New-York tribune., 1902-03-04
FROM \ GRAND JUROR.
FRNN 7 GNNND IT ROK.
SAYS MUCH RESPONSIBILITY OF THE DISAS-
TER IN THE TUNNEL RESTS ON RAIL
ROAD COMMISSIONERS
the Editor of Tho Tribune.

To the Editor ~ Tho Tribune.
Sir Arropcs Of the action ~ the February grand
jury upon the disaster in The New-York Central
tunnel which has brought much adverse criti-
cisu-not merited or iustfahle in the opinion If
the writer who was a member and secretary Of
that body.
No more painstaking conscientious and indus
trious gentlemen could be found than those who
served their fellow citizens grand jurors during
last month and the last week devoting II wholly
10 the consideration Of the terrible tunnel dsas
tor Of January Thirty-sN witnesses
amined and attentively listened to; all grades of
officials and employees OF the New-Yo-k Central
from the president down to the fireman, were
examined with greatest care, and the District
Attorney given every opportunity TO present
any and all evidence in his possession bearing
upon the case which the grand jury believed he
did most efficiently, and only after most careful
deIiberation and fullest discussion did jurors
arrive at their conclusions by safe majority, and
subsequently, make their report TO the court
The writer cannot with proprety say anything as
10 the character OF the testimony presented by the
District Attorney. except that there has no
adduced in the opinion of the majority of
the grand Jurors that the railroad company how
ever negligent and dilatory it may have been in
its methods Of tunnel supervision. especially as
to signals. did violate any law, and hence IL would
be futile and unjustihahle proceedings to indict
the railroad officials simply because of public
camor.
submit. Mr. Editor. that it is hardly right and
iugs are not in accordance with their expectation
and demands. The law limits the consideration of
evidence by grand jury to legal evidence and also
their actions controlled by law. The public
whom they served and their critics ham
pered in that way. The jury according to their in
structions by of the most learned judges. His
Honor Judge Cowing, must refrain from blockadinS
the business OF the court by hnding indictments
that would have little chance Of being sus-
tained by the court: the grand jurors well as
other petit Jurors must be convinced beyond a rea-
sonable doupt before finding indictment i'm one
and verdict in another case. The writer did
caly in Wisker case, but. unfortunately, they
did proVail-ths is much be said in
reference to their action.
Many members OF the grand jury regretted the
of jurisdiction over the State Railroad Com
missioners From the writer's point of view much
rests upon them-they and they alone have had
and have the most adequate powers to compel the
railroad company TO improve make al changes In
signalling or IN anything ana everything pertain
ing the running of trains in the Park-aVe. tun-
mel for the interest and protection of the public.
Not even a suggestion has this Railroad Commits
sion offered any time prior to this terrible aC-
cident the company, and ii only after the
disaster that this high salaried body, composed of
Hr,jrcnt Gentlemen aud well known in DoIitics ~
| this State submitted their report of the investi-
CATION of the tunnel accident and IL then they
ly placing the blame upon the agement Of the
railroad. From the point of view or some grand
mission i'm Censurng the New-York Central Rail-
read negligence and derelction has really in
dicted ltselt TOT naNIlS petnltteu that deTeHcuoh
The cry that the February grand jury has exon
Grated the New-York Central from all blame and
| negligence is only true as to the violation of the
law. The unanimous opinion OF all Is that prompt
! measures which will diminish the chances OF an
other disaster in that tunnel should be Immediately
taken. and there is one authority that could com
pei the speedy ameoraton OF the conditions exist
| ing. viz the State Railroad Commssoners ion T
| Neu--YorL March 1000