New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-06-02
ARRAIGNED AND RELEASED
MR.. BAKER AND HIS CHAUFFEUR GET
BAIL-FORMER'S STORY OF
ACCIDENT.

a result of his injuries. This makes the second
fatality resulting from the plunge Of the freak
racing machine of the Baker Automobile Com
pany into the crowd of spectators.
Three other victims are in the hospital, SUI
ferfng from fractured legs and arms They are
doing we'll and will recover unless some COM
plication not now indicated appears. They are
Captain Thomas Taylor. fractured thigh ana
arm: Patrick Kