The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-04
The Public's Dividend.
NHE action of the New York
grand jury in returning an
- Indictment for manslaughter
ngninst Johp NJ NNisl<er the

"~HE action of the New York
grand jury in returning an
- indictment for manslaughter
against John NJ. Wisker, the
engineer of the train which ran into
another train recently in the Park ave-
nue. tunnel, causing many deaths, and
in not returning an indictment of the
| New York Central Railroad company
or any of its officials for contributory
negligence has excited adverse COM
| ment The negligence of the company
in maintaining the tunnel for years
in condition notoriously bad was
clearly shown in the investigation be-
fore the coroner's jury and it seemed
from what was there brought out that
censure of the company, at least, was
to be expected of the grand jury
District Attorney jerome has issued
a statement calculated to exonerate his
Office from blame for this apparent
| miscarriage of justice. After quoting
the law under which the grand jury
| acted, and stating that it was fully
| explained to the grand jury by both
himself and his assistant directly in
charge of the case, Mr.. Jerome con-
tinues:
"The conclusion which | had individ-
ually arrived at was that the system of
signals employed by the New York Cen
trail Railroad company, under the con-
ditions existing in the tunnel, was rad
ically defective, and that the operation
Of the Harlem line with such a system
of signals, under the conditions prevail
ing in the tunnel, constitutes the MAIN
tenance of public nuisance and that
the corporation maintaining such
system should be indicted for MAIN
tanning a public nuisance, to the end
that the court might make an order
requiring the sheriff to abate such
nuisance. l personally also reached
the conclusion that it was a question
of fact whether or not the death of the
persons killed in the tunnel was proX-
imately caused by the defect in the sig
nal system, and if the deaths We're
caused by the defects in the signal
system and the maintenance Of this
signal system constituted a public nui
sance, that then at least certain rffi-
GERS Ol Tie corporation were guilty VI
manslaushter in tile first degree. But
before the grand jury could find this to
be the case, it was necessary TO satisfy
them beyond all reasonable doubt that
the defects in the signal system We're
the proXimate cause of death. 1t was
not enough that the New York Central
Railroad company had been maintain
i,,f, fn, Il hive sion nn1
and that any day serious accident
might happen as the result of the main |
tenance of such system, but it must
have been found aflirmatively and be-
yond reasonable doubt that this par
ticular accident, with the ensuing |
Deaths occurred as the direct result of
their defective system" Mr.. Jerome
does not say but we infer that he be- |
lieves that the grand jury would have |
been justified in so finding.
The refusal of the engineer to testify |
before the grand jury doubtless weak |
ened the case against the company; and |
if he should be convicted, sentenced |
and later pardoned or substantially |
recompensed there would not be want |
ms iiihiS VI u SSl-pp Vi ii-N-tp SuNi 90
have been known to occur in other COM
munities where great corporations We're
in jeopardy. That there was one in this |
case cannot, however, be proved and if
suspected the suspicion cannot be
voiced There is some consolation,
however, in the fact that steps are
now being taken to make this par
ticular stretch of railroad as safe as the
best skill with unlimited capital can
make it. That will be the public's divi-
dened on the frightful tunnel disaster.