The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-14
SEVEN DYNAMITE INDICTMENTS
MANSLAUGHTER IN THE FIRST
DEGREE IN FOUR CASES.
Contractor shaIcr and Three OF fhs
Men Accused OF Causing Deaths
While Committing M~isdemeanor Cty
officials Are Accused OF Neglect.

- Nt VI
while Committing Misdemeanor city
OniciaIs Are Accused OF Neglect
Seven men were indicted yesterday
by the Grand Jury as a result OF the dyna-
mite explosion on Jan. 20 on Murray Hill
which wrecked property and killed hve
men Four Of the accused are indicted
for granddaughter In the first degree, the
maximum penalty for which is twenty
years in prison. The indictments are;
Major Ira A. shaler, the sub-contractor'
in charge Of that section OF the tunnel, TOT
m%anslauehter in the first degree and illegal
storage of explosives.
Civil Engineer Ernest G.. Matheson, EN-"
ployed by Major Shaler, manslaughter IN
the first degree and illegal storage OF eN-
plosives.
Joseph Bracken. one of Major shaler's
foremen. manslauRhter in the first degree
and illegal storage OF explosives.
Moses Epps, negro poNderman In charge
OF the dynamite shanty. manslaughter in the
first degree.
Civil Engineer Charles Z. Fraser. en-
ployed by Major Shaler. Illegal storage OF
explosives.
supt. George +. Murray Of the Bureau OF
Combustibles in the Fire Department. neglect
of duty.
Inspector Safnuel wesley Smltn, W Ne
under Supt, Murray. neglect Of duty.
Mr.. shaler was held in 5000 bail by
Judge Cowing, who paroled the other
Shaler employees in the custody OF their
lawyer, Vernon NJ. Davis, until to-day.
Judge Cowing said that the misdemeanor
charges would require 81 600 bail and hat
he would set bail on the manslaughter
indictments at 5000.
A warrant for the arrest OF Supt. Murray
and Inspector Smith was given 70 Detec-
.tive-Sergeant Cuff. who was told that he
need not serve it until this morning. The
others reached the bail departments OF
the District Attorneys Office by 4 o'clock
DR.. Louis l.. Seaman Of IS West Thirty
first street accompanied Mr., Shaler and
went on his bond. Or. Seaman, who has
returned from China. vas a Surgeon
Major in the First Volunteer Engineers
which went TO Porto Rice n Shaler
was a Major in the Third Battalion. DR.
Seaman and he are Cornell graduates.
Mr.. Shaler had nothing to say. but DR.,
was indignant. +Shaler,' said
he, had the reputation OF being the best
engineer and the most careful man in the
regiment at Porto Rico and Mr.. Parsons
as much for him in connection with the
Rapid Transit subway, He wouldn't be
guilty OF a violation of the AVIS
Mr.. Fraser was the civil engineer in
,harge Of the Shaler section Of the sub
way. He was away on his wedding trip
when the explosion occurred and Mr..
Matheson was temporarily in charge.
DR.. Smith said last night that he was
rery much surprised to hear that he had
)een indicted. His duties as a surveyor
or the Bureau OF Combustibles, he said,
compelled him to make frequent inspections
IN the East Side of the city, between Tenth
II T.f.,, n.Atl 81 rAata and tupn Aa xa /
the explosion he inspected the Forty
.econd street powder shanty' and found
,nly fifty pounds OF dynamite there. DR..
said he didn't see why he had been
the storage of more than sixty-two
pounds of dynamite a day in a building,
n violation Of the Fire Commissioners
regulation.
The indictments for granddaughter in
he first degree are based on the first clause
If section is9 OF the Code relating TO homi-
tide committed, without intent to kill,
by a person engaged in committing or
TO commit a misdemeanor
the person or property either OF
person killed or of another. The mis-
iemeanor relied on TO make out this charge
3 the misdemeanor OF storing an unlawful
OF Of dynamite. The question has been
aised whether the Rapid Transit act does
lot override the Fire Department regula-
ion and allow the subway contractors
o have on hand each day whatever amount
II dynamite il needed for that day. Cor
Counsel Rives has declined to
write an opinion on this question and has
eft IL for the courts to decide. District
Attorney jerome has gone on the theory
hat the Fire Commissioners authority
final. II il isn't. there is no case against
,upt. Murray, DR.. Smith and Mr.. Fraser,
md nothing more serious than manslaugh-
err in the second degree against the others.
Homicide by culpable negligence merely
5 manslaughter in the second degree and
nay be punished merely by. a fine. Thu
higher degree is punishable by imprison-
nent only.
The indicted men will be on to-day's
alendar for pleading before Judge Cowing
n Part |. OF General Sessions. District
Jerome said hat the Grand Jury
would probably not get at the Centrals
unnel collision before week after next.