The sun., 1902-03-02
SINGLE TUNNEL INDICTMENT.
JEROME COULDN'T GIVE GRAND
JURY WISKERS EVIDENCE.
They Had All That was 0btainabie. and
They Found II Not Enough TO Indict
Onleiais On Little Chance That a
Petit Jury would Convict on IL.

fcut jury Vouiu souNtct WI it'
John NJ. wisker. the engineer OF the
Central railroad who was indicted Friday
by the Grand Jury for manslaughter In the
tunnel wreck Of Jan. 8, gave 5000 bail
yesterday. Samuel II. Bovine Is his bonds
man.
AZ TO the Dismissal by the Grand Jury
OF the complaint against the New York
Central Railroad, District Attorney Jerome
said yesterday that It was plain that the
corporation could not he indicted for man
daughter. lie went on:
IL, however. the corporation was unlaw-
fully doing any act or emitting to perform
any duty, the result OF which act or omission
eoSsi~depsbIe @ ~ humber ere Of % psrsons % il Was guilty
Of a misdemeanor. 70 wit, a nuisance and
II IL appeared that that nuisance was CON
tinuing at the time Of the presentation o; the
case TO the Grand Jury. and the indictinent
so alleged upon conviction the Court would
have the power to order the abatement OF the
nuisance.
SO far as the officers Of the corporation
were concerned. IL they were guilty OF main
they were committing that misdemeanor.
and as CONSEQUENCE OF IT'S commlsSloh
then the SSSis gIbty 0f OF snGh IN
It's first degree under section is0. subdivision
J., Of the Penal Code ! am not at liberty TO
disclose specifically what was said by MI
Rand or myself personally to the Grand Jury
with reference to this inquiry. but can with
propriety, state that the law was so iH.y
explained to the Grand Jury. both by MT.
Rand and myself. that there IL no reason TO
beeye that any Grand Juror failed 70 under
stand exactly what the law was in this case
We presented also all the evidence obtainabls
the conclusion OF tho Grand Jury. there
fore, in not finding bills against any OF the
officers OF the roads or against the corporation
itself must be taken to mean that out OF
twenty-three men sworn TO inquire into the
matter there were not twelve men who be-
ANnH n
corporation or its officers had committed
crime.
after a prolonged al, full investigation,
was based upon quesuons of fact The
February Grand Jury was q very intelligent
body Of men, many Of them having frequently
served before as Grand Jurors, and their
foreman was an old Grand Juror and thor
oughly experienced in the discharge of ms
duties
The conclusion which had individually
arrived at was that the system oil signals
Company. under the conditions existing IN
the tunnel. was radically defective. and that
the operation of the Harlem line with such
a system OF signals. under the conditions
prevailing in the tunnel. constituted the
maintenance OF n public nuisance ana that
the corporation maintaining such system ytiia
should be Indicted for maintaining pubic
nuisance. TO the end that tho Court might
make an order requiring the Sheriff TO abate
such nuisance,
personally also reached the conclusion that
IL was a question OF fact whether or not the
death of the persons killed In that tunnel
was proXimately caused by the defects In
the signal system aud II the deaths We're
caused by the defects in the signal system
and the maintenance Of this system con-
stltuted a public nuisance. and then, at least,
certain officers Of this company were guilty
OF manslaughter in its first degree
But before the Grand Jury could ind this
TO be the case. II was necessary to satisfy
them beyond all reasonable doubt. that the
defect In the signal system was the proNimate
cause OF death
In my Judgment, however. II the Grand
Jury was satisfied beyond reasonable doubt
that the engineer did not sec the green signal
by reason OF the prevailing conditions in
the tunnel then 1t would be justified in find
ing an indictment for nanslauGhtcT against
officers of the corporation
II should be noted that the District Attorney
had no power 20 compel the engineer 10 testify
before the Grand Jury and that an oppor
tunity was afforded him TO testify fhe de-
sired to do So but his counsel was unwilling
that ha should testify.
In view Of the Intelligence. character and
standing OF the February Grand Jury. IL
twelve m en- could not be found out Of twenty
three who were satisfied beyond reasonable
doubt OF the criminal liability OF the corpora
tion or the officers of the road. IL Is hardly
to be believed that an ordinary petit jury
could be found which would be unanimous
on the same subject
Mr.. Jerome stated that the Mayor of New
Rochelle and the District Attorney Of
Westchester county had arrived at the
same conclusions as he did In regard to
presenting the case 10 the Grand Jury.