The sun., 1902-02-04
DISASTERS GO TO GRAND JURY
CORONER OUT or THE EXPIO-
SION, MR.. JEROME THINKS.
writes 10 Tell Him That Hell Have No
Prisoners TO Deal with -Grand Jury
toTxke Up the Dynamite Explosion This
Week, Tunnel Collision Next Week.


Week, Tunnel Collision Next Week.
In charging the February Grand Jury
in General Sessions yesterday Judge Cow
ing said that IL would fall to the jurors 10
investigate the Park avenue tunnel collision
and the Park avenue dynamite explosion.
He said:
II you find criminal neglect on the part
OF any person or persons. do not hesitate
X re- h bs nS SS
ished, 1t Is important In a city like ours
that r. duty of the nature here contem-
form IL, and II he fails to do so he should
be made TO understand that he will be held
nesec iof death 6e ssSSd ss
All crimes should be punished but these
generally have taken cognizance OF them.
These disasters have shocked the public
and made them fearful and sose ShS
be impressed with that fact.
D., IL they had knowledge OF this neglect.
Il they were advised OF these things, tnen
they were just guilty as II they. stood over
the powder magazine or held the throttle
81 one OF thSse c9lliding trains when az one
Marshall C. Lefrerts is foreman Of the
Grand Jury. District Attorney Jerome
expects to take the explosion before the
Grand Jury this week and the collision
next week.
MIR. Jerome has written TO Coroner Solo
mon Goldenkranz to the effect that the
Coroner will have no prisoners to-day at
the adjourned inquest on the explosion
victims. Ira T. Shaler. Foreman Bracken
and Mon McGrath. laborer. we're arrested
and arraigned before the Coroner just after
the explosion, but McGrath has since been
rplaQQad hahaaa
The other two are under $4,000 bail. Mr..
Jerome bases this view on Corporation
Counsel Rives's opinion. A clerk brought
him a message yesterday from Coroner
Goldenkranz asking IL he would be present
at the inquest to-day. Mr.. jerome wrote
In reply;
shall not be present or represented at that
inquiry. because in view OF MIR. Rives's opinion
G r1n bors
expect to submit the matter 70 the Grand
Jury this week do not zee that can 6eS be Of
Ias ION, iGf yoa viii nd q the Ssi Following: M ~
-First.The Coroner has power TO issue q
son proYded yHi sH1 he s not in Well
subsequent thereto But such warrant can
examination Of the Informant or complain
ant, or from the evidence taken on the IN
TO believe that the person for whom the war
rant issues IL chargesble with the killing or
wounding under investigation.
Whenever, therefore, the person is already
in custody at the time OF the issuing Of the
Coroners warrant, he should be brought for
ea.Ri9otoa esio5s rSss s soSn 7s Of
Code OF Criminal PROCEDURE. In such a case
the proceedings before the Coroner should
Of the inguisition taken before the Coroner
and OF the testimony returned herewith
should be furnished 70 the MsEisttr1s.e, 1T 1., p1rii
Procedure.
sons for whom you issued warrants In con-
nectlon with the Park avenue tunnel disaster
had already been arrested by the police OF
This oity and were IN confinement S ant. ln the
psa appear. Z i Mr RiSsrss opinion Be- sound. that
d prisonsrs @ Seiofe a CITY Mssstfst. and not
before Coroner. and that the CITY Masistrate
was the proper person to admit them 70 bail
When these prisoners are arraisned before
a City Magistrate. II viii then be necessary
for me 90 appear. and while am az all times
that in the absence Of prisoners this once
can be OF any service to you In this matter
The arraignment OF prisoners in homicide
cases before a Police Magistrate instead of
before a Coroner will be a departure from
existing customs, VIII IL notG Mr. jerome
was asked.
80 il seems replied the District At
torney.
sWil these three in question now be
arralgnsd In the police courtf'
Il assume that the police will do their
duty"
The time set for ths inquest this morn
ing l. the same as that set for the proceed
ings in the police court when Coroner's
Clerk Murray IL TO charge the District
Attorney with having committed a felonious
assault on him In Coroner GOldenkranz's
courtroom IL he can make out such a charge
Murray thinks that assault ON public
oficial on duty IL felonious. The District
Attorney says Il Isn't unless grievous bodily
harm results IL was said AT the Coroner's
offioa that Murray Was not on duty Ia DR.
tioldsnkranI's court and should have been
Ia another part Of the ONCE