Evening journal., 1891-04-01
THE MAGMA ES INDICTED
Depew and Other Big Railroad
Men in Trouble.
CHARGED WITH A MIsDEMEANOR.

JAAAaQ4O WI u n mlbD1ilLhHO OI,
rhe Grand jury at New York Holds Them
Responsible for the Central Tunnel
Horror for the Reason That the Cars
Were Not Heated by steam.
NEW YORK, April las result Of the
grand jury's investigation into the Fourth
avenue tunnel disaster, in which the lives
of six persons were lost, the president, vice
president and directors of the New York,
New Haven and Hartford railroad were
| yesterday indicted for misdemeanor.
The grand jury finished its labors early in
she day, and fling into Part I of the court
IF general sessions handed up the indiet-
nent to Judge Fitzgerald.
The Indicted Men.
The court room was crowded when Clerk
Hall announced that true bill for misde-
meanor had been found against Charles J..
Clark, president, New York; f. NJ Reed,
vice president, New York; Wilson G. Hunt,
New Haven; t. II. Trowbridge, New
Haven; w D. Bishop, Sr, Bridgeport
Henry G. Robinson, Hartford; Joseph
Park, New York; Henry S. Lee, Spring
ield; Chauncey NJ Depew, New York;
Nathaniel Wheeler, Bridgeport; William
Rockefeller, New York, and Leyerett
l3rainerd, Hartford.
The crowd ia the court room was com
posed largely of the same gathering of
prominent railroad men which has charac-
erized the proceedings in the case against
The directors Of the New York, New Haven
md Hartford Railroad company. DIR. De-
pew was present, and Lucious Tuttle. w.
D. Bishop Henry G. Robinson and Ma
thaniel Wheeler were grouped in a corner
IF the court room, and when the clerk an
aounced their names they nodded signifi-
eantly at each other.
The Indicted Men Confer.
When the court room had been cleared
the railroad men held short consultation
in the corridor Of the court house, in which
Mr. Depew took lively interest. and then
they were closeted for a brief period with
Assistant District Attorney Lindsay.
The private conference was in relation to
The coming arraignment Of the railroad
magnates which the assistant district at
torney informed them he would make as
little humiliating as possible. Mr.. Depew
also explained the great Inconvenience
and delay the coming proceedings would
necessarily involve, and asked his indicted
colleagues to suggest the easiest and most
practicable way to end the affair Mr..
Lindsay maintains that the usual proceed
ure in such cases should be carried out.
Indicted in Two Capacities
Immediately after the Indictment was
read By Judge Fitzgerald his honor
thanked the grand jury and complimented
It upon the excellence Of its work The
indictment is a voluminous document and
covers over a score Of pages of closely
written foolscap
The indictment contains seven distinct
counts, charging the twelve persons men
TONED first as directors and again as indi-
viduals. The instrument is sweeping in
its charges and is said to leave no loophole
Of escape. The remaining counts charge
that the corporation committed the offense,
but that the twelve men, being directors,
caused aided and abetted the corporation.
The fourth count is similar to the third,
except that the charge is against indiyid-
uals.
The Deadly Car Stove.
The fifth count does not refer to any par
ticular railroad corporation, but alleges
railroad and heated its passenger cars with
fuel in stoves. The sixth count charges the
directors with permitting the trains to be
heated by stoves, and the seventh and final
count with running the "st%pm road" as
individuals
The indictment recites that the "steam
road" is fifty miles long, twenty-six miles
of its length are located and operated in
New York state. This brings the road
under the jurisdiction Of the state authori-
ties, as the road is Incorporated and char
tered in the state of Connecticut
The Gist of the Indictment.
The indictment says that the directors
did cause, procure, suffer and permit the
said passenger cars to. be heated-not for
temporary use in case Of accident or other
emergency, but as the regular and usual
method of heating such cars while the
same were in actual use and service. and
being hauled and run by means of stoves
kept inside of such cars, none of
the said cars having been or being
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 statue in such cases made
and provided, and against the peace Of the
people Of the state Of New York and their
dignity. And the grand jury aforesaid by
this Indictment, further accuses the said
directors Of the same misdemeanor"
District Attorney Nicoll has already
made arrangements with counsel for the
indicted directors and in all probability
they will appear today and furnish bail.