Decatur County Journal
February 22, l900

EMMETT GARDNER Instantly Killed By Freight Train Monday.
__ _ _ _ _ _ _ __
Failed to Hear or See Approaching Danger Until Too Late--Coroner's
Inquest Tuesday and Yesterday.

EMMETT GARDNER, one of the most highly respected citizens of Decatur
County was struck and instantly killed by a south bound Burlington Route
freight train at the crossing west of the residence of C.W. HOFFMAN, one
mile north of town, Monday at l:30 o'clock.

MR. GARDNER with his son BERT came to Leon in the morning from his farm
2 l/2 miles northwest of town to deliver a load of hay. After unloading
the wagon and securing the mail from the post office, the noon hour had
gone by and they started for home to get dinner. They expected to
return later in the day to attend the annual reception and banquet of
the K.P. Lodge, to which order both belonged, and were driving over the
familiar road with never a thought of the terrible calamity which was to
soon blot out the life of a useful citizen and bring such utter
desolation to his family.

When within a short distance of the railroad crossing, BERT, who was
sitting in the front end of the hay rack, noticed the horses suddenly
quickened their pace. They were then almost upon the track and before
the young man had even time to speak to his father, the horses had
crossed the track and the locomotive of the swiftly moving train had
crashed into the center of the wagon. The elder GARDNER, who was
driving, was sitting with his back towards the direction from which the
train came and it is supposed that he was not at any time aware of its
approach. His position in the wagon was such that he received the full
force of the collision and after being carried several rods amid the
ruins of the wagon, fell on the west side of the track, while the
younger man, in the front of the wagon on the west side of the railroad,
was thrown entirely across the track in front of the train and left on
the east side.

As soon as possible the heavy train was stopped and the terribly mangled
form of a dead man placed in the engine and brought to the Leon Depot
from where it was later removed to Bonser's undertaking rooms and
prepared for burial.

In the meantime, BERT, although painfully bruised and shaken up, made
his way to the home of WM. HAZLET who immediately notified the members
of the unfortunate man's family and other relatives. It was a sad scene
when the bereaved wife, sons and daughters, sister and brothers and the
aged father reached the home of relatives in Leon and learned the truth
in all its terrible detail. Only five short months before, a brother
had been laid to rest after a long and painful illness and now that a
strong man in all the vigor of an upright life had been so sudddenly
deprived of existence was a fact that could scarcely be realized.

At 7:30 in the evening the remains were removed to the house of JOHN W.
GARDNER, father of the deceased, where funeral services were held
yesterday at 2 o'clock by Elder R.W. Castor of the Christian Church, of
which deceased had long been a member. The funeral was under the
auspices of the K.P. Lodge in which deceased held in life the second
highest office within the gift of the order, that of Vice-Chancelor, and
interment made in the Leon Cemetery.

Coronor McAllaster impanelled on Tuesday a jury consisting of F. Bedier,
Gene Alexander and B.A. Garrett and summoned witnesses who testified as
follows:

BERT GARDNER

My name is BERT GARDNER. I live in center Township, Decatur County,
Iowa. I am a son of S.E. GARDNER, deceased. I was with my father
yesterday, the l9th of February, between the hours of l2 noon and l p.m.
We had brought a load of hay to town and were going home. At the
crossing west of C.W. Hoffman's in the public road, when about one or
two rods from the railroad track I noticed that the horses started to
run. My father who was driving attempted to hold them but was unable to
do so. They ran in front of the engine, the wagon being struck by the
engine just back of the front wheel. I was carried with the rack a
distance of three rods and was left on the east side of the track. My
father was carried about the same distance and left on the west side of
the track. I heard no whistle or other alarm. The first indication of
danger that I was aware of was the fact that the team was frightened and
were running. The train stopped before it had entirely passed the road.
My father's hearing and eyesight are good. The train was coming from
the north and we were facing the west, the direction the team was going.
The team we were driving is an ordinary farm team and is gentle. We
were driving in a walk at the time.

E.B. WOODARD.

