Ottawa Journal 24 July 1899
AN INQUEST TONIGHT - An inquest will be held to-night over the remains of the late J.A. Bull of the O.A. and P.S. Ry., who died yesterday as a result of injuries sustained at Whitney Saturday.
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UNDER THE WHEELS
JAMES A. BULL MANGLED BY A TRAIN
Employee of the O.A. & P.S. Injured Saturday Night, and Died Yesterday
James A. Bull, of 19 Second avenue, a fireman on the Ottawa, Arnprior and Parry Sound Railway, was so badly injured by being run over by a train at Whitney Saturday night that he died yesterday morning. While Mr. Bull was standing on the tender of his engine shortly after six o'clock Saturday night, filling the boiler of the locomotive with water, a shunting engine jolted against the rear end of the train to which the locomotive attended by Mr. Bull was attached.
Fell to the Track.
The collision caused the man to lose his balance and fall to the ground. The train, set in motion by the jolt, passed over him, cutting off his right arm and crushing his right leg. He was pulled out and taken to Ottawa in a special car. In spite of all that could be done for him, however, he passed away yesterday morning.
The late Mr. Bull was 20 years of age and lived at the residence of his father, Mr. Enoch Bull, foreman for S and H. Borbridge, trunk manufacturers. He was a member of the Brotherhood of Locomotive Trainmen..
Kingston Whig Standard 24 July 1899
His Legs Cut Off
OTTAWA, July 24 - John R. Bull, First avenue, a fireman on the O.A. & P.S. railway had both legs and an arm cut off at Whitney on Saturday. His engine was taking water when another engine rushed up. He was knocked under the wheels. He died Sunday morning.
Ottawa Citizen 25 July 1899
JAS. A. BULL'S DEATH.
Inquest Was Adjourned After Dr. Klock Had Testified.
The inquest into the circumstances surrounding the death of James Arthur Bull, on the O.A. & P.S. railway at Whitney, commenced yesterday morning and was proceeded with last evening, but was further adjourned after a short sitting until this evening, owing to a number of employes of the road who had been summoned to give evidence being unable to attend.
The only evidence taken by Coroner Freeland yesterday was that of Dr. Klock, who examined the body and described the injuries which resulted in Bull's death. The left arm was severed and the left leg and right foot horribly mangled. Death, the doctor said, was due to shock. The jury were as follows: H. J.Freil. foreman: I. Rickey, T. Taylor, G. Mann, D.J. Currell. J. K. Reid, R.Sinclair, t. H. Woodland. A. Moreland.J. Valilee. A. D. Helmer.
R. N. Defoe. Geo. McGregor, James McRae, Thomas McMillan.
Ottawa Journal 25 July 1899
AN INQUEST OPENED.
An inquest was commenced yesterday into the death of James A. Bull, of Second avenue, who was fatally injured at Whitney Saturday night. Dr. Klock gave evidence as to the injuries on deceased. The inquest was adjourned until to-night in order that some important witnesses from Whitney may be present. The jury consists of H.J. Friel, Foreman; J.Rickey, F. Taylor, G. Mann, D. Currell, J. K. Reid, R. Sinclair, I.H. Woodland, A. Moreland, J Valilee, A Helmer, R. Defoe. G. McGregor, J. McRae, T. McMillan.
Ottawa Journal 26 July 1899
Identical wording in the Ottawa Citizen same date
A.T. Granger Adjudged Guilty of Manslaughter
JURY OUT THREE HOURS
Coroner's Inquest Touching the Death of the Late Fireman J.A. Bull
"That Arthur Thomas Granger, on the 22nd day of July. 1899, at Whitney, Ont., did feloniously and unlawfully kill and slay one James Arthur Bull."
This was the verdict returned by the Jury empaneled to enquire into the circumstances surrounding the death of James Arthur Bull, fireman on the Canada Atlantic, who was run over on Saturday afternoon last. A decision was reached, a 3.15 this morning, after deliberations extending over fully three hours. Twelve of the jurors subscribed their names to the verdict, only two disagreeing. The only other member left early in the evening on account of illness.
The jury found it hard to determine whether the case was one of "mere neglect'' or "gross neglect." The circumstances of the case are well known. The special freight trains were proceeding from Depot Harbor to Ottawa. They were in the early stages of the journey about fifteen minutes apart. The first, in charge of Conductor Campbell, stopped at Whitney to take water, backing in at 6.40. The second, under charge of Conductor Young, arrived at 6.48 though there appears to be some divergence of opinion as to the length of time that elapsed between the two arrivals, one brakeman on the first, claiming that the second trajn came along without any appreciable lapse of time. Granger was the engineer on the latter. Though signaled to stop, there was, in the minds of twelve of the jurors, little evidence to show that he did anything to impede the progress of his train other than to whistle for the brakes, which, according to testimony, had been applied at Conductor Young's instance. The impact of the engine against the van at the rear of the first train knocked Bull beneath the wheels, killing him instantly. Hence, the verdict of manslaughter. A mitigating circumstance was pointed out by those who disagreed in the fact that a curve in the road at Whitney station, together with a number of buildings, obstructs the view, making it impossible for Granger to see the danger ahead.
