The New York Herald Newspaper, May 6, 1869, Page 3

THE LONG ISLAND RAILROAD HORROR. Conelusion of the Coro- ner’s Inquisition. Graphic Description of tae Terrible Slaughter. The Condition of the Track Pronounced Bad. VERDICT OF THE JURY. The Railroad Company Held Responsible for the Accident by Neglecting Their Duty in Keeping the Track in Proper Order. Pursuant to adjournment Coroner Hendrickson and the jury empanelled to inquire into the circum- etances touching the deaths of the parties killed re- cently on the Long Island Railroad, near Jamaica, assembied at Remsen’s Hotel, Jamaica, yesterday morning to resume the further prosecution of the in- vestigation. There was a fair attendance of specta- tors and the interest in the proceedings seemed unabated. One of the witnesses, Mr. CO. B. Gruman, who was a passenger on the ill-fated train and nar- rowly escaped with his life, gave a very graphic and touching narrative of the scenes that occurred in the rear car at the time of the calamity, which sent thrills of horror through the breasts of the audience, and caused them to indulge in low murmurs of sympathy for the unfortunate victims who perished on the lamentable occasion. The whole testimony taken yesterday was of an exceedingly interesting cha- racter and will be found in full below, ‘The witnesses were examined, as on the previous occasions, by District Attorney Downing. Mr. Oliver Charlick, accompanied by the superin- tendent of the road, Mr. Barton, entered the room at an early stage of the proceedings and stayed to the close, occasionally indulging in the luxury of a Havana and listening to the testimony with the most perfect sang froid, TESTIMONY OF CHARLES HALLET. I was on the train going east at the uime of the ac- cident; I was bound for Roslyn; my business is moulding and planing business; I was about the centre of the middle car, facing to the west, with both feet on top of the stove;I did not notice whether the train was behind time or not; I was facing to the rearend of the train and I saw an old gentleman jumping up, or springing to his feet; I saw him jump up and put his hand to the back of the seat; I felt the jarring metion of the train about that same instant; it seemed to be a jarring motion and a swaying motion of the car, so much so tnat I had to put my hands on the seat to steady myself; the train came thea to a stop; only saw this old gen- tleman thrown into the middle of the car; I should Judge there were thirty or forty passengers in the carl was in; I knew Mr. Craig that was in the car; there were a great many ladies in that car; I should think the majority were ladies; I presume there was between twenty-seven and thirty in the rear car; I knew from the motion of the train that there Wasa truck off the car I was in; I got off the train and looked at the truck after the accident; I saw the wounded parties coming out of the car; one was @ lady with her face badly cut; saw them coming out of the wrecked car; the lady came out of the door with her face all covered with blood; then I saw two or three men crawling out of the window; as I stood there helping the lady off the platform I heard somebody state there were two or three killed; | then took the iady to Mr. Gilies- pie’s; on coming out of the car first I saw the wrecked car lying flat on the track, with no truck under it; the truck lay off to the rear of it to the northwest side of the north rail; I noticed there people that were dead on the track; noticed Mr, Rushmore and this woman and her son; this lady lay with her body inside the track and her head alongside cf it like; Mr. Rushmore was all rolied up in a ball; the brakeman (Van_ Nostrand) was lying there also; Mr. Shannahan was the next person I saw on pasting on to the west, lying between the tracks; Mr. Shannahan was then alive; he lay with lus head to the north; I stopped and spoke with him a few minutes; he re- coguized me; | asked him if he was real hurt, and he said he could not tell; in getting his head up he did not move the lower part of his body at all, and [ had an idea that he was badly hurt; I should think he lived for three-quarters of an hour; I then stepped from Mr. Shannahan toa woman that was wounded; Ido not know her name, and when I got back to take her name she was out of her head; | next saw Craig lying on the south side of the track: he rust have falien right on the track when he came out of the car; | pulled him down the bank so that he could ije on an inclined plane; I then went into the car aud saw this German lady who was hurt; I thought she was a German; I went from there back ‘kK to discover if possible what caused the ent; 1 saw an infant lying dead that was killed I did uot see the child on the ground, but at 1 ie’s house; I noticed the truck was in good order until 1 passed Mr. Shannahan, when I noticed a section of the truck torn up, With the ties running across—that 1s the two ralis were connected to- gether by the ties, but were both lifted up about two feet; those ratis that were lifted up in this man- ner were not broken at these rails were all per- fect after the accident; this w not directly at the spot where the sccldent occarred; between this end of the track and where the car had stopped I should judge was very close on 10 feet; the ground between rails was all broken ‘up by the movement of the ties; on going westward further I found the track in perfect condition for about forty feet; there Was no mark on the track ame to where these rails were disturbed onthe track I saw these broken rails aline with the other tra and | said the id not run off the track at the place where the was; there was no mark at all taere; I noticed it as very strange because the car did not run of the track at that point at all; 1 was there only a few Moments on the track. «. How cau you account for there being no mark of & plunge or wheel during the distance of this forty feet beyond where Shannanan lay? A. I wanted to find out how the accident had occurred, and not how the train ran off at that point; | noticed that the king Bolt of the forward truck was bent in a curved form, and the king bolt of the truck was broken orward track or car Was lying on was from ¢ twelve inche anything unnsual abo ruck being different i : mained there Ul about half-past two tn the aiter- noon; I was there when they repaired it; toid them not to disturb anything unt’! the proper authorities Caine toexamine it; from the tine Leaw the acc dent until I saw the track was about (Ifteen minutes To Mr. O’Donnell—From the wrecked car to the place where the track Was displaced Was about 100 feet; from that to where the broken rail was was from thirty to forty feet; oue or two of the pieces ot the broken ratl were lying down between tue ties, but all pomeng in the direction; they might have been six or eight inches below the level of the track; Lexamined the pieces and could see that the cars had run on them atter they bai been broken; tis Piaiu to be seen where the track struck them after they were broken; I was sitting oa the south side of the car; we felt a,thump before this swaying motion of the car; I suppose it was te Toad hands that replaced the displaced truck, for they came up from the west with tes and other things to x the track; I think three loads of wood came up; T could not say positively as vo that; | am certain that the dead bodies had been removed be- fore they commenced to fix the track; tue track was mostly fixed before the dead bodies were taken away