My name is E.B. WOODARD. I reside in Center Township, Decatur County,
Iowa, about a mile and a quarter north of Leon. On the l9th of
February, l900, I noticed the freight train that usually follows the
pass engine. I did not hear it whistle for the crossing but heard it
after it got on farther down. I was out doors on the south side of my
house and did not hear it whistle. The whistling post there is almost
in sight. I am familiar with the crossing. One time last summer I came
near being caught there. I was going to work on the road; was riding
one horse and leading another. I was going pretty fast and had got onto
the right-of-way before I saw the train. It was then very close to me
and passed by the time I had turned around. I heard no whistle at that
time.

A.J. HUGHES.

I reside in Leon. On the l9th of February, l900, between the hours of
l2 and l, I was going north of town and saw the freight train standing
on the crossing. I had heard no whistle. I did not know at the time
why the train stopped. I did not see the accident and did not know
anything about it until after.

C.W. DINGMAN.

I am a farmer residing 4 l/2 miles northwest of Leon. On February l9th
was coming to town with P.S. DETRICK. When we were north of McKinley's
place the freight passed us. It was about 20 rods from us. I was
noticing the train and can say positively that there was no whistle for
the crossing. I heard whistles at crossings up near Crown but none
here, after the train had gone further down I then heard a shrill
whistle and several short ones and noticed that the train had stopped.
By the time I got there the train had gone on.

P.S. DETRICK's testimony was substantially the same as that of C.W.
DINGMAN with the exception that DETRICK would not say positively that
the train failed to whistle when approaching the crossing.

WM. HAZELET.

Am a farmer. Reside in Center Township about a quarter of a mile west
of the railway crossing west of C.W. Hoffman's. On the l9th of February
about l2 or l, I was at home eating my dinner when my attention was
attracted by an unusual noise sounding like escaping air, steam or wind.
I also heard a long shrill unusual whistle and went to the door and saw
the train standing on the crossing. I heard no whistle for the
crossing. I cross there frequently and have been so nearly scared to
death by a similar occasion that it has caused me to notice very
closely. I have lived where I now do for about four years and pass this
crossing from four to six times per week on an average. As you approach
the crossing from the east a train coming from the north could not be
observed until it was within seven rods of the crossing. That is, to a
person riding in a vehicle of ordinary height when the horses' heads
would be even with the right-of-way fence. On account of the curve and
embankment I consider this a dangerous crossing.

C.W. HOFFMAN.

Reside in Center Township, one mile north of Leon. I live about 230
yards from the railway crossing west of my house. On the l9th of
February between l2 and l, when the freight was coming along I was at
home. The train stopping first attracted my ttention. When it whistled
I had gone to the window and was looking at it. It gave whistles that
indicted that something unusual had occurred. I went down there and saw
MR. GARDNER in the caboose where he had been carried. His head was
badly crushed and he was dead. I was indoors and heard no whistles when
the train approached. I heard the whistling after they had stopped.
There is a small hill there northeast of the crossing and a cut between
the railroad and public highway that in a great measure shuts off the
view of any train approaching from the north as you go west. The
approach to the track is pretty narrow. It is graded with a narrow
grade so that the only way in my opinion to get back would be to back
off. You could not turn to the right or left and turn around safely.
When the team is even with the right-of-way fence my opinion is that you
could not see an approaching train from the north. You would have to be
more than even with the fence. I have crossed there a great many times.

After the foregoing evidence had been heard, the jury decided to reserve
their verdict until the following day when it was expected to hear the
statements of the crew who were in charge of the train at the time of
the accident. However, they were beyond the jurisdiction of the county
and failing to appear in answer to the coroner's request the jury
yesterday delivered the following verdict:

We do find that deceased came to his death by being run over by a
freight train on the C.B.&Q. Railroad. Said train was an extra drawn by
No. l327 in charge of E.M. McEndree, engineer. That according to the
evidence as submitted said engineer failed to give the required signals
and we believe the death of the deceased resulted from such negligence.
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Copied by Nancee(McMurtrey)Seifert
June 30, 200l
 

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