Tuesday morning the south bound express of the W. P. & Y, Ry. returned
to Whitehorse about noon and it was evident that something out of the ordinary had occurred. A visit to the depot at once showed the reason. John Smart, a young Indian, had been run over by the engine, number 29, about half a mile the other side of Dugdale between the 12th and 13th mileposts. The Indian's body was horribly mangled, one of the arms having been cut in two above the wrist and the right side of the head and face badly crushed. When picked up the Indian was breathing heavily and bleeding profusely. He died before the train reached Whitehorse.
On arrival here the body was handed over to Sergt. des Barres, of the town force, who had it conveyed to the morgue at the general hospital.
Tuesday afternoon a report was in circulation on the streets that four
mushers had seen two Indians quarreling and fighting near the scene of the accident, and this rumor reached Major Snyder, who at once ordered an investigation, and sent Consts. Harbottle and Spriggs to Cowley, where the suspected Indian was known to be, to arrest him and gather any evidence they could bearing on the case. On arriving at Cowley the officers found the Indian, whose name is Billy Smith and, after arresting him and searching his pockets, examined his clothing on which they found spots of blood. They brought him to Whitehorse where he was placed in gaol to await the outcome of the investigation.
On Wednesday Dr. Pare, coroner, summoned a coroner's jury, and proceeded
to exam into the case. Inspector Richards had been delegated to appear for the Crown while Barrister W. L. Phelps appeared on behalf of the prisoner.
It was brought out in evidence that the two Indians, Smart and Smith, had
left Whitehorse on the evening of the 25th to walk to their homes in Caribou. Before starting Smart got two bottles of whiskey, which he had concealed near the section house about half a mile south of town. On the way they drank frequently, and when near Dugdale Smith, the survivor, says he lost consciousness and did not come to until the next morning about 11 o'olock, at which time he was on the railroad track headed in the direction of Whitehorse. He did not know until afterwards that his partner bad been killed by the train. The blood on his clothing was accounted for by a fresh cut on one of his hands.
The engineer and fireman of the train testified that when near Cowley they saw what they supposed to be a roll of blankets lying near the right hand rail; did not stop the train because it was a common occurrence for mushers to leave their packs alongside the track; did not see man who was concealed by roll of blankets; where accident occurred track was perfectly straight with a slight down grade; could have stopped train if they had known man was lying alongside track; did not see him until too late to stop.
Section foreman at Cowley testitied he left Cowley at 7 o'clock; when about two and a half miles north saw two Indians alongside track; after handcar passed one of them laid down near track, the other came up to where section gang was at work; appeared to be pretty drunk; told him train would be along in a couple of hours and he had better remove his partner from near the track; didn't wait to see whether he took heed of warning or not.
The jury after hearing the evidence brought in a verdict "That deceased, John Smart, came to his death aceideotally, while intoxicated, and that no blame could be attached to the officials of the W. P. & Y. Route for his death."
The body of Smart was taken on Friday morning's train to Caribou for burial.