ordinary truck from there; it was fixed about an hour and a haif the accident; I think it was Mr. Thompson replaced the broken rati; Mr, Thompson came up with a gang of men; I noticed. the ends of the iron; | noticed the ties and pronounced them as sound as they ordinarily are in @ raflyoad (the sinall piece of broken rail shown witness); I could not be positive about seeing tis; I pronounce that Pantie f would not cousider this broken end a pound end. To the District Attorney—The trucks locked t her & this point where the ralis ify, in tae position I ve desoriped. At this point it was found that one juryman had Jeft the room and the officer was sent down to the barroom to tunt him oe ‘The Sherif, Mr. Hendrick. gon, was in the room duriug the proceedings, and ‘was, therefore, to blame for allowing the delinanent juryman to escape. fe was, however, soon found and conducted to Ms seat, when the proceedings again went on. TRSTIMONY OF WILLIAM 8. BENNET. Reside in the town of Jamaica; am a farmer; was at the scene of the accident sortly after it happened. Q. What was the condition of the track the day Of the accident? A. Well, it was in poor condition; ‘would not consider It safe. @ Did you examine it? A. Yes; immediate! east and West of where the accident occurred should not consider it safe; from Willow Tree to the Cattic Bridge the chairs wer@ pretty much the same asthe broken chair produted here; they were the fame as that the tine of the accident; but they have ut down some new iron since; the chair ,hat was tit on the track after the track Was relaid had no actures or bruises on it lice Uiis; at the tne of the it I did not cularly notice tne chair e accident parti 4 ete See ee gee ke al ew was rol r was 1 did not examine that portion very wast ‘articularly; from the broken rail I saw an indent- Tre in the tie for some distance; it continued from where the broken rail was to where the track Was displaced; the ties that were taken out were consid- erably decayed; I should think they would not hoid aspike; one or two of them in particular were very ; you could run a knife into them. TESTIMONY OF CARMI B, GRUMAN, Reside at Glen Cove; am in the house furnishing business there; my wife and | were in the rear car at the time of this accident; I think the second or third seat from the front, onthe left hand side; I think there was a closet in front of us; there was no one in front of us; there was only one lady aang immediately back of us on the same side; took the cars at Hunter’s Point; I know the train was very nearly on time; it might have been a few minutes late; we came as far as Jamaica about the usual rate of speed, and my wife made the ob- servation to me, ‘It is just ten minutes past eleven by the town clock of Jamaica;” after leaving Ja- maica the rate of speed was somewhat increased as we progressed; we had ridden about five minutes from Jamaica when I felt a jolt; I was sittlng, I think, directly over the forward truck, and at the tume of this jolt there seemed to be a jingling jolt. itself did not seem to be jolt; it was more like the reversion of the engine; the jingling sound was & distinct sound, as of a loose piece of iron breaking; that was the first mpression I had that anyt was wrong; immediately after this jolt I perceive we were olf tue track and riding on the ties; the jolt that threw us off was not a heavy jolt, not more a joit that frequently occurs when a train of cars 15 started and then held up suddenly; | said to my wite, “We are off the track,” and I immediate! reached out my hand around her waist and took ho! of the inside of the window where the lattice work runs down; the window was not open; 1 then looked around and saw all the persons in the car jolted up and down; I saw two or three of the children get up upon their seats, but the remainder of the passen- gers kept their seats; there was nothing broken tn the car at this time at all; I should jus it was a full minute before there came @ tremendous crash, and then the car went to pieces, as if lightning had struck it; the bottom part of the car was almost in- stantaneously destroyed; immediately alter this crash I heard no exclamation in the car at all, except that of a child, who cried, “Oh! my motaer! Oh! my mother!’ Ithen looked around again; in the meantime the seat on which I sat gave Way on one end, but still remained fast to the side of the car; the bottom had completely gone from under me; when I looked around | saw the persons pitching down towards the rear end of the car and nothing but flylog bits of timber; they were not bits either; there were Jarge pieces of flooring and timber flying around the car and giass and iron; our end of the car was three feet higher than the front at that time; saw the passengers pitched to the rear end of the car in pds, ues shapes; some of them appeared to be tangled in the timbers and araggings Ishould think we travel- led in that position for a minute more; I thought it ‘was ten minutes then; then something ahead of me seemed to fly past me and tore my grasp away from the side of the window; the car was going slower at this ttme and very soon stopped; when it did stop I was covered up to my chin in this loose material; my wife was covered up entirely; when those aying tmbers broke my hold my wife and 1 tell down on the ground; w# gentleman came in and pulled the timber off- me and assist- ed us both out of the ruins; I could not help myself at the time; I walked yout of the front door of the car then; assisted my ‘wife out and found she was badly cut on the arm; level with the ground; I then helped my wife to a seat on the bank and went back to see if I could assist any one eise; I saw some dead bodies, but did not watt to look at them; went back into the car; think there were four in thecar then; Mr. Mi Was there, sitting with his face towards the rear of the car and heavy tm- bers over his legs; his wife was in the centre of the car; she was lying, and unable to move or moved; the that sat directly back of me | think was in the car then; she held on to me during the accident; there were one or two children who seemed to be Caught in the rubbish; I think they were both alive; I think there were none killed except those over whom the car had rolled; when they went out they looked like straw running through a hay cutter; 1 wasin the car from two to three minutes before I came out again; after speak- ing to my wife on the bank I went re Bere track to see what I had ridden over; | saw the es of the braxeman and two or three I did not know near the rear of car; saw 8 woman there; I aid not see the bave on the track; I saw it half an hour after; next beyond them J saw the body of Mr. Shannahan; he was alive atthe time; 1 saw where the ground was torn up and the rails out of place; the first displacement was a couple of ralis out of place and bent to the soutn- ward, going west from the train; the raiis were not broken there; the tes were up, the ground dug up and the rails displaced; the rails were thrown a littie south; I walked along some distance further and saw a rail broken like thus here; this I suppose is the one; 1b was lying in J pieces, but notin line; the long rail was med to the track. (Small piece of broken ratl shown siete} Fat I never have seen before to-day; I think I shoud ve seen it if it was there that day unless it was covered up in the sand; those pieces were not iu a direct line with the track; they were on the north side, far enough to be outside of the end of