Conductor Campbell was unable to be present through indisposition, a letter to this effect being read from his physician.
Mr. Charles H. Donaghy was the engineer on the train which stopped at the Whitney station for water. Arthur Bull, the fireman. stood on the rear of the tender to connect the spout of the tank. Just before the second train ran into the rear of his train, McLellan, the brakeman. gave the sign to pull ahead quickly. The train went about half a car's length and then came a crash. At this moment he saw the unfortunate fireman fall. The train continued to move for five car lengths more, and then came to a standstill. The two trains were fifteen minutes apart at Canoe Lake.
Mr. William McLellan, of Madawaska, was hrakeman on the same train. His duty was to be on the first car to give signals to the engineer. Conductor Campbell, in this instance, gave him the signal to go ahead. The conductor was standing on the station platform. It was impossible for the witness to see the train behind. The signal he had given was answered immediately The train had only moved about sixteen feet when the shock came. Mr. Bull was standing on the rear of the tender placing the water spout when the signal was given. With the crash Bull fell and the train moved about five car lengths.
Mr. S.J. Kingston was the brakeman on the rear car of the first train. His duty was to flag any train following - to go back, if necessary, a mile to protect his train. On this occasion he did not do so; he left his train without a flag. He went back about 200 yards. Seeing the second train coming he gave the signal, which those on board observed. One sharp whistle was given by the engineer. The second train, according to rule, should have been a mile behind. He was unable to take the flag because he didn't have sufficient time. The second train, he judged, was going about eight miles an hour. Even if the signal had been acted upon it would have been impossible to have stopped the train before reaching the train ahead.
Mr. Arthur Granger, of Depot Harbor, was engineer on the second train. Campbell was to have three signals, flags - one on the engine and two on the rear. As soon as he saw the signal made by McLellan he whistled for brakes one short whistle. He then placed the engineer's valve in the emergency position, which at the time had little or no effect, as there were onlv three cars on the train supplied with air brakes. When he whistled it was the duty of the brakemen to applv the breaks [sic]. It was not possible to see the train ahead as there was a sharp curve with three buildings obstructing the view. Just before he struck the rear of the first train it started ahead a few feet and stopped. There was little damage to either the engine or van. When the engine stopped, witness got off and asked Conductor Campbell if a flag had been sent back and received a reply in the affirmative. Knowing that another train was ahead, he had kept a pretty sharp look out, and went about fifteen miles an hour. Coming into the station he slackened down and was at that time going about three miles an hour.
Mr. Kingston. recalled, said that the rule about protecting the train did not apply when within a station yard.
General Superintendent Donaldson said that it was not necessary for the train to be protected while the engine was taking water in the station yard. If Conductor Campbell had stopped outside the station yard he would have had to protect his train.
Mr. William Young was conductor on the second train. He told the engineer to watch out for the train ahead because he knew his train had few air brakes and the grades were steep down. He was afraid the engineer was going slightly too fast, though not sufficiently fast to make it dangerous.
Ottawa Journal 27 July 1899
ACCUSED OF KILLING FIREMAN
Charges Laid Against Engineer Granger
The Trial in the Police Court To-day
Was Granger to Blame for the Accident?
Fireman James Bull was Killed in Collision. Engineer's Carelessness is Blamed.
Arthur Thomas Granger was to-day charged in the Police Court with unlawfully killing and slaying James A. Bull. Granger was the engineer on the train that collided with another one on July 22nd, on the O.. A. and P.S. line at Whitney, The collision was a rear end one and the man that was killed was fireman on the front train.
The criminal action is taken in the court, following the verdict of the coroner's jury. who found Engineer Granger guilty of the man's death.
Crown Prosecutor Ritchie conducted the case against the engineer, while Mr. Hal McGivern, of Messrs. Henderson. McCracken and McGivern, defended Granger.
A Question of Jurisdiction.Mr. McGivern questioned the jurisdiction of the court as the deceased fireman was struck in another county. Mr. Ritchie pointed out that when a man met with an accident in one jurisdiction, and died in another the courts of either of these jurisdictions had power to try the case. Magistrate O'Keefe decided that he had power to try the case and the trial proceeded.
Mr. Wm. McClelland, who was brakesman on Campbell's special, the train on which Bull was killed, gave first evidence. He saw the whole accident and described it to the court.
