The daily morning journal and courier., 1902-01-11
CASE OF ENGINEER WISHER
CANNOT BE CHARGg ED WITH MUIR
 DER IN FIRST DECREE.
After Thorough lnvesttSntion-A Charge of MansIaught tier in the Second Degree Proper-The Investigating Trip of the State and County Officers

New York, Jan. 10.-After the inspec- l tion of the Grand Central tunnel to-day
 by the district attorney and others, District Attorney Jerome announced
 that he would not oppose an applica-
 ton for the release of Engineer Wish
 CT on s10,000 bail. This action. he said.
 was the result of the investigation
 which showed the authorities that a
 charge of murder in the first degree Ecould not be made against the engineer
 for the wreck in the tunnel. The iacharge that could be made he explain ed, was manslaughter in the second ! degree.
 I yThe Investigating trip of state and
 county, officials was started this morn-
 ing. on special locomotive fitted with Iinclosed observation platforms, to in spect the lights and the various sys- tems of signaling The party was com posed of Assistant District Attorney Garvan, State Railroad Commissioner
 Baker, Inspector Schultz of the state railroad commission; Manager Frank lin, of the Harlem division; c. C. Paulding, of counsel for the New York Central; Chief Kintsch, of the signal system, and a Mail and Express re- porter.
 A feature of the trip was the failure of a test torpedo to explode when placed on the trock near Fifty-eighth street.
 The party left the Grand Central station at 10:05 o'clock Engineer Will liam Bailey had charge of the throttle. The state and county officials occupied seats on the engine.
 Just before the engine drew out from the station Colonel Baker said that the party would go through the tunnel to Mott Haven, examining the system of switching and signal operation and re- turn on the same track on which the accident occurred Wednesday morning.
 When the party started the atmos phere was murky and the conditions in the tunnel, so far as smoke and soot were concerned, were similar to those on the morning of the accident Before the party had proceeded far the sun came out and the atmosphere cleared considerably.
 The investiga ton took three and a half hours, Instead of going only as far as Mott Haven, it was decided to take the observation engine to White Plains. On the way stops were made at various signal towers and Chief Kintsch was subjected to rigid ques tioning by Inspector Schultz.
 When the White Plains yards were reached the yardmen, station master and signal men were brought before Assistant District Attorney Garvan and the state commissioner and made de- l positions as to the time the train which | caused the wreck, left the station. | They were also questioned as to the | condition of Engineer Wisher on that | and as to what they knew of | him.
 On the trip out the tunnel was re- free from smoke until Nine ty-sixth street was reached, when the [ smoke and soot were so dense that one could not see out of the windows. When | the Investigating party reached the tunnel on the way back to the station. the observation engine was switched m track No. ?, the same track taken by the wrecked train on the morning of the accident