Brooklyn Eagle August 4, 1874 ‒ On the 14th ult. Herman Heyman was run over while driving a wagon over the South Side Railroad track at Fresh Pond Road. The evidence has heretofore been fully published in the Eagle. This jury has returned the following verdict:
The jury rendered a verdict that the deceased came to his death by being run into by a South Side Railroad train on the night of the 14th ult, at about 10:25pm at the crossing of said road and Middle Village Railroad, through the neglect and carelessness of the engineer, Thomas Cody by not blowing the whistle or ringing the bell of the locomotive of said train, as the State law ordered, at a proper distance from this crossing at Fresh Pond Road and Metropolitan Avenue in the County of Queens as the said Engineer Thomas Cody acknowledges in his sworn statement that he did not blow the whistle or ring the bell until within 200 or 300 feet of said crossing on the night of said accident. And we, the jury, do censure the said South Side Railroad Company, their agents or assignees for their gross carelessness in running trains over said road and crossing without having a proper signal and guard at said crossing for the better protection of human life in the said County of Queens. And we further censure the North Second and Middle Village Horse R.R. Co. for not taking the necessary preparation for the protection of passengers over said turnpike and railroad on said Metropolitan Avenue, by keeping and maintaining a flag man at the said crossing and intersection of the South Side Railroad and Metropolitan Avenue in said County of Queens.
And we, the jury, do most earnestly recommend to the proper authorities of the County of Queens to take such action as shall be the means of preventing such accidents hereafter on the crossing of the said South Side Railroad
The Engineer, Mr. Cody, is now under bonds to appear before Justice Slocum, of Queens County