Irnie C. Webb/ death and Trial
There is some typeos-- I am in the process of correcting them.
This has been typed as it was on the court records
given to Sarah Elizabeth McLellan Webb
State of North Carolina Wilmington, NC
Court of New Hanover County April, 6th 1944
In the matter of: I.C. Webb, deceased.
I A.W Allen, coroner, in and for this said County of New Hanover did impanel the following jury of inquest at Andrews’s mortuary, 2:30 p.m., April 6, 1944 in the city of Wilmington, North Carolina.
J.W. Bryant, Foreman, W.I. Baxley secretary, J.C. Parker , D.L. Dobson, R.A. Crowell, W.C. Pearce, after which the body was viewed by the jury and thereafter the jury of inquest adjourned to meet at 3 PM in the grand jury room in the courthouse.
Dr.A.H. Elliott being first duly sworn testifies the following.
Last night, April 5, 1944, between five and nine o’clock, at Andrews mortuary, I examined the body of I.C Webb.
I found a large scalp wound on the right front quadrant.
There is no external evidence of fracture of the skull.
There was a slight grazing wound on the left side of the face compound fractures on the left arm just above the elbow and, a fracture of the left radius, and almost complete destruction of the left forearm and hand.
At the time of the examination. the greater part of the right forearm and hand was absent.
There was a massive crushing of practically all of the ribs in the left-sided anterior.
The pelvic, girdle, was completely crushed, there was a severe dislocation on the left knee joint, and there was extensive bruises and him, lacerations in the front and internal portions of both thighs, just below the pelvis.
Practically all of the skin of the scrotum and perineum were absent or gone.
The lower end of the spine and the lower end of the, colon, were exposed in this wound and the wound was so extensive that your hand could pass readily into the pelvis and abdomen cavity.
In my opinion, death was due to the, massive fracture referred to above, plus internal and external hemorrhage.
I have read the foregoing and it is true and correct.
B.B Wright, Deputy Sheriff, being first duly sworn testified as the following:
The occupants of the truck, Mr. Webb, Mr. William Alexander, and two Negroes left Mr. Alexander’s, on April 6, 1944 around 4:35 PM.
The time of the accident was 4:50 PM about 15 min. later.
The story of all three of the occupants of the truck was that four people were riding in the cab of the truck and just as the front wheels cost the first rail of the track the engine choked and the truck stopped.
They solve the trade approaching in, and they could not get it started. So they all got out, and pushed trying to get it off of the track.
Mr. Alexander and the two colored boys got out first, and Mr.Webb got out last.
The two colored boys told him that it was no use, they could not get it off the track, and Mr. Webb went around to the side of the truck to make a last attempt to push it off the track, but the train was too close and hit him.
It turned itself around twice, and that is when he was killed.
I talked to the engineer of the train, but he could not make a statement, just gave his name and address.
I talked to the conductor, I do not know what part of the train he was riding in but they usually ride toward the rear.
I do not know how he knew, but he told me that he Saul three men get out of the truck, and he did not know whether there were more or not.
I got to the scene of the accident, about 15 min. later.
They trying was moving north on either a level track or a slight up-grade, not downgrade, and the truck was cleared for at least a quarter of a mile in the direction from which they tried was coming.
I have read the foregoing and it is true and correct
William Alexander, being first duly sworn and testifies the following.
Yesterday afternoon, April 6 about 4:30 PM, between four and five. we started back to the fertilizer plant in a Ford pickup truck with Mr. Webb driving.
There were four of us in the cab, Mr. Webb, myself, and two colored boys.
Just as the front wheel got across the first rail. the truck stopped.
One of the colored boys saw the train and called our attention to it.
The freight was about three or 3 ½ blocks from us, when we first saw it.
We all got out and tried to push the truck off of the track.
Mr. Webb was in front pushing on the radiator, the train whistle did not blow until it got about 25 yards from us.
One of the colored boys call to Mr. Whalen to get out of the way and he walked around the side of the truck and the freight, hit him and jammed him between the truck and trying.
We could have seen the train a mile if it had been that far away.
The training was moving downgrade down a small slope and the train was coming to a stop to pick up something on a siding that I had there.
I do not know why it did not stop.
Everyone had ample time to get free of the truck.
There were no signals or warnings.
The train was coming toward Wilmington, and there was nothing to obscure the vision.
The engineer said he saw the truck but did not see anyone in it, and the conductor said we were pushing it, from the rear of the train.
Mr. Webb was on the north side of the truck when he was hit.
The engineer of the train hit the truck just about at the front wheel.
Our vision was not obstructed, when we came on the track, and we could have seen the train, but I did not see the train myself until we got on the track, and fact I did not see it on to the colored boy tell me it was there.
None of the occupants of the truck had been drinking that I know of.
I have read the foregoing and it is true and correct.
Arthur Fryer, being first duly sworn, testified the following.
My address is Rte. 1, Box 341, East Wilmington.
Mr. Webb, myself, Matt Riley and Mr. Alexander were in the Ford pickup truck.
When we got to the crossing, it choked off and stopped.
I looked up and saw the train and Matt said was to get out.
We all got out and tried to pull it back off the track, I said” look out. “
I do not Know Which Way, Mr. Webb went, but when I said look out, the train hit him.
The last time I saw Mr. Webb. He was standing at the front door.
It was about 35 or 40 feet from the highway to railroad, and all that distance was open.
We could have seen the train in the open all the way up to the track.
When I first saw the train, after the truck stopped, it was about 200 yards from us.
Everyone had ample time to get out of the truck before the train hit , but we all had to come out of the one door.
No one was drinking that I know of.
