Year: 1878

explained to us how he found the eros
tie he stated that "while trying TO e.
the Tie out he heard the whistle blow
he left the tie and ran waving hi
handkerchief until he was compelled
to get of for his own personal safety ;
he made this statement standing by tn,
culvert. Here the witness explained
by the use Of the model how the pris
oner said he found the tie.


Brown stated, said the witness, tha,
he found the cross tie with one end un
der one rail and the other end over tht
other. A Mr. Clyde from New York
and a Mr.. Foster from Baltimore were
standing near by. As the passenger,
were gathering. suggested that We all
20 to the station house. Brown as he
walked up reiterated his statement tc
these two gentlemen named above. H.
remained with me until Mr.. Lsgg took
him into custody. Brown gave as his
reason for being there that "he had
been in Chester all the afternoon and
that he started to walk home in the ev
ening along the turnpike. Whils
trudging along he was overtaken by O
man in wsgon who asked him if HI
wanted TO ride. He got in and rode
with him until they came down to the
road about dozen rods above Clay.
mont station. As the man went of in,
to the country he got out and walked
towards Clavmont. Meeting some one
on the road he asked the time the next
train left for Wilmington. The man
told him it was 1l.30. As he found he
had 50 much time OF, his hands he
thought no would walk down as far a.
Hollyoak. Going down on the south
bound track he found this cross tie"


The witness stated that he saw no
body near Claymont when he got of a,
the station, and it was between five and
six minuts before the express went by.
wen extm0rning tosee what had been
done with the tie and found that it had
been taken to Wilmington;bu but the wreck
was still there. On the night of the
wreck | saw one car turned over on the
eastern track, the express had left tht
rails and also the baggage and express
cars, the eugine had buried itself in the
bank and the tender had been thrown
off the engine and was up side down
George Babes was cut in the head and
cut otherwise and completely disem
boweled, when we found him he was OF
the right side, free from the wreck, and
in the ditch half way between the en-
CINE and teuder | noticed A short
distance from whore the engine had
jumped the track the indentation of th,
| fanges of the wheels upon the crosstles
This was about thirty feet below the
culvert.


| Cross examined: | don't know
whether Brown spoke first upon the
question Of how he found the cross tie
or not, but | remem ber asking how ht
came to be there. lie made the state
ment unhesitatngly. AT the station
he went over the same statement that
he did at the culvert; | never told hin
he was under arrest; and ! merely sug
gested to him to 60 to the station house
as the passengers were gathering
around.


Cornelius l.. Cook, sworn:-I was a
passenger on the ill-iated train; was
in the smoking car with some dozen
others. After passing CIaymont rem.
member feeling slight jar, as though
breaks were being put down. and al.
most Immediately felt the shock.
got out OF the train and found the part
of it very much wrecked, as he most
OF it had been thrown from the track
There was one express car on its
side, the others were thrown from the
track; saw the fireman aud the .ngi-
neer, and the two men who had evi.
IDENTIFY been stealing ride; there were
two passengers hurt, gentleman from
New Orleans had his arm badly bruised,
while was rendered lame at the time;
the engineer was lying between the To-
comotiv- and tender, badly crushed
and completely disemboweled; when
first saw him there were several around
him; don't know who first discov red
him; was close by his side when he
was removed; was on the bank and
he was in the ditch.


At six o'clock the Court adjourned
until ten o'clock tomorrow morning.