New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-01
THE DIRECTORS INDICTED.
HEATING CARS WITH STOVES THE CHARGE,


OUTCOME OF THE ACCIDENT TO THE NEW.
HAVEN ROAD TRAIN IN THE PARK
AVE. TUSSEL-MR DEpEw GIVES
BAIL AGAIN.
| The investigation by the Grand Jury of tts
disaster In the Park-aye. tunnel on February 20
resulted yesterday in the handing in Of an in
dictment against the twelve directors Of the New.
| York, New-flaven and Hartford Raicoad Com
pany. The Grand Jury did not charge man.
| slaughter, as the Coroners Jury had done, but
| charged that the directors had committed a mis-
! demeanor in having cars of the road heated by
| stoves instead of by steam hot water, or hot
air. as is required by Chapter 616 Of the Laws
| of 1887.
The Grand Jury filed into Part Of the Court
of General Sessions soon after p m yesterday
| and the foreman, AKIN j. Cameron handed Q
bunch Of papers to Judge Fitzgerald. The Grand
Jury then left the courtroom. Among the
papers was true bill against the following,
who compose the Board of Directors Of the New
Haven road: Charles p. Clark, president, New
York; E. NJ. Reed vice-prcsident, New-York.
Wilson q. Hunt. New-IIaven t. ii. Trowbridge,
New-Haven; w. ID. Bishop, Bridgeport; Henry G.
Robinson, Hartford; Joseph Park, New-Yorks
Henry S. Lee, Springfield; Chauncey VI. Depew.
New-York Nathaniel Wheeler. Bridgeport; WILL
lam Rockefeller, New-York, and Leverett Brain
crd. Hartford. The indictment begins
On February 90 1901, the Ncw-York. New-Havcn
nS %e po had snd E was anS ,f
organized and existing under and by virtue OF the laws
year Aforesaid and at the time Aforesaid the said cor,
portion did operate, maintain ana use certain steam
as the New-York, New-Iavcn and Hartford Railroad
and at all times aforesaid the said steam railroad OK
tho New York, NewlIaven and Hartford Railroad COM
pany and yet is doing business I'm this State and In
the city and county OF New-iork aforesaid. In the
veyance and transportation Of passengers and freight
In by over and along certain line OF railr9sd; .,s
and upward, being within this State and portion, 20
wit ten miles thereof and upward being also within
the And sad on sg the ana ssa sSa9y a 0 day Of February
aforesaid, the said Charles p. Clark, late Of the cty
ard county Aforesaid was the president and director
T. If. Trowbridge. W: D; Bishop Nathaniel Wheeler.
NJ Depew, II. S. Lee, William Rockefeller and t.eyerett
Hranerd oil late OF the city and county aforesaid were
p Clark as such president and director and the said
men, directors, being and composing the board Of d.
charge, control and supervisor Of the equipment, man
agenent and operation Of the said railroad and
railroad for the purposes thereof aforesaid and,
among other things, OF the heating OF the passenger
cars comprising the passenger trains OF the said steam
railroad, and haueo " Aforesaid. aud
particularly of the heating OF the passenger Of
the said steam railroad for the conveyance ana trans
portaton OF passengers n by over and along the sad
and county Of New 'S York. H. ''''O'' "'''D'
And the said directors, on the said Goth day Of
county aforesaid, did unawfully heat the passenger
cars of the said steam railroad on other than mixed
ing divers passenger trains then and there run hauled
used and operated by the said steam railroad, by the
Of tlen the said Charles r. Clark, Wilson G.. Hunt,
f. H. Trowbndge W: d. Bishop Nathaniel Wheeler,
Chauncey N. Depew, Henry S. Lee, William Rocke.
eler and Lcverctt Bralned for the conveyance Of
sengers in by and along the said line Of railroad,
and ln by, over and along thai portion thereof
lying within the city and county of New-York aiore-
said passenger cars Of and composing the same as
Aforesaid being to the Grand Jury Aforesaid unknown
senger to be heaed-not for temporary
Of accident or other emergency but the regular and
usual method OF heating such cars while the same were
In actual and service and being hauled and as
aforesaid and in notion by means OF stoves kept inside
OF such cars, OF the said having been or be-
ing then equipped with APPARATUS to heat by steam,
hot water or hot air from the locomotive hauling or
drawing the same or from special car against the
form Of the statute in such cases made and provided
and against the peace Of the people Of the State Of
New-York and their dignity.
There are seven counts to the indictment, which
is an exceedingly long document. The first
| charges the corporation, the New-YorlS, New
Haven and Hartford Railroad Company, and the
twelve men as directors of it, with heating the
cars of the road by stoves, instead of by the
means prescribed by law. The are held
responsible for the violation of the law having
general charge of the road, its equipment, etc.
| The second count holds the twelve men re.
sponsbe as individuals for the offence.
| The third count declares that the corporation
violated the law and that the men as directors
aided and abetted the corporation in its act.
The fourth count charges the twelve indicted
men as individuals with aiding and abetting the
| corporation in its use of the car stoves
The fifth count charges that the men as in
dividua.s controlled the management Of the New
| Haven Road. which heated its cars by stoves
| The sixth count is duplicate of the fifth, ex-
| cept that it accuses the men as directors.
| The last count says that as individuals the
directors caused the railroad company to run cars
which were heated by stoves
The penalty for violation of the law is i'm
prsonment for from one day to year, fine
of from 81 to $500, or both.
Chauncey N. Depew was the first director to
surrender himself. Shortly before p. m. he and
Cornelius Vanderbilt came before Judge Fitz-
gerald. at his chambers. in the General Sessions
Building. The Judge fixed bail at $4,000, and
this was furnished by Mr. Vanderbilt He
qualified in 800 900. giving security his house,
No. West Fifty-seventh-st.
Lucius Tutt!e. general manager. and w. d.
Bishop, jr secretary, of the New-IIaven Road,
were asked by District.AttOrney NicolI to give
bonds to appear as witnesses. Austin Corbin
signed Mr.. Tuttie's bond for $1,000. The other
men will no doubt appear to give bail to-day or to-
morrow.
A STATEMENT BY MR. DEPEw.