New-York tribune., 1902-02-11
SHALER HELD TO BLAME
CORONER'S JURY CONSIDERS MATHE-
SON AND EPPS ALSO RESPONSIBLE
FOR PARK-AVE. EXPLOSION.

coroner's Jury yesterday gave a verdict
holding Major Ira A. shaIer the sub-contractor
| for the subway work in Park-ave. at Forty
| frst-st., mainly responsible for the dynamite
| explosion which occurred there at noon jan
uary p and caused the deaths OF six persons
The verdict specified Ernest c. Matheson the
sub-contractOr's superintendent, and Moses
Epps, the watchman in charge Of the shanty in
which the dynamite was stored. as responsible
with Major ShaIer.
The evidence on which the verdict was based
was submitted to the jury by Coroner Golden
kranz without the assistance OF District Attor-
ney Jerome, who has been presenting evidence
regarding the explosion TO the grand jury. 1t
is expected that there will be indictments IN
the case before the end Of the week
The coroner's jury said the beginning of
its verdict that James Roderick Robertson, one
Of the victims to his death in the Murray
Hill Hotel because Of the explosion Of dynamite
in q hand magazine in front Of the hotel. The
explosive, it was declared, was in charge Of Ira
A ShaIer, a sub-contractor OF the Rapid Transit
Subway. and the explosion was caused by the
presence Of q lighted candle in the structure
containing the hand magazine" Then the
dict says:
We further find that there was an amount OF high
amount allowed BY law; Tor ali Of which We attach
First-We ind that the sail Ira A shaler. sub
SoHtFaet9or vas negligent cn the ground that ne
was stored an amount Of high explosives. exceed
GU g., 70 d1 GPLJy cIpese ON f GdpaPs 9aa eaEeL1s
on according TO law and with due regard TO human
NE and limb and the safety OF the adjoining prop
second-We attach responsibility for said expIo-
sion 70 Er1est g. Mathesoa on the ground that he
tendent on the day in question
the ground that he was in charge Of said rlaga-
zine as watchman, for permitting the presence OF
fuhf Rd lie in fhe hSffz afrFo
said magazine and also for allowing q person not
We further find that the deaths OF William Tubbs
Lawrence A E9ine. James Carr and Cyrus Adams
were due 70 the physical causes stated by the cor
oEers physician, caused BY the explosion aforesaid
After the verdict was announced Coroner
Goldenkranz said the cases Of Mr.. Shaler and
his workman Epps would be left for the Dis
trict Attorney TO deal with. both men were
under bail He fixed the bail IN the case Of
Matheson at 5000 paroling the until to-
day in the custody Of Vernon NJ. Davis, Major
ShaIer's counsel
The inquest which Coroner Goldenkranz had
been conducting was continued yesterday morn
ing, when Theodore J. Ainsley. clerk of pow
der company, testified that eight cases Of dyna-
mite. containing fifty pounds each, were deliv
cred at the powder house in Park-ave. the
Saturday preceding the explosion, and eight
cases more on the day OF the explosion.
In his charge TO the jury Coroner Goldenlranz
said:
If from all the evidence you find that Ira A.
Shaler violated the law n permitting dyna-
mite 10 be stored in that powder house than the
law allows: II IL was his duty observe that the
law respecting the storage OF dynamite sho'-
complied with; Z he negligent neglected TO
take the proper precautions in order prevent
explosion and if by reason of his neglect this
nI6sion took place and killed these people, then
will be your duty TO find him responsible for their
death.
Coroner Goldenkranz said in closing that, II
the jury found that Epps or any other person
had been negligent, they would have 10 find him
or them responsible well.
"a
said the charge of Coroner Goldenkranz was all
wrong. The chief error, he said, lay in the fact
that the Coroner had ignored in his charge the
provision Of the Rapid Transit act, and charged
the Jury that the was governed by the
rules Of the Fire Department. when the Rapid
Transit act superseded the city ordinances.
The grand jury continued its investigation of
the explosion until late yesterday afternoon, and
other evidence viii be submitted to-day.