New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-06-03
FREAK AUTO DRIVERS FREE
-CORONER'S JURY DECIDES THAT THE
ACCIDENT WAS UNAVOIDABLE.

The coroner's inquest into the deaths of An
drew Fetherston and John T. Bogert, which re-
suited from the automobile accident at the
speed trials at Grant City, Staten Island, on
Saturday. was held yesterday before Coroner
George F. Schaefer and jury Of ten men, at
StapletOn, and the automobile drivers were dis
charged. Twelve witnesses We're examined, a
majority Of them policemen of the Manhattan
force who were guarding the course during the
races. No details were brought out by
this testimony, and the witnesses all agreed that
the time between the first swaying of the racing
freak and its final crash into the edge of the
woods had been so short-not more than three
or four seconds-that it was nearly impossible
60 give details After celebrating forty-five
minutes the jury brought in verdicts in each
case, stating the time place and actual cause
of DEATH and declaring that the deaths had
been caused by being hit by automobile. On
the ground that ii unavoidable acct
dent and ali precautions had been taken by the
police in authority, the jury exonerated ". c.
Baker and Edward Denzer from all blame.
Messrs. Baker and Denzer were in Magistrate
Marsh's court, at Stapleton, at 10 a. m. with
Warren S. Van Slyke. their counsel. and in
cordance with the understanding reached on
Sunday he requested for the State and the de-
fence, an adjournment of the examination until
2 p. m. on Friday. This was granted. and the
defendants at once took a train for Manhattan
while Mr.. Van Slyke went the coroner's office.
two blocks away. He remained throughout the
inquest, but did not ask permission 10 cross-ex-
anime any Of the witnesses.
At the same hour that the examination and in
quest Logan the Richmond County Court was
opened for the June term. Richmond. the
county seat, and Judge stephen D. Stephens, in
charging the grand jury then convened, re-
ferred TO the accident inferentialy, but in a
manner which was well understood by the mem
bers of that body and those in the courtroom.
Without mentioning the accident directly, he in
structed the jury that il had the power and it
was its duty, if any member of the body had
knowledge Of any occurrence or other affair
which he believed required investigation and
indictment to make such investigation and nnd
such indictment as the facts warranted, even
though the affair not brought 10 their at
tention through a complaint made in a lower
court or by the authorities.
It expected that the grand jury would
take up the cases tomorrow Wednesday,
and that District Attorney Edward S. Rawson
would present the evidence. 1t was learned last
evening that this plan may be abandoned and
that the District Attorney might not take the
initiative Judge Stephens said that the grand
jury would probably end its regular business to-
day. but that he had decided to hold ii in ses-
sion until Wednesday, June IL He added that
he deemed il the part OF wisdom not TO proceed
TOO hastily, that nothing should incite public
feeling at this junctUre; but that If il should be
deemed best by any person or persons to take
some action relative TO the accident and the
deaths opportunity should be given to do So
If the grand jury for the term should be dis
charged this afternoon, there would be no
other grand jury in the county until next Sep
TENDER.
The funeral Of Andrew Fetherston, one Of the
victims, was held yesterday from st. Peters
Roman Catholic Church. New Brighton, and
attended by five hundred people including
many old and prominent residents of Staten
Island. The members of Robert G. Shaw Post
Grand Army of the Republic. and the lodges of
knights of Columbus. knights of Pythas and
Ancient Order OF Hibernians, of which he was
a member, attended in q body. The funeral of
John T Bogert viii be held this afternoon at
the Moravian Church, Casteton Corners. Of
which he was a member.