New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-08-13
THE HERDyCT IN THE BOBTAIL CAR CASE.

THE VERDYCT IN THE BOBTAIL CAR CASE.
The result of Coroner Messemers inquiry
into the cause of Mrs. Levy's death is only
half satisfactory. His jury found that she had
been killed by reason of the inability OF the
driver of n Twenty third-St. "bobtaiI' car to
attend to his duties as a driver while under the
necessity of acting also as a conductor. They
condemned the "bobtair' system severely,
asked the Legislature to prohibit 1t In this city
and charged the directors of the Twenty-third-
st. Company with the responsibility for Mrs
LEWIS death But the Coroner was restrained
by an alternative Injunction issued by Mr.
Justice Patterson from finding against the com
pany's secretary and manager, whom the Jury
properly considered largely if not chiefly cul-
pable On its face this situation looks like
one in which legal bubble and judicial dis
erection had operated TO avert justice, for 1t
will be said if the jury thought Secretary
Mclean guilty, and if they were not permitted
to find as they believed, they were restrained
from rendering an honest verdict.
But this apparently inevitable conclusion
would be unjust to Judge Patterson, who did
no more than his duty in the Injunction order
he issued. The principal blame for the insulll-
cheney of the verdict rests as 1t always mas
rested since January l in cases OF mlscarfleu
Justice, upon the District-Attorney ONCE IL
is beng said, as if whines were ever an answer
to specific allegations, that the newspapers
which opposed Colonel FcllOws's election to
the District ttorneyship arc determined TO
recognize no coed in his work and to eXagGer-
ate all that is faulty 1t is true that they have
not recognized any good, and that they nave
been steadily engaged in dcnouncng MS IN
competence, Indifference and slovcnly oilicla
nractices. But he has only himself to blame
for this. While costing the city far more than
any predecessor has cost, he has about MIN
lot of boy-lawyers without either ability OF
oyperience. During this important Inquest
Coroner MESSENGER made several serious mis-
takes. and all were made under the advice OF
tbo Assistant District Attorney. 1t was Of
nrime importance to secure Secretary Mclean
accdent-book. wherein all the records OF cas-
ualtle, are kept But when the Coroner p!Oe'
MIR. Mclean under arrest on charge Of man
slaughter he rendered his order for the pro
duction of the book wholly unayaiing, for,
course. Mclean could not be compelled to pro
duce evidence tending to criminatc himself
1t was similarly all wrong to deny Mclean
the rights he would have been conceded on al
examination before a police magistrate. l IA
law which, as amended last year. gives TO IN
Coroner the same duty Of examination ana o
action thereupon as police magistrate pos
scsses. also gives the accused person the sam
rights that he has in police court. OF course
when Mclean was denied these rights, tn
Coroner could not be permitted to lind aSaihS
him. Guilty or innocent, that would nav
been obviously unjust. In these ways the Ill
vestigation was cumsily handled, and the yer
dirt insufficient. But at the Same ti!fc Tn
Jury have done great deal of good IN dlrec
ing public attention to the bobtall imposi
ton. The Legislature should by all mean
prohibit the running Of cars without con
ductors in this city. The companies en]oyh
these street franchises, one and all OF thch
without single exception, even II the
were compelled to pay into the city treasur
the million and more Of dollars which the
owe il. would still be rich enough and prosper
Gus enough to hire conductors for all their car