the ties; I made up my mind at the time how the accident oc- curred: we were thrown from the track by some- thing, | Know not what, but we rode along a con- siderable distance on the ties; I had plenty of time to consider what to do; 1 made up my mind the side of the car was the safest; I did not apprehend any great danger, but when this tremendous crash came, I supposed it was from the forward truck turning round under the car; we rode further after the crash than we did after the jolt until the crash; before we reached that broken rail we rode on the ties quite a way; 1 saw some indentations of the flange west of this; 1 do not Know how we got oif the track; 1 thought something might have given way under us; I heard the jingling of iron at the first jolt; the car was off the track before it came to this broken rail; we rode far enough if the bell had been pulled in time after the first jolt to scop the train before any furtier accident; I can’t account for the breaking of (Qis rail; the track came whizzing through like a circuiar saw; I did not see any flooring lett in the car but a bie near the front car; but you could not tell with the debris that was piled up about a foot thick. ‘To a juror—The jingling seemed to be under me or ahead of me, between the Noor and the ground we were running on; immediately after this jerk they seemed to be putting oa more steam; after the tre- mendous crash there was a perceptible slowing of the cars; could not tell the position of the turck when s broke through the car; I saw two or three ties where this broken rail was and one of them ap- peared to be in a very linperfect condition; a gen- Ueman came along and hit it with his cane and made a very strong remark about It; it appeared to have been newly taken out of the ground and looked decayed; it Was in the vicinity of the broken rail. To the District Attorney—The tracks went out nearly together; we were nearly two or three feet higher than the back of the car at the time those persons were being torn out of it. ‘Yo a juror—Before I noticed the jolt we were run- ning along as smoothly as usual; | think we were running faster than usudl. A recess for an hour was here taken. BSTIMONY OF THOMAS . Tam in the employ of the Long 1 Ravtroad Company as foreman of secon 2 m Willow Tree to two miles east of Winfleld crossing; me and my gang were the first at the scene of the accident and we fixed the rail; my section 18 about five miles or, may ve, more; am foreman of a gang of five men; it is the next section to me where the accident hap- De 1; from the 10th of March to August of last year I was foreman the section on which the accident oocurre I had ten men on that section; I got to the scene of the acc minutes after twelve o'clock the day t t occurred; an engine came up with Mr. Thompson on that aay; when I came up all the dead lay on the north side of the track except the youngest man of all, who lay on the middie of the track, and I helped to remove him; the chair here produced lay on we end of the broken rail; it was not disturbed except the two spikes were pulied up out of it: we fixed the track with the tie taat Was in it until the mail train going West had passed over it; we had not put in any new ties until after the mail train passed, about twenty minutes after two; the Ue that we put im was a litte mashea on the end; we took it out ater we put everything in order; the first new tie we put in was forty-nine feet east of the wes end of the broken rail; the three preces of rail were in line when | came there; the first tie from the joint was one foot; the length of five rails from that forty-nine feet here the biggest break of the whoie Was, the next tle was put in; I expect there were either five or eight ties put in altogether that day; the trucks lay West and the broken car west of where we put im_ these new ties; I put no new chairs in that day; the foreman then took charge of it and went on my own section; there was one joint that had no chair in it; i was on the seventh joint from the broken rail; that is the only place there was no chair; 1 was not over the track from the Ist of Oy > tb til the 16tu of Maren; it was not on my route; I noticed where the eads of two rails were thrown’ a little south; they were not separated at all; all uu would have to do would be to pull the two bare they would come into line; all roads are not laid alike; took particu- lar notice of the chatrat the western extremity of the broken rail; that chair was all right; it was on the joint; this is the chair here; the chairs all aiong the whole road are Well mixed; they are not the one sort. A Mr. O'Donnell—I can identify this chair; the ratis of some of them Were bent or turned back, but when you would come to line them up they would line Ld right enough; this was a twenty-four foot rail; sometimes they vary about @ quarter of an inch} ona hot you Will find them a good deal longer than a cold day; last July that track was as good as the general run of tracka in the country; I don't know the condition of the track after that; at that time T was in the habit of examiming the track every day; there was nota det ve rail on it in July, nO more than any common old road through- out the country: time there was not what I cail a defective ‘hat half mule; there was not a bad rail or a us oF Bcabby ral To the District Attorney—A chestnut tie ought to last six or seven years; if you pulled one spike and there were three in chair 1 would not sensitive hat ipso oes as ratlroading; a m since 1856: west of this broken rail! aid not remark any indentations. ‘To Mr. O'Ponneli—When you see a bad rail the track ut of repair and you ought to put one in; When a joint is biovkel for five or six winters you may find the spikes a little loose;,if a rail has two inches if it was well “would not consider it est was 7 material to re- that _ traci too much 3 4 E z em pot only two chen mrey man got charge of section after me; a Dutch- man, named Claus Fredericks, had charge of it the time of the accident; I applied to the ter for materials; 1 was Fenponsinle if the track was not 3 (the 8% broken pee of rail shown witness) if an end of a rail was Jike this I would not like it; I would put one into it; I have seen engines going over lor distances of rail as bad as that. TESTIMONY OF THOMAS WHEELER, Reside near Willow Tree station; Willow Tree sta- tion is about 500 or 600 yardg of the scene of the ac- cident; my house is hth of a mile to the south of the’ accident; I was in the village on the 23d of April, the day of the accident; I crosyed the railroad at Willow Tree station in my wagon and saw the Cars on the road east at a stand ; | went there; f went to the accident two or three minutes after the ; Lapproached it from the west; I fhe track as 1 came along and saw rail; that was the first I saw; the rail and track to the west of the break were apparently uninjured; the east end of the rall west of the break was appar- ony unhurt, and rested tn a chair; the chair i no- th was of the whole pattern produced here; the break I judged to be about five feet from the gap; the piece broken out crossed one te, and where it was taken was rightin the centre of another th it occurred to me as very strange that a breg should occur in a rail in the centre ofa chair; I looked at nothing particularly except that gap; I saw tothe right about a foot or two of rafl that grants came out of the long piece; the littie piece did not notice at all; I noticed the ties and thought they were good, substantial ties; saw no bad ties there; I thought they were excellent ties; I wondered at the raiis brea! there with so complete ties; I think the long end of the broken rail was undisturbed from the ties and lay in its original position on the track; 1 know the pressure outwards of the truck to the north did not occur until some distance east; I think the ties were in the position in which they were placed in the road; I did not notice to see if there were any marks in the tles; the north side of the truck pressed out to the north; lam only giving my impressions as I passed over the track on that day; since that time I have seen indentations west of where the broken rait was; I have felt very safe on the track for the ast year from Willow Tree to Jamaica; I considered the track in good condition—a very good condition to what we have had it before; I consider it in good condition, independent of any comparison; have travelled over it for sixteen years and consider it tn as good condi- tion as any other road [ have travelled on. . TESTIMONY OF JAMES J. SHIPMAN. 