New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-31
MR.. DEPEW a WITNESS AGAIN.
THE GRAND JURY STILL AT WORK ON THE TUN'
MEL DISASTER.

MEL DISASIEh'
The Grand Jury continued its investigation OF the
tunnel disaster yesterday, Chauncey NJ Depe" oelhs
the chief witness. lie remained in the Grand Jury
room for about an hour. Afterward the Grand Jury
came TO Judge Fitzgerald for Instructions The lore
man. Alpine j. Cameron, handed the Judge paper
Judge Fitzgerald read it and answered;
Tn Wow of the questions submitted to the court when
are directed mainly to the construction OF Chaper clo u
the Laws OF 1887 ! will cndeavor now TO give you sucH
information as YOU desire 1t IS scarcely necessary fof
me TO say that the OF the State presume metols OIL
enforcement and where. "a IN this act Two lotH9 VI p
atty are provided, the intent ana object O inc
must necessarily have been to secure by ali Hcuhoua
odross and protection the community Under one oil
the sections OF the statute provision Is Maue lor inc
recovery of penalty by action 10 DC Drought III .e
civil courts Then another section OF the act pOVuo9 Id'
uerson or corporation guilty Of violating IT, Is haDe 70
no nunished for mlsdcmcanor The penal code IN this
state is very broad its provisions to secure the punish
ment Of all persons who are in any way chaGeaoc WIN
an offence 49,,
II defines q principal the commission OF crime as
narson concerned IN the commission Of IT, whether he
directly does constituting the offence or aus anu
abets the commission whether present or ABSENT Vi
norson who directly or Indirectly ccunses or INDUCES 70
49, oroisston ia a principal Now. In relation 10 the
matter OF directors which inquiry Is addressed II
these persons control the management OF THIS foau IL Is
bo dutv TO see that requirements OF the "a" iof The
,tv NJ the travelling public are fulfilled Ii hey lai
in thai they are responsible. and there shouu Dc no
sancv on the part the Grand Jury IN acths against
oay person concerned in tho commission OF crime.
There is no provision by which foreign COOPERATION can
b hold crnnaly liable. But the purpose Of the Ia" Is
tat SOM. person shall be responsible. DO those people
control the management Of this road? II they foil to Nr'
form the clear duty imposed upon them ~ the statute an
indictment should be found
And let me say further that while IT Is proper in cases Of
rorss Ct high standing the community having charges
a. criminal character made against them great care should
bo exercised and at time IL + equally necessary
ot the law should enforced. The Grand jury should
~ A. This matter I'm the light OF the instruction given them
Inv the Court and the facts warrant indictments lhaict
mcnts should be found.
Grand Juror would like 10 ask your Honor 70 De II
,e little more explicit In giving direction m reference
20 the questions propoundcd
Iudge Ftzecrald-I will read the question Now, as
summing that this has been violated and that tho learned
Is correct pronouncing the money
arr, not cbargoabe upon any person but the corporation
only is the nisdemnor penalty chagabie upon any ether
,n the corporation OILY for and the same oAence"
yor,a answer that the misdemelnor penalty might be
| chargeable upon any person
A. 10 your second question Assuming that corporation
can he found guilty midemeanor and that the laid act
. iss7 has been violated directors be- charged with the
,eo1ncanor penalty time that they are not
cb,rqeabe FOR money penalty ther,forl' They can
~. made answesbe under that section TO which called
| your attention
| The Grand Jury then retired to its room again and
| continued its deliberations.