed
to have been so overwhelmed by the fear
full calamity that they lost all presence OF
mind. and failed to use the means at hand,
consisting of a steam pump in the pump
ing-house, and the fire engine, Lake Erie,
and its hose, which might have been at
tached to the steam pump in time to save
life"


This is avery important and also very
strange finding; important, in that so
much thereof as relates to the loss OF life,
the responsibility therefor, and the reason
why are put forth with apparent exactness
and certainty; strange, in that this respon-
| sibility is found to rest upon men who, by
| the plain terms Of the finding, were so over
whelmed that ''all presence Of mind was
| lost" and in consequence of this, certain
things were not done.


The open, direct, unequiVocal way IN
which it is expressed is calculated to MS
lead any person not acquainted with the
facts and evidence, and to give such per
son a reasonable right to believe 1t to ne
true, while to any person acquainted Win
the facts and evidence, this directness ano
apparent certainty is a matter OF great sur
prise.


The conclusion as set forth in the first
section of that finding is, in short, thai
those who first arrived at the wreck, by
failure to use certain means when ars
mentioned, are responsible for the loss o.
life.


AS TO the number of persons that thu
iury mean to include in ''those who wer
the first TO arrive" and upon whom the,
| q .Iz. tbRU mnCl
less definite and exact than in the othe
elements of their finding. But since the
mention the fire engine ''Lake Erle" q


one of the means not used, IL will do tn
Jury no injustice, l take it, to presum
that they mean not less number Of per
sons than would have been required to et


fectiyely handle that engine in the dee
snow, that night. As guide to presumin


this number we have from the evidenc


only the testimony of Chief Enginee


knapp. of the Ashtabula fire department


He testified Of this engine: ''lt is large
strong engine; think about forty men ca


work on the brakes at once. She's heavy


but she's strong" will assume that
. would have required not less than twent


men TO handle this engine that nigh


Having thus arranged the subject unde


consideration, now promise and propos


to prove that the jury, in reaching tha
d part of their finding above quoted, SUI
! pressed aud disregarded the material fact
r that the finding is from premises not pro-
g en- but falsely assumed, that it is a fall
!; and not true finding.


Y Before proceeding, however, Twill stai
/ the two following propositions, which e.


ter into this proof on my part, and whlc


I rely upon as being universally admitt'