1am not in the employ of the railroad company at present; am civil engineer by profession; am tn that occupation about thirty-five years; examined the road on the Monday succeeding tne accident; have been in the habit of passing over the road four or five times @ week for the last twelve years; have ed over the road four or five miles at a time for he last seven years; my specialty is a civil engineer and -have been engaged in eXamining railroads; 1 passed over the road on Monday, about half a mile from where the accident occurred, up to Jamaica; found the rail in good line, the surface smooth and the joint ties all solid; I noticed ten or twelve new tes, which appeared to be recently put on the track; there were some four or five new ties in the imme- diate vicinity of where the accident occurred, but the rest were distributed between there and here; I noticed only five out of 6,000 whtch I thought were defective; I considered the track to be in good order; I think the whole road was in better order than it has been at any time for six years previous to this day; I know — from personal observation that large amounts of new material have been put into the road for the last five years; Ihave nad frequent orders for land surveys Which required me to pass over the road sume times five miles at a time; I am not an expert, but have been in the habit of comparing ditferent pieces of iron; I examined the pieces produced here recently; Ido not see why that rail {3 notas strong and as good a rail a8 any rail on the Long Island road; Ido not think this small piece here produced was ever any part of that raul; 11 appears to be an entirely different kina of iron, in the first place, and in the second it is an inch too long for that rail; I know by the fracture it is a different piece of iron; my Judgment in reference to its quality, so far as the fracture is concerned, is based on its appearance; with a peer I think, you could tell the ditfer- ence in density; [ have only examined it with the naked eye; dealers in the article, I suppose, could tell very readily; the die is dissimilar; I think tnis small piece never went iiben fe the same roller as the larger one; I think these tree pieces were never united; in 10,000 rails there would not be a sixteenth of an inch difference in length; they are all cut when they are hot so that when they cool they will be of the same ilength—twenty- four, twenty-one or eighteen feet, as they may be meant to be; these rails here are all rolled; there are none of them cast. (The witness here went on to state the process by which railroad iron was made.) He was further examimed at Breet length by one of the jury touching his Knowledge of iron, but his answers ‘were substantially in con- formity with his previous testimony. He stated in dition, however, that under the magnifying in- strument the fracture on the larger piece of rail and that on the smaller Teal, weep similar, To Mr. O’Ponnell—hat small piece of fractured ratl is Guest, Lewis & Co.'s brand; they are iron masters in Wales, England; this large ratl is English iron; I can’t say from my own knowledge that the small plece is English iron; the bottom of the small teat looks as if tt nad been oiled; a chemist can tell yy analysis whether these two ever composed the one piece, (He was here asked to put Guest's device on a slip of paper, and he put it down as “G, & L.’) A SCENE ALL ROUND. A discussion here arose between tne Coroner, the District Attorney and the jury a3 to whether the ia- quiry should be further adjourned or not. Mr. O'Donnell and Mr. Hagner, on behalf of the jury, protested against any adjournment, and said the majority of the jury were in favor of going on and finishing up the matter. Atter a good deal of argu- ment, po and con, the Coroner, at the request of the jury, allowed them fifteen minutes for consulta- tion. * The room was then cleared of all but the jury, atthe expiration of the allotted time, the Core ain entered and took nia seat, asking the jury what resolution they had come to. Mr. Hagner—The jury have come to the conclusion that they will receive no further testimony, and wish that the Coroner, forthwith, supply them with con- veyances to go aud view the scene of the accident again. Coroner—I will yield to the wishes of the jury in bee eg! 3 but furnishing conveyances, ‘ne District Attorney—I protest against the action of the jury, and think they are pursuing a course that oaght not to be pursued in a case of this Kind. Mr. Hagner—This jury desire todo justice tn this case, and I submit that the Coroner should farnish the conveyances. If le does not, and any act of injustice arises, [ hope it will be understood that it lies on the Coroner's head and not on the jury, Coroner—We Will adjoura until to-morrow morn- ing at nine o'clock, r. U'Donnell—If the Coroner will not furnish us conveyances thanks be to Providence we can get there in some other way. If further investigation was needed I would give it a week if it would satis- fy the ends of justice, If the Coroner will not, I will furnish a conveyance at my own expense to go out and see the track to-nignt. We will mect here azain at eight o'clock to-night. Mr. Chariick—I would like to say to the foreman of the jury that we would like to produce before you the manufacturer of this rail. He has been here for aig wailing, and is now goue home to New ork. Mr. O'Donnell—if the jury wish to hear him I cer- tainly will not stand in the way. I want the fullest light on the subject. Mr. Charlick—The manufacturer of the rail cer- tainly would be an important witness. Mr. O'Donneil—Mr. Coroner, have you known of = get of this gentieman—the manufacturer ere Coroner—No, sir. Mr. O’Donneil—We will then proceed forthwith to examine again the scene of the accident, and will Meetjagain here at eight o'clock. Coroner—I will be here to receive you. hi The District Attorney here left the room and went ome, Exit jury, who , ino country wagon to view the scene of the recent horror. . INCIDENTS AD INTERIM. During thé period occupied by the visit of the jury to the scene of the accident the barroom and stoops of the hotel were filed with crowds of per- sons who divided themselves ato knots and entered ito animated discussion as to the final result of the investigation from various and conflicting stand- poluts, EIGHT O'CLOCK. At cight o'clock the jury returned from viewing the track, and after