The evening world., 1891-03-30
Before The Grand Jury To-Day In the
Tunnel Investigation.
The Court Asked for Instruc-
tions as to Probable
Indictments.
Assemblyman Byrne Accepts the
Provisions of the Sulzer
Tunnel Bill.

The fact that the Grand Jury, which has
been investigating the Fourth avenue tunnel
disaster OF FEB. 20 in which six people lost
their lives, was about to complete its lapors,
brought large crowd of people this morning
to the corridors of the brown-stone court
house in City Hall Park where the Grand Jury
holds its sessions
Assistant District Attorney Lynn said to an
EVENING WORLD reporter thai he was almost
certain that the tunnel investigation would be
completed and the result m de known to-day.
Several witnesses are 10 be examined yet,
but who they are Mr.. Lynn would not say.
The jury began lis session this morning at II
o'clock, and as its oflc!al career must end to-
morrow, it will do with despatch what re-
mains TO be done.
Chauncey N. Depew arrived before the
Grand Jury began Its deliberations, expect
ing to be a witness to-day. Thomas A. Edi-
son had been talked of as a probable witness,
but at noon had not made his app arance.
rumor pervaded tLe Courthouse, but
could not be ofylcially confirmed, that indict-
ments have been arealy found against tine
Directors Of the New Haven and Hartford
Railroad.
The last work OF to-day's session is expected
10 be the at1xina of the signatures to the
documents that will charge the directors OF
the New Haven road with misdemeanor.
w. b Bishop, Jr., Secretary Of the New
Haven road, is on hand 10 testify to- day.
President Depew went before the Grand
Jury at II. 10, and at los he appeared in the
corridor looking thing but pleased. he
would say nothing to reporters.
At /. IS O'Clock the Grand Jury nled into Part
l. Of the General Sessions. wnere judge Fitz-
gerald was presiding.
Foreman Cameron presented paper to
Judge Fitzgerald, saying that the jury came
into court for Instructions.
Judge Fltzg'ra hastily scanned
the paper, and then addressed the
Grand Jury. His remarks showed that
the Grani Jury were in doubt aG to
the proper construction of the law bearing on
corporation and directors as to their RESPONSE
bili!y monetary and criminal. in accidents aud
the like.
Judge Fitzgerald SAID, referring to Chapter
SIG Of the laws OF 1857, that 1t was the Legis-
lature's intent to secure redress aud prote Ito n
for the community.
''The penal code is very broad" he con-
tinued, "and ls directed TO secure the pun
ishment Of all persons charged with an offense
"In relation to the liability of the directors
OF a road, II they have control and the man.
agement OF the same, they are criminally re-
sponsinle TOR all.
'Tnere should be no hesitanGy on the part
o: the Grand Jury IN acting. If they md tnat
these people have aided and abetted 10 the vio-
laiion OF this statute wUulI say that they are
inlic'able.
1t is exceedingly proper that great care
should be taken by the Grand jury In acting
on the case Of person high III
the estimation OF the community, but the
safety and protection Of the community de.
mands that the law should I've enforced.
1.-THE iacts are with you. II they warrant
indictments, they should De founu."
In answer to u question by a Grand Juror,
whether the directors OF a railroad could be
made orimlnally answeraoie for violating the
salute in question. Judge Fitzgerald said
''They can be made answerabie."
The Grand Jury returned to its room and
shortly afterward adjourned till II O'Clock to-
morrow morning.
The questions put by the Grand Jury to the
Court were:
To the Honorable, tho Codrf.
The Grand Jury, desiring to fulhll their OBJ
tEabluu uuutT OdlN W lHOul resp Ct VI ptTbOur,
but with proper regard Tor the good namc OF
any accused, asks the explicit direction OF the
Court upon ihe following questions OF inter-
prelation OF the law:
The act OF June Is. 1887, "to regulate the
heating OF steam passenger cars, &G," pro-
FlIes two penalties for its violation.
sec 3, "Anv person or corporation mot
and corporalion) violating any OF the provisions
OF this act shall De liable TO penalty OF 81, 00O
and to the turtner nenaty OF 500 Tor each and
every day during which such violation shall
continue"
Sec. 5. "The violation OF any OF the pro-
Visions OF thus act will De deemed INSIDE
meanOr."
Now, assuming that this act has been vio-
Ialed and that the learned ID strict-Attorney Is
corrtct IN pronouncing the money penalty not
enargeahle upon anv person, tut the corp Iration
0nly; Is the miSdemeator penalty charRea6le
UPON any othrr than the corporation only, for
one andt he 3 me offense?
Assuming that corporation can be found
Ral,ly OF misIemeauor, and that the said act OF
o. Mas Q n violated, can directors be cnaru ed
,or tne mIsdemeanor penalty at the same time
snal ihey are not chargeable for the money
penalty therefor?