The front train, on which McClelland was, consisted of fifteen cars. They left Depot Harbor about five o'clock and arrived at Whitney at twenty minutes to seven o'clock, the same evening.
Story of the Death.There the train stopped. It was necessary to take water, but the engine was not stopped till the tank on the tender was three or four feet beyond the water tank by the track. Fireman James Bull went back on the tender to attend to the taking of water. The witness, McClelland, was standing on the top of one of the freight cars.
Suddenly Conductor C. A. Campbell gave a signal to start the train. The train was started almost immediately, and went about nineteen feet. Then the rear train dashed down upon them.
The rear train, Young's special, struck the back end of Campbell's train. Bull, the fireman, who was standing on the top of the train, was seen to fall; down between the front car and the engine. The witness ran to him and found him on the east side of the track. His arm and leg was separated from the rest of his body and the man was in great agony.
The rear end of the front train was considerably damaged by the collision. And it was found that the two rear cars of the front train were detached from the rest of the train. The visitors did not know whether this was a result of the accident or whether it came from the accident or from the sudden starting of the train a few seconds before.
Cross-examined by the defence, the witness said that there was a curve and a heavy grade at Whitney station. The trains had to go in there very slowly with brakes on.
The Man Was Dying.Dr. Klock of the corner of Nepean and O'Connor streets told of his visit to the dying man, John Arthur Bull, at 2 o'clock on Sunday morning. The man was out by the Elgin street depot here and they considered that he Charles Bellamy, the engineer of was taken into a station building there.
The man was dying. He had his left arm chopped off two inches from his shoulder and he had other injuries.
Samuel J. Kingston, a brakeman, from Madawaska. told of how he was on the train that was struck. About four minutes before the accident occurred he went back along the track to give a signal to any trains that might be coming. He went back two hundred yards when he saw Young's train approaching. He waved his flag and then jumped down the bank. He heard the coming train whistle for brakes and then it turned the curve. The train was not going at a high rate of speed.
The Engineer's Orders.Charles Bettamy[sic] the engineer of the forward train, told of the orders he received. They were in technical language to "Run on red by Bank's." He explained that there were four special trains coming through from Depot Harbor. Bank's train was the first, while the one he was on was the second. To run on red meant for him to look out for Bank's train, which had red lights displayed. He was to keep. a mile behind the train ahead. and Granger, the engineer on the train that ran into him doubtless had the same orders.
Samuel J. Kingston was recalled and be said that at Whitney station there were no semaphores. There was but one signal board on the other side of the station from, which the water-tank stood.
An Ottawa Conductor.Wm. Thomas Young. of Ann street Ottawa, was the conductor on the train that ran into the first one. He said that his train was not going fast, but was under control going down the heavy grade into Whitney station. The train was going fast enough, however, to plough its way under the rear coach of the front train and lift it on the "cow catcher" of his train.
Conductor Young thought that Campbell, the conductor on the front train, should have had men posted earlier up the track each way to warn approaching trains. Young did not expect that the other train would be in Whitney. When the accident happened he sent a man back to flag the fourth special train that was following a few miles back.
Albert White, was the prisoner's fireman on the rear train the evening of the death of Bull.
He described in detail the movements of his train before and after the fatal accident,
Did All He Could.Granger, the prisoner, said White, did everything possible in his power to stop the train and avoid having the accident caused.
Brakesman R. Moore, of Depot Harbor, who. was on Granger's train, also gave testimony. His evidence was of a technical nature as to the distances between the different points concerned in the accident. The evidence he gave was not important except the fact that he said the shock of the collision was so light that he felt no shock or jerk whatsoever. This of course is in Engineer Granger's favor.
Henry Barrfield of Depot Harbor, another brakesman, was on the rear of Granger's train. When they came within six or seven car lengths from the front train he heard two whistles for brakes from his train. Like the previous witness, he felt no shock at the time of the collision.
There were two more witnesses that Crown Prosecutor Ritchie wants to examine. He asked for an adjournment. Mr. McGiverin opposed this strongly, as he did not want to have a charge like this hanging over his client's head, as he said there was no evidence yet to implicate Mr. Granger.
Mr. Ritchie said he had no objection to Mr.Granger being allowed out.
Granger gave his own personal bail for $400. The case will come up next Tuesday, August 1.
Sympathy for Granger.Much sympathy is expressed in railroad circles for Engineer Granger, as it is not considered by railroad men that he was at all to blame for the accident. The court was crowded with railroaders interested in the case.
The court adjourned a few minutes before one o'clock.
Almonte Gazette 28 July 1899
James A. Bull, aged 20 of Ottawa, fireman on the O.A. & P.AS. RR., had both legs and an arm cut off at Whitney on Saturday, and died next day. He was standing on the tender while the boiler was being filled with water, and by some mistake another engine collided with the one he was on. Bull was thrown on to the rails, and the train being set in motion, the wheels of a car passed over him.