they had answered to their names as called by the Coroner, the following fur- ther testimony was adduced: TESTIMONY OF MICHARL W. SHURT2. This witness (in the absence of the District At torney) Was examined by the foreman of the jury a follows:—I aut a rail man of twenty years’ ex- perien Was four or five months roadmaster of t ong Island Ratiroad; I have examined those piece: of tron; from my examination | think those rails were cut; this shows the mark of a coid chisel; a car wheel would not make this mark in that way; Ido not think at the time the wheeis ran over this rail that this small plece was connected with it, if it ever was; when we out railroad bars we generally have a cold chisel to cut with; I would not say pasitively that this small piece was or was not a piece of the track; it 18 night and you can't see so well; from & general observation tis small piece looks to be a piece of the rail (on inspecting the iron cioser the witness satd he did not know what to say about it); F can’t tell otherwise than by general ob- ape whether this was ever @ portion of the rail not. By the Coroner—From your examination of the rail Is it your conscientious 7 that that was = to improve the rail ? A. Lean’t answer hat. Coroner—What is your opinion? A. If it was cut off it was cut off by some man who had no business to cut it off, and was done to injure the company. Corouer (by request of Mr. Charlick)—Look at the be] PA ry ry of rail and sear whether it ran recently wheeis ing over A. I should think not, sa “<a rg og a part i rea passed over it No, sir; if wheels had passed THE CORONBR'S CHARGE. Gentlemen of the jury, as there appears to be no NEW YORK HERALD, THURSDAY, MAY 6, 1869.—TRIPLE or an further evidence, I have to case your deliberations; and, In 1ook- ing through this case, I thiuk you must agree with me one of those cases which requires the deliberation. As for the death individua's, it is utterly impossible to life, and according to the semamany o! fore you it 1s for you to look into how an im what way or manner their deaths were the circumstances attending the case. ot be your duty to screen any person or i lf Tt should ni party; but, if it should appear to you, gentlemen, that is was one of those unavoidable accidents, that could not be helped, why It will be your duty to” find a verdict to that effect. If not, it will be your duty to find a verdict against those parties, aS far as you can ascertain who has been guilty of this crime. Under these considerations I submit the case to you. ‘The room was then c.eared and the jury proceeded to deliberate on their verdict at.a quarter to nine o’clock, About half-past eleven o%lock the jury re- turned to the court room, having agreed upon the following VERDICT:— We, as jurors empannelled to investigate into the one bye one ig William C. Bashnare: otis M. , Orestes C. Pray, Patrick Shannatu orge ¢. Van ‘Nostrand and Jane Adams, find that they came to their death on the morning of the 23d of April, 1869, by an accident which occurred on the Leng Island Railroad, near the Willow ‘Tree station, town of Jamaica, in consequence of a car being thrown from the track by a defective rail, and hold that the Long Island Railroad Company are responsible for said accident by negicéting their duty in keeping their track in proper oraer. JOHN O'DONNELL, JK. WRIGHT P. HIGBIE. CHARLES LEW! DANIEL MURRAY. ALEX. WAGNER, MARTIN VANDEGRAW. WM. E. SMART, DANIEL BAYLIS, AB. A. HENDRICKSON. Howard Pearsall, after the rendition of the above verdict by M. O’Donneil, read the following as his positive belief in the matter, as one of tue jurors Sworn to inquire into all the facts and cireuin- stances attending the deaths of William O. Rushmore, Matilda M. Pray, Orestes M. Pray, Patrick C. Shamaher, Jennie Adams and secre: o Van Nostraud, which took place upon’ the Long Island Kaitroad in the towa of Jamaica, near the Willow Tree station, on the morning of the 23d of April last, do find that the said persons came to their deaths from an accident to the car in which they were passengers, the car being thrown from the track, and from all the testimony in the case [am unable to arrive at the cause of the accident HOWARD PEARSALL, (Goneniren in by George N. Codwise, Edward H. ey» Farthermore, after a patient and careful investi- gation of ati the the facts mtroduced in the examl- nation of causes by which the sald persons came to their deaths, the conflicting testimony introduced, much of which does not appear to me to be free from bias. and from my own knowledge, having before and _ since the accident travelled over the road, the condition of which will bear favorably witn other roads, I can- not, in arriving at all the circumstances attending the deaths of the unfortunate individuals attach a wilful or culpable carelessness or neglect on the part of the managers of the railroad. The cause of the accident has not been made satisfactory to my mind, and in my opinion was produced from some unavoidable and unforeseen circumstance, HOWARD PEARSALL. We coacar in the above. G, W. CODWISE, E, C, SINEY. - YACHTING. Proposed Match for the Cup Won by the Yacht America in 1851. To THE Epiror OF THE HERALD:— Mr. Ashbury, the owner of the Cambria, promi- nent as the first English yachtman who has offered to question the supremacy which the New York !o- cation of “the cup” signifies, by proposing a match therefor, seems unaccountaply misinformed as to the mode of placing himself in a right position for settling preliminaries. From remarks recently made on board the Cambria 1t might be supposed that the talked of match for “the cup” had veen accepted and the Dauntless selected by the New York Yacht Club as the competitor of the Cambria and the only question left open for settlement that of the ‘Royal Thames rule of measurement,” where- as nothing is more remote than such a state of things. Dispensing with all circumlocution the fol- lowing seems to be @ true estimate of “the situa- ton: Mr. Ashbury, in order to be regarded as in a post- tion to compete for “the cup,” must authoritatively represent or be represented by sume organized British yacht club, ‘This has not yet been done by or in behalf of the owner of the Cambria, The tonnage of hfs vessel must be tested according to tne Custom House or national measurement of eres is disposes of any necessity for considering the “Royal Tames rule of measarement.” (In a private match this rule may be a matter of adjustment.) ‘The notice on behalf of Mr. Ashbury must contain, among other things, the length Custom House or national measurement of the Cambria, and be given six months before the time desired to come off. The New York Yacht Club, at its January meeting, carefully distinguished between the m; Dread by Mr. Ashbury far “the cup,” stating that they could only deal with that subject, leaving the other matches around the Isie of Wight, across the ocean, &c., to individual arrangement. The offers to sail the Cambria made by Commo- dore Stebbins, Vice Commodore Bennett and Rear Commodore Douglas seem to have complicated in the mind of Mr. Ashbury those affairs with the con- templated match for the cup won by the America, with which they are wholly distinct. No progress can well be made as to a race for te “American's Cap” until Mr. Ashbury.has initiated a right beginning, which not to have done seems strange, in view that the conditions upon which it could only be competed for were published in Hunt's Yachting Magazine for June, 1865, No. 14, p. 