We brought the truck from Mr. Alexander’s house straight out to the crossing on the dirt road.
The train was going toward Wilmington; I did not hear any whistle.
We were all four pushing, and there was nothing to keep the engineer from seeing us, as we were on the side he was coming from.
The train was all freight, a coal- burning engine, and was a pretty long train.
It was not raining so the track was not wet.
I heard the engineers said the cell three of us get out of the truck, and thought it was all clear.
We never did get the truck off the track, but I am not sure whether the front wheel was across a rail or whether it just the engine was on the track.
The truck was empty except for the four of us.
I have read the foregoing and it is true and correct.
Mack Riley, being first duly sworn testified the following.
My address is Roger Moore Brickyard.
When we got to the railroad and the two front wheels come right over the first track the truck choked down and stopped.
I looked up the track, and saw the train coming, and said,” let’s get out.”.
They open the door and we all piled out.
This boy fryer, and Mr. Alexander got hung up, and I pushed them out, and then died out, myself.
Mr. Webb was only left-handed side of the fender.
The train was about 100 yards away when it started to blow.
I backed off, and I just had time to clear the tail end when it hit.
Mr. Webb did not have any chance at all.
The train hit the truck, and spun it around two or three times.
We could have seen the train from the time we left the house as the view was open.
The track is straight right on back about three fourths of a mile, but I could not see it as I was on the other side from the train.
It was not more than 100 yards away when I saw it first.
The front wheels had gotten across the first rail, and drop down just enough that we could not push it back it back off.
The truck was empty, and I think it was in gear when it choked down.
The train was coming fast, and never slowed down before it hit.
It stopped after about 15 cars had gone by the crossing.
The caboose was on back of the crossing when the trains stop.
All heard the engineers say that he saw three men come out of the truck, but did not see the forth man.
I did not hear the conductor say anything.
The train started to blow the whistle, about 100 yards away, and kept right on blowing until it got right to us.
We pushed on the truck until we saw it going to hit, and then got out of the way.
Mr. Webb couldn’t get out of the way.
If we had not tried to get the truck out of the way, I just could have gotten out of the way before it hit.
I have read the foregoing and it is true and correct.
O.I. Caines, being first duly sworn testified as follows
My address is 402 N. 2nd Street.
I am 23 years of age, and have been with the railroad for two years and seven months.
I am brakeman on the train.
We were coming down the track about 30 car lengths or about 400 yards from the crossing when we saw the truck come up, and start over the track, and stall.
I saw three men get out, and tried to push it back, but they could not do it.
At the time it hit the engineer was blowing the whistle.
He applied the brakes after he saw, they were not going to get it off.
After we hit we went by about 13 car lengths.
When we stopped, I went back with the engineer, and found this man there.
The caboose did not pass the crossing; the train was stopped on the crossing, about midway of the train.
We were running about 25 miles an hour, I suppose.
The track was a little down grade and was straight about 2 miles back with an unobstructed vision.
From the time we first saw the truck stopped the occupants had time to get out if they had tried.
I was the head brakeman, and was on the brakeman seat, on the left-hand side of the engine.
When they shut down the front wheels were just sticking over the rail.
I surmised from what I saw that it had choked down.
The passager is beginning to get out as soon as it stopped, and tried to get the truck off the track.
They stayed there until almost we were on them, just a few seconds before we hit..
The engineer started breaking before we ever hit it.
It would take about 30 car lengths to stop the train at that speed, (about 25 miles an hour), but we traveled 13 Car lengths before stopping.
It was steam engine, number 718: J.S Robinson was the conductor, E.C. Marshall was the engineer.
I have read this foregoing and it is true and correct.
Ralph Ellis, being first duly sworn, testified as follows.
My address is Rout 1, Box 196-A, Wilmington.
I had just fired the engine and got down on my seat box before the accident.
At that time we were about 30 car lengths from the crossing, and him saw the truck approaching.
It looked like they stopped, and then started across the track when the truck choked down and stopped.
The engineer blew his whistle.
The truck stopped about halfway over the track with the engine of the truck. About half way over the track.
The engineer blew the whistle again but they did not get out of the truck immediately instead, they hesitated.
When they got out. I only saw three of them and they all got out on the driver side.
At that time we were about ten cars are links from the crossing and the engineer was continuously blowing his whistle and had put his brakes down.
At that time the three I saw were trying to push the truck back off of the crossing, but apparently could not push it off.
That is all I saw until the engine, got too close to it.
I was on the left side of the engine, and the engineer was on the right side, and the engine cut off my view, just a second before I heard the crash.
The train was running approximately 25 miles an hour..
I did not see the truck before it got to the track.
When I first saw it, it was almost on the crossing.
If the men had left the truck as soon as it stopped they would have had time to push it off, and get clear, but they did not do that.
They hesitated just a second before they got out.
They would have had time to get clear of the try it they had left it, then, and not try to push in off.
The train went by the crossing 12 cars lengths the 13th car was blocking the crossing.
The track is more or less downgrade at that point.
As far as I know, none of the men had been drinking.
I mentioned to Mr. Caines, when I first saw the truck on the track, but the engineer could not hear what we said, but he could see down the track, and about that time, he started to blow the whistle.
First, he blew it to stop, then he blew for the flagman to get ready to protect the rear of the train, and then he blew continuously until the time we struck the car.
We were about 20 or 22 car lengths, from the truck when we started blowing the whistle.
He put the brakes on about 10 cars lengths of the crossing and it took us about 22 or 23 car lengths from the time he put on the brakes before he stopped.
The brakes were all right.
I have read the foregoing, and it is true is and correct.
This document has been typed exactly as written.