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The jury at the inquest held to inquire as to the death of J.A. Bull, O.A. & P.S. RR. fireman, brought in the following verdict: "That Arthur Thomas Granger, on the 22nd day of July 1899,at Whitney, Ont., did feloniously and unlawfully kill and slay one James Arthur Bull." Granger was the engineer on the rear train, and, though signalled to stop, there was little evidence to show that he did anything to slacken the speed of the train beyond whistling for brakes.
Ottawa Citizen 1 August 1899
The Granger Case Further Enlarged That More Evidence May be Obtained.
At this morning's police court Arthur T. Granger was again arraigned on a charge of manslaughter.
Dr. Klock, who attended James A. Bull, the victim of the railway accident at Whitney on July 2nd, testified that death was due to the shock caused by the injuries deceased received
The case was enlarged for a day, as the Crown desires to secure the evidence of Dr. Freeland, coroner, and Mr Morley Donaldson, superintendent of the O., A.& P. S. railway.
Mr. McGiverin, counsel for the accused, questioned the necessity or value of the last named witness' evidence. but Crown Attorney Ritchie stated it would be of value, inasmuch as plans, etc., would be submitted.
Ottawa Journal 1 August 1899
IMPORTANT QUESTION TO BE DECIDED
Preliminary Trial of the Engineer now going on in Court
The preliminary trial of Arthur Thos. Granger, the O., A. and P. S. engineer who is accused ot unlawfully killing Fireman James A. Bull in a rear-end railway collision, is not yet over. In the police court this morning the case was again adjourned till tomorrow to allow the presence of Coroner Freeland and Superintendent Donaldson of the Parry Sound road. The court was filled with railway men, for the casei is an unusual one and involves the important principle of the liability of an engineer in case of an accident caused by his train.
Mr. J.A. Ritchie. Crown prosecutor, managed the case against the engineer, while Mr. Hal. McGiverin defended him.
[sic] morrow to allow Superintendent Don and O'Connor streets was recalled and said that undoubtedly the deceased had died from the shock of the accident.
There were no more witnesses in court, so the case was left over till tomorrow to allow Superintendent Ion.[sic] aldson to attend. Mr. McGiverin rather objected to this, as he did not think Mr. Donaldson could give any important evidence, as he was not present at the accident.
Crown Prosecutor Ritchie explained that he wanted Mr. Donaldson to interpret some of the running rules of the road. The case was then laid over.
Ottawa Citizen 2 August 1899
Granger Not Responsioble for Whitney Fatality
At this morning's police court. Arthur Granger was acquitted of the charge of manslaughter, the court not holding him responsible for the death of James A. Bull, fireman on the O.. A. & P. S. railway.
The principal evidence was given by Mr. Morlley Donaldson, general super intendent of the O., A. & P.S. and C.A. railways. Mr. Donaldson produced a blue print profile showing the track-curve, grade, etc. at Whitney, where Bull was killed. The grade from the west at this point is 1.25 feet in the hundred.
Mr. Donaldson next explained the rules under which the trains ran. He stated there was no sign post or semaphore at Whitney to mark the station yard.
This closed the case and the addresses of counsel followed. Mr. McGiverin said. "I would submit that no case has been made out, and I think the case should be withdrawn. Nothing has been brought out fastening the blame on Engineer Granger. He was not running ahead of time, nor was he going at an undue rate, and when signalled he did everything possible to stop his train."
Continuing, Mr. McGiverin maintained the shock that threw Bull off the tender was caused by the sudden starting of his train, which caused the separation of the van and the last car. Mr. McGiverin also referred to Granger's good record in the past as an engineer, as a point in his favor.
Crown Attorney Ritchie maintained that Granger was responsible, as for one thing he ran into Whitney at greater speed than was permitted. He referred to the fact that the first train had the right of way and hence any fault was on the part of those in charge of the second train. He also referred to evidence to prove that Bull did not fall till after the collision occurred.
He also emphasized the fact that the crew of the first train did everything possible to avoid the accident.
Negligence All Round
Magistrate O'Keefe in summing up the evidence, stated he could not hold Granger guilty.
There was negligence all around, not on Granger's part alone and he was not justified in holding him responsible.
Ottawa Journal 2 August 1899
He Was Not to Blame,
Arthur Thomas Granger, of Depot Harbor, was honorably acquitted in the police court to-day on the charge of killing Fireman Jas. A. Bull through alleged carelessness which caused an accident at Whitney station on the Parry Sound. Mr. Hal. McGiverin defended Mr. Granger, and Mr. J. A. Ritchie, crown prosecutor, handled the crown's case.
General Superintendent Donaldson, of the C A.R., was the last witness.