265, and tn the New YORK HERALD as early as 1858, DECATUR. Mr. Ashbury’s Yacht Cambria. [From the Brighton (England) Gazette, April 22.) This celebrated yacht is now launched and under way. The holiow of her bows under water has been filled up, which must add to her buoyancy end apeed in a heavy sea. Many nautical men have ob- jected to the alteration; but in the opinion.of m ost cumpetent judges who have examined the vessel it is thought that 1 will eo highly advantageous. Her masts and bowsprit have been bored—a delicate and dimicult operation—which will reduce their weight almost three-quarters of a ton, Her masts have been lengthened by ‘‘tongucing”’ them at foot, Her rudder is being altered upon a new and im- proved principle, which will add much to her quick- ness in stays. Her windlass has been removed and a neat capstan substituted for It. This gives her more deck room on the forecastle. Her cabins have undergone extensive alterations, ‘The main cabin is decorated with the four large oil paintings by Mr. A. W. Fowles, of Ryde, which were recently exhibited at Mr. Coppard’s, in North street, in this town, They represent incidents in her matches during 1868, the closing seenes of the races in which she won the town cups offered by the in- habitants of Ryde and of Cowes, and two scenes from the match, which has given her a world-wide celebrity, in which she beat the Sappho and otuer yachts. The frames are of real rope tied in reef knots and gilded-by Mr. Sculiard, of Ryde, and the uimtings themselves are protected by plate glass. petween the pictures are niches which contain baskets of flowers in frosted ana burnished silver. Toe renowned Cambria is hourly expected off Brighton, and, weather permitting, will ship fittings and stores for'an immediate cruise, to test her sea- going qualifications. Such being the case she will not be thrown open for general inspection until later in the season, of which we will take care to give due notice for the benefit of our townsmen. Mr. Ashbury has, however, issued invitations to a select party of friends to luncheon on board on Friday ,to- morrow) at twa o'clock, adding the necessary pro- viso, “ weather permitting.” THE $20,000 BOND ROBBERY IN TRENTON, N. J. Arrest in this City of Two Parties by the De= tectives. It will be remembered that on the 30th of last Oc- tober eleven $1,000 bonds of the Central Pacific Rail- road and nine $1,000 bonds of the Union Pacific Rail- road were stolen from the residence of Dr. McKel- vey, of Trenton, N. J. AS soon as the robbery was discovered circulars descriptive of the bonds were sent to the various cities of the United States and the Canadas, The detectives of this city, under the direction of Chief Kelso, immediately went to work to ferret out the whereabouts of the thieves and the bonds, but, notwithstanding all their efforts, they were unsuccesefnl in their search until yesterday, when a certain Wall street broker offered three of the bonds for sale to Fisk & Hatch. This firm, on examining the bonds, at once perceived that they were of the number that had been stolen from Dr. McKelvey, and thereupon sent for Detectives Coyle and Irving, of the Central Police Omce. On the arrival of the the broker who had offered the bonds for sale expiaimed that he had received the bonds from another broker named John Herrick, and that the latter was pa- tiently awaiting his return to his office in order to receive the proceeds of the sale, The detectives at ounce proceeded to Mr. Herrick’s office, when they introduced themselves in the usual fashion. That gentleman seemed somewhat surprised at the visit of the duo, but asserted that he was not aware at the time the bonds came into his possession that they had been stvien from any person, doctor or otherwise. He stated that four or five days ® man nained William Ls called upon him and asked him if he could not dispose of some bonds for him, and yes- terday three $1,000 bonds enclosed tn an envelo were left addressed to him at 79 Cedar street. The detectives, without more ado, arrested Mr. Herrick, and soon afterward succeeded in hold of uar- re. a ing dispose of them, knowing that they were of the number ad- vertised as having been stolen from Dr. McKelvey, }- Semaine which will be decided in a police cout onlay. SHEET. 3 WASHINGTON. Implied Privileges to Cuban Filibusters. Spanish Outrage on a British Brig. THE PROPOSED CUBAN CONSTITUTION. ‘ WasHINGTON, May 5, 1869. The Departing of the Cuban Expedition Tacitly Allowed. One important fact regarding the probability of our government interfering to prevent the departure of war materia! for the Cubans has transpired to- day. It is, briefly, that our government has resolved not tO prevent the departure of any vessels, whether loaded with arms or not, provided their apparent destination is not direct for Cuba. In other words, vessels cleared for Nassau, Jamaica, Mexico or any other place with which we are on friendly terms, will be allowed to leave, no matter how much war material nor how many passengers they may carry. In reply to inquiries from parties interested, tnclud- ing, it is said, the Spanish Minister, our govern- ment has declared that such war material must be regarded as merchandise, and the people on board such vessels as travellers or persons leaving our ports on legitimate business. ‘This is a very important announcement, as it will enable the Cubans to send off as many men and as much war material as they choose without embarras- sing interference. Information derived here to-day is to the effect that two formidable expeditions left New York for Cuba yesterday. Constitution of the Republic of Cubn. The Cuban constitution for a republican form of government was prepared in this city in the interests of the insurgents, and has been or will be presented for their consideration, The framers acted upon the assumpiion that the Cubans will achieve their in- dependence of Spain, and, as in the case of Texas, seek annexation to the United States. The consti- tution provides for the creation of one or more States in the Island of Cuba. Spanish Outrage on a British Brig. A despatch was received here to-day by the Brit- ish Minister from the English Consul at Havana giving an account of another Spanish outrage on the high seas. According to this despatch, a Span- ish war vessel hailed an English brig at sea, and the latter, refusing to stop, was fired into by the Span - lard and sunk. This is the substance of the despatch, which Mr. Thornton immediately sent to his government over the cable, As the despatch 1g extremely meagre, not stating whether the infor- mation respecting the outrage was received origt- nally from the Spanish man-of-war or from some survivors of the sunken brig, the authorities here scarcely know whether to credit tt or not. Another Railroad Subsidy Hatching. ‘The Secretary of the Interior, in company with Ex-Attorney-General Evarts, and certain parties in- terested in the Atchison (Kausas) Railroad, called at the Treasury Department to-day, and had a long interview with Secretary Boutwell about the issue of bonds We this company. This matter was before Congress at the last ses- sion, and was considered so outrageous and unfounded a claim that it was defeated in the Senate. The owners of the so-called road are mostly Boston men, and they are now attempting to force the matter through the departments. The case was arguedafew days ago by ex-Attorney General Evarts, who 1s the lawyer for the concern, before the