Killed By Negligence

The Argus list week ehronicled the deuth of ï. C. Wil son, a fireinan on the Aun Albor road, who was niaking his first trip, near Einory. On ïhursday night of last week another accident occurred on the Ann Arbor road near Emory by which' Clarence Swinefnrth, who was also anaking his first trip on the road, was killed. He was thirty years of age and his parents live at Peublo, Colorado. Theparticulars of the accident are detailed in the testimony, at the inquest held by Coroner Clark, whieh is given below. The jury consisted of W. G. Snow, Moses Seabolt, M. Richmond, D. C. Fall, C. Overbeck and John C. Bur'ns. After viewing the remains, Dr. W. A. Mac Gregor testified to making the post mortem examination. The lelt hip was badly bruised. There was a compound fracture of the femur in both sides. He saw the remains at Emory. Swinefurth died from the shock combined with exposure in his injured condition. He might have had a chance for recovery could he have been extricated from the wreek at once. J. C. Ilawes, locomotive engineer on 2io. 36, testifled that his engine was backing south from Hamburg, where it had been to get water, leaving its train at Emory, according to general orders. It was half an hour after midnight and was snowing and blowing hard. He saw the light of Train 15 coming, when his fireman called his attention to it. He gave no whistle and heard no whistle from the otber train. His engine was then about 110 f eet from the train. He did not reverse his engine. He shut off steam and applied brake. There was no time to whistle. He was going ten or twelve miles an hour; had been an engineer on the Aan Arbor road since March 11; had been an engineer two and a half years. They were forty minutes gettrag Swinefurth out of the wreek and he lived fifteen minutes after tbat. Eli Stratton, fireman on No. 36 coroborated Hawes and testifled that heir train had been left at Emory on he siding, where in clear weather a rain following could have seen it. He aw the light of the train coming to. wards them 100 or 125 feet distant. Ve were backing at the rate of eight r ten miles an hour. it was imposible to reverse the locomotive. A red ight was placed in front of the tender when they left Hamburg. James Highby, conductor on Train 15, testified to hearing the order to stop at Emory. The reason they did not stop was because they could not stop the train. He saw no train on , he side track. They had no right to pass Etnory uutil they had learned hat the other train had left. He told he engineer at Ann Arbor that they ïad orders to stop at Emory until Engine 36 took its train from Emory. He ïad been a conductor on the road for eight days. J. Anderson, the engiueer on engine 28, train 15, was injured in the wreek so that his testimony had to be taken at Walker's boarding house. He testifled that the accident happened about ihree miles above Emory. We had a jeavy train with a pusher behind to get over the hill. We had to stop and jlow up for steam and fill the tank with water which delayed us half an liour. We had an order that Engine 36 would run from Emory to Hamburg extra and return with the right of the track against train 15. Wheu we came up the hill to the station at Eniory, it was snowing and blowing very hard and the right steam chest was leaking steam very badly, so that it was almost impossible to see. We carried no lights when we blowed for the station and we saw nothing but cars standing there, no engine being there, so the fireman and myself remarked that train 13 had gone. As our steam was very low, it was necessary to stop working steam as soon as possible, to get stearn enough to work the mjector. I shut off steam a short way beyond the station as it was down liill, and we tried to put our pump at work. We had run about three miles from Emory and were trying to start the pump when Fireman Swinefurth said ''Look out, there is a red light ahead." It was about four carlengths ahead, when we saw it. At this time the two engines collided. The fireman was caught in the gang way on the right side betweei the cab and tank. We had to saw away the cab and it was forty minutes before we got Mm out. He was stil alive and rationa] and lived about twenty-tive minutes. Locomotivo 36 was backing down from Whitmore Lake when she struck us at the rate of l'our miles an hour and we were going about five miles an hour. ïhis was the first trip of the Bremas. He told me he was from Chicago and livei there. As the collision carne I at tempted to get through the cab win dow and was thrown back inside. Henry G. Cooley, brakeman on train 15, testifiedthat he knew nothing abou the order to stop at Emory. He wa on top of the train when they passed Emory and saw a lot of cars on th side track. It was snowing hard and the wind was strong. No whistle wa blown at Emory. He had no orde from the conductor. He had worked on the Ann Arbor road for three weeks. Fred Ham, brakeman on train 15, was in the caboose. He heard no whistle at Emory; saw cars on the side track as they passed. Had read the orders at Aun Arbor to stop at Emory. He had worked for eight weeks on the road. He tried to stop the train at Emory because they had orders to do so, but the engineer kept on steani and they went ahead. When the collision occurred the train was going five or six miles an hour. The verdict of the coroner's jury was "ïhat the' said Clarence Swinefurtlu came to his death through the negligence of one J. Anderson, an engineer on the T. A. A. & N. M. R. B., ou the morning of April 21, 1893, at about three miles noith of Emory Staííon."