New-York tribune., 1902-03-02
ON WISKER'S CASE
HE TELLS WHY ENGINEER WAS ONLY
ONE INDICTED.
PERSONALLY HE THINKS NETWORK CEN
TRIAL SHOULD BE INDICTED FOR
TUNNEL NUISANCE.

for the disaster in the Park-ave. tunnel.
rendered 10 the District Attorney yesterday.
He was accompanied to the District Attorneys
Office by his counsel. Frank Moss and by
Samuel W Bovine, who is in business at No 400
Pearl-st.. who his bondsman.
Judge CowinC later admitted Wisker to 5000
hail, bonds being furnished by Mr.. Bovine, who
gave his house. No. - West Fifty-seventh-st.
as security. Mr.. Wisker said that he in
Hoboken last night visiting his mother who is
seriously H.
District Attorney Jerome issued the following
statement yesterday:
Inasmuch As there seems TO be some misappre-
ne1sloh on ne I3rt 2i ne press IN fsearG u 10 tne
enoe 10 the collision in The tunnel and the pro-
ceedngs taken by my office subsequent thereto. |
those who control the press of this city may un-
eerstand exactly what mas 9Sen @ done py ths 81 81
primary object is that What actually occurred may
il to the end thai criticism that may be maue
IN this case may be based upon the real facts
on the termination OF the inquest before the
coroner I assigned Mr.. Rand to the investigation
VI %th f him in regard to @ it We nade ss sear5hns
an inquiry as We We're capa Ole OF. ana Garet4iI. l
examined all the questions OF fact and Of law that
First-As 70 the criminal liability Of the cor,
poration and its officers Section l79 Of the Penal
Code defines homicd. follows: Homicide is
the killing of one human being by the act procure
ment or omission Of another nder TINS deiini-
coulo nor ne lndlcteo Tor II, no." w,
ever. the corporation was unlawfuHy doing any act
which act or omission endangerng the
health safety OF a considerable number of per
sons il was guilty of a misdemeanor under Section
3s5 Of the Penal Code-to wit, a nulsance-and II
II appears that that nuisance was continuing at the
time OF the presentation of the case 10 the grand
!ury ana oile liaC i en- 80 eer ~ order the
abatement Of the nuisance SO far as the ofhcers
ed While Lev We're committing the same and as
q consequence OF its commission then the officers
guilty OF committing such a nuisance We're liable
fST N N the the penal fS1 perfe Gade under section
Secund-As 10 the liability Of the engineer n as
a matter Of fact the engineer was negligent In
tne Discharge OF his duty. and result Of such
s., Td serTior IS snbdiyision l. Of the Penal
Code contains the following definition: ~ Each
of the terms neglect. negligence negligent and
the nature Of probable consequences of the OF
omission n as as & prudent man ordinarily 0esto"s IN
FourtI-The question before a grand jury is diff
magistrate simply determines whether crime has
been committed and there Is propaole eause to pc
live the defendant guilty OF IL The grand Jurys
action is follows:
The grand jury ought to md an Indictment Son con
cedure this when al the evidence before them them;
II unexplained or uncontradIcted warrant a CON
Of Criminal Procedure provides: "A defendant in
criminal section is presumed TO be Innocent until
the contrary is proved. and in case OF reasonable
doubt whether his guilt is satiSfactory shown he
seen that a grand jury has no right indict what
eyer their opinion may be unless the evldence sat sat,
Of 1he person charged. -.
ttsation Nj Rand and myself laid before the grand
.ury all the evidence obtainable am not al I'D
Rsnd and myself personally TO the grand jury IN
reteLenee 10 me nqurs' % put an M ie5 ~ tbs
grand jury both by Mr. Rand and myself that there
% understand exactly what the Law was in this
IN not tading bills against the oficeTs Of the road
against the corporation itself must be taken 10
svs = Is hat bTon6 reaonable doubt the cor
or IS IA a
other words, the grand jury decision after pro
questions Of fact, The February grand jury was
their foreman was on old grand juror and thor
The conclusion which had individually arrived g;5i
- M@S It g syse iad 06 Gon1any 'nndeT the
conditions existing in the tunnel was radGeily de, De,
with such a system Of signals under the condi-
poration maintaining such a system should be in
e enc that TT the court might make an order requiring
ne Ssitl d - re w norc5eon tbaf r. was question
of fact whether or not the death OF the persons
killed in that tunnel vas proximately caused by
the defect IN the signal system. and II the deaths
were caused by the deIeGts IN me Sigha y, sysuTih
tuted public nuisance, that then at least certain
Slaughter in the frst degree But before grand
5ur could ma ms ms 70 od 2e ne ali reasonsbie doubt
that the defects the signal system were the proX-
NeW-York Central Railroad Company had been
maintaining for many Years defTiSe ne 5pnen ga
the result Of the maintenance OF such system put
reasonable doubt that this particular accident,
with the ensuing deaths occurred as the direct re-
ton II IS proper to recall that the fireman Fyie
both before and after ne inquest 1esee ied 'at n9
In 2 loud tone Of voice the engineer, Green -
therefore the grand jury We're not satisfied beyond
reasonable doubt that the engineer ula noI see
in finding an Indictment for manslaughter against
o,<zre oF he
thar the engineer did the green signal by
tbe1 they would be justified fnding indictments
for mansla lighter against the ofnceIs iI OF uIe
torney had no power TO compel the engineer TO
testify before the grand jury g 1a ~ q. de desired to
40 so hui his counsel unwilling that ne shouIu
,es-fS, Trese are conclusions that feel at liberty
t discuss because they were arrived by as
the result OF the inquiries mace py N1f. feeiu h
grand Jury and then confirmed by the testimony
deduced there, and are not based on tht F i
dence given before the grand jury. 49,, ,6
~ rIiO Ss5 received very courteous offer Of co,
operation from the Mayor Of New Kocheile .ht dmG
icing The city and county in which the persons
Killed. resided After reaching the CONCLUSIONS above
80 Forth sent for the Mayor OF NeW-kocnelIe
80 - T,s,rIct Attorney Of Westchester County:
go +Le,, lrir5iv anne 10 my office. went over all
ci.sions that Mr. Rand and myself mad arrived a |,
snd gaye them copies Of the testimony, with the
eSpest that they 90 over the ground carefully and
would inform me If they saw any othet iohG
SnaSS ~, regard 70 the catastrophe which would
be proper submit 70 The grand 9uTy ,d mTy ~
nv of5ce and again conferred with me on me SUP
1eet and stated TO me Una Iha' conclusion that Mr.
Pand and Ynvself had already reached . -,
the Guidance of the grand jury by Mr. Rand Ia and
myself IN person. were dls1sa ~ sran6 iIry md
haa tt he question Of submitting this case 70 an,
7 hake n