Secretary of the Interior. It is under- stood that Secretary Cox is favorably disposed towards the company, and the point now to be made 1s to get the Secretary of the Treasury in the same mood, The amount of bonds asked for is about 24,000,000, while the land subsidy amounts to about 9,000,000 acres, The claim set up 1s that this road, of which only forty miles are built, isa branch of the Pacific Railroad, and, therefore, under the act of Congress, entitied to a government subsidy. The Secretary of the Treasury heafd the statements of Mr. Evarts and the parties interested, but did not make any decision. The Election in Virginia. Governor Wells, of Virginia, in his interview yesterday with President Grant, obtained no satis- factory information as to the time the constitution will be voted on in that State. This will not be de- termined until a thorough registration shall be completed, and General Canby, who has not yet be- come entirely acquainted with the political situation, shall recommend the most convenient period for that purpose. Murder of an Army Officer in Texans. A telegram received at the War Department to- day from Austin, Texas, aunounces that Brevet Captain B, H. Harkness, First Lieutenant Thirty- eighth infantry, was slot and instantly killed while in pursuit of deserters from the Thirty-eighth in- fantry. The murderers were captured and confined in Fort Bliss, Appointments by the President. The President to-day appointed Emma A. McMackin, postmistress at Salem, Ill, and Jolin A. Prali, Assessor of Internal Revenue for the Seventh Kentucky district, Changes in the Treasury Department, Colonel William P. Wood, Chief of the Detective Force of the Treasury Department, having resigned, Major C. Whitely, of Boston, has been appointed to the office, Major T. J. Powers, of Pennsylvania, has been appointed Disbursing Clerk of the Register’s office of the Treasury Department, in place of Colonel J. P. Burnside, who held the position under Register Jeffries. Colonel Gwin, of Desmoines, Iowa, has been ap- pointed Third Deputy Commissioner of the Internal Revenue. 8. E. Middleton, for twelve years past the Cashier of the Treasury, will resign on the Ist of June. Cirenlar by the Comptroller of the Currency. After all the reports of the national banks shall have been arranged and digested for a general ab- stract, the Comptroiler of the Currency will issue a general circular of instructions with regard to the manner of making reports under the new law, which is differentiy understood by the banks, as is shown by the responses to the Comptrolier’s order of the 20th of April. Taxation of Telegraph Messages. The Commissioner of Internal Revenue has decided that counter blank No. 2 of the Western Unton T graph Company, as now used by said company and found on the printed headings of their blanks for telegraphic messages, is, when filled up and signed by the sender and delivered to the company, @ con- tract, and as such requires a stamp of five cents, ‘The counter blank alluded to 1s as follows:— To guard against mistakes the sender of a message shonld {that Is, telegraplied back to the originating Office, For repeating, one-half the regular rate is charged in adiMtion. And ft is agreed between the sender of the follow- mi ‘and this company that aaid company shail not be liable for inietakes or delays in the transinission or de- livery, or for non-delivery, of any unrepeated message be- ond the amount received for sending the samo; nor for mis- lays in the transmission ot delivery, or for non- y Tepeated message beyond filty times sum for sending the same, inlows —apecialiy insured; nor in any case for delays arising from unavoidable interruption in the working of their lines or for errors in eypher or obscure messages. And this company is, hereby made the agenta of the sender, without Hability, to forward lines’ of way other etination, Correctne mission of messages to any polut on the lines of this company can be inure ¥ contract in writing, Mating the agreed amount of risk and payment of premium thereon at the following rates, in. addition to usual charge for repeated messages, -One per cent for any distance not exceeding 1,000 mi: d wo per cent fot ang greater distance. No employe o o Authorized to vary the foregoing. The co: Hable for fh any case where the claim Is not pre- vented fn writing within 4 days after seuding the mos Philadelphians at the White House. Governor ry, of Pennsylvania, and a delegation of the Philadiphia Union League, were at the Bx. ecutive Mansion this morning, and had along inter. view with the President. A large number of persons thronged the ante-room during the forenoon; but very few obtained an audience. Trouble Among the Senate EmployesCaro- line Brown (colored) Discharged. There is no lithe excitement among the oMcers and employes of tho Senate over the discharge of @ colored woman named Garoline Brown, who bas had charge of the ladies’ retiring room of the Senate. Caroline is the individual who reised a sensation some time ago about being turned out of the carsot the Washington and Alexandria Railroad Com- pany, the Senate, J. Senator Cragin, chairman of the Committee oD Contingent Expenses of the Senate, to reduce the force of employés during the recess. Caroling wad among the unfortunates, She resolved, however, not to submit, She appealed to several Senators and Senators’ wives, Among the Senators im- portuned is Mr. Sumner, who championed her case in the Senate when she had the dificuity with the railroad company. been apparently very lame, especially when about the Senate. On the street, however, it has been remarked that she walks remarkably prisk. French is unrelenting and refuses to reinstate Caro- line. Caroline threatens to have French removed, and so the war goes on. What will be the end of it remains to be seen. It appears that the Sergeant-at-Arms of R. French, was directed by Since that time Caroline has Mr. Personal. The Hon. George Villiers, son of Lord Clarendon, arrived here to-day, He paid his respects during the day to Mr. Thornton, the British Minister, and to- morrow he will call upon the President and the Sec- retary of State. business, He visits this country on private Among the arrivals to-night is Ruslem Bey, a gens eral inthe army of the Sultan. He visits Washing- ton on ousiness connected with the Turkish Legation here. GENERAL LEE, A Sensation in Alexandria—Ovation to Gen- eral Lee—The Confederate Hero with His Old Friends—Reception at the Mansion House—Interview with the General—Con- versation Between President Grant and His Old Opponent. ALEXANDRIA, Va., May 5, 1869. Alexandria is having a sensation such as it has not enjoyed since the days when it was an Old Capi- tal offence to indulge in the'luxury of a cheer for Jeff Davis. Its highly esteemed’ fellow citizen and much revered Confederate chief, General Robert E. Lee, is spending a few days there with a view to renewing ancient friendships and reviving past recollections. Although Alexandria was tie city in which General Lee received part of his early edaca- tion, and in which he once resided, it has not since the collapse of the rebellion been favored with @ visit from him except once, during last summer, when he paid a fying visit, stopping but a few hours, On this occasion he came to shake hands allaround and chat over ‘Auld Lang Syne.” That is, he came to remain a few days and was prepared to do the hand shaking and chatting if a disposition that way should be manifested. The General landed from the eleven o'clock boat yesterday morning and walked unostentatiously up King street towards the dwelling of Mrs. A. M. Fitzhugh, who 1s a connec. tion of the General’s by the wife of hig brother, Smith Lee. On his way to Mrs, Fitz. hugh’s he was recognized by a number of citizens, all of whom bowed with the profoundest respect, and some of whom doffed their hats. Alto- gether he was scarcely more than fairly housed When friends, acquaintances and admirers came in to exchange a word or two with the yreat Gen- eral, Whose wonderful {exploits in the neighboring Confederacy even} reached their ears in the United States. Thus in the exact ratio that the Confederacy contracted, the deeds of the General assumed greater magnitude, until the country finally disappeared altogether, otis 6 all its greatness and glory centred in a ew of its lead- ing men. Ths will acconnt for the furore of adula- tion which 1s being poured upon the head of General Lee im Alexandria. The “Lost Cause” is now hon- ored in the persons of those who guided its affairs 1n its last hours, and General Lee i3 regarded as the exact exponent of the true idea of Southeru indepen- dence in the midst of poverty and defeat. He is coidl; respectful and frigidly polite to all connected wit! the government or who &re united with the great political party of moral ideas and only opens the warm side of his heart to mourners and friends of the defunct Confederacy. He acts as though the famous motto of General Taylor were now the rule of his life, “I ask no favors and Ishrink from no re sponsivility.”” The number of enthusiastic visitors muitiphed so fast that the Gegneral’s friends prevailed upon him to hold a reception, and thus afford an opportunity to all his friends for a meeting. Accordingly @ notice was published in the Alexandria Gazette an- nouncing that General Lee would receive them ‘at the Mansion House from eight to ten o'clock om Tuesday evening, May 4. This notice was over- whelmingly responded to, and eight o'clock had scarcel struc. when the parlor of the hotel began to fli. For the next three hours @ constant stream of visitors poured into the reception room, and General Lee had during last evening the most incontestible proof of the exaited esteem in which he is held 7 the community of Alexandria, The greater portion of his visitors were, of course, ladies. Great, indeod, was the ressure against the crinoline to obtain a squeeze of the gallant General's hand and a sinile of greet- ing from hw handsome dark eyes. Several ofthe more enthusiastic ladies—it is needless to say they were all iu their teens—found themselves crav- ing for his notice, unsatisfied by a shake and a sinile, and requested to be kissed in so bewitcning a manner that the General was fain to recatl his military discipline, and exclaim “To hear is tc obey"? Certain of the fair ones were overheard to remark, a3 they departed from the General's pres- ence, folding up their daintily perfumed gloves, “Phat those gloves should hencefurth be laid by as family heiriooms.’? The General returned to Mrs. Fitznugh's, havin; been the ae of as great an ovation of respect from the citizens of Alexandria as any individual since the days of Washington, and the visitors re- tired with the consciousness of having given a more accurate expression of their loyalty tuan could have been ascertained by a whole army of writers and politicians, Finding that the incidents of the reception formed the absorbing theme of conversation to-day over the whole extent of the city, and that General Lee was then the lion of the hour, your correspondent, nothing daunted by the ill success of those who had ventured before, resolved to beard the lion, and with this object in view ascended the steps to an old style brick mansion, recently rejav: ted with modern improvements and conven 3, at the coruer of Washington and Queen streets. The bell dd by @ very diminutive specimen ational ward,” and to the question, Lee in?’ replied, “sir, walk’? to carry a card to the Genera’, the little ebony pointed to the door of the parlor, saying, ris General Lee.” Being thus unceremoniously ered into the parior, | was confronted by a gen- an of medium height, with white hair and close cut white beard and mustache, lustrous brown eyes, which betokened a much younger and more vigorous frame than might have peen supposed, iging from the whiteness of the hair and ard, an erect figure, «rather inclined to the fullness of middle entirely in sover biack—in short, G self. Being obliged to introduce myself I did go, at the same time explaining briefly the object of my visit. The General recetved me courteously and gracefully, but requested most particularly to be ex. oased from an interview, t Hject of which was to form a letter for publicatior 1 have no desi said he, “to appear prominently before the publi “Your movements, General, will be sure to prove interesting to the pubiic. You see that the news papers have devoted considerable attention to you, and whatever you may say will not fail to receive caroful reading.” “Lobserve that the newspapers manage to learn prétcy much all there is to be Known concerning my movements,” replied the General, “but there if really notuing that | can say to mterest the pub.te, and I hope, therefore, you will excuse me. Lsiail be glad to see you a8 afriend, but request the visit may not be made in your professional capacity.” “Do you intend to remain long in tile city, Gene. ral?’ asked, “{ shall be here until Friday morning,” replied the General, “when I shall leave for Lextngton. During my stay | expect to visita number of old friends and receive the calls of those Who may wish to honor me. As the General remained standing during this short colloquy, while several friends were waiting to resume the coaversation where your correspon. dent interrupted it, aud as the General man! so mnch reticence to conversing with the public, I deemed 1¢ about time to retire, which L did, with the assurance of the General that be was glad to have met me. From a friend of General Lee I ascertained that the visit paid by the General to the President daring his sojourn in Wastuinagtun was as short as the inter- view between them was pithy. This friend claimed age, and dressed jeneral Lee aim: to have received the account General Leo him- self, It appears that Lee, according to his own rep- resentations, believed that as the ident had in- vited him to visit itm he could do nothing less than cali upon im and thank hit for the invitation, and tis is all he did. ‘The following conversation o0- curred between the President aud Generai waich lasted about five minutes: General Lee—Mr. President, I called to-day, in accordance with your kind invitation, with my friends here, Mr. and Mrs. Taggart, of Baltimore, to thank you for the honor you have done me, PReESIDENT—I did wish, , to have a some- what lengthy conversation with you in regard to matters relating to your of thegcountry, if such he agreeable to you. Geutral Las—Mr. President; t would much prefer that you should not take my opens and views as rey ting bao of Virginia and ink I aubject the th, 1 t cous ve ueeful’ watt and I do not ¢ [a 4 it excuse me, Mr. Tresident will ¢ my thanks in Serr fohns “Geral Le drove in tbe cariege of i Thon to seiianey i ‘0 visit Ci F eneral Cooper, ey war of the eracy, aud Rev. Dr. Packer. He will aed, the nny wit morrow the touseal wii dit We i at ine. hones ot J.P. Dangerfield, where he wilt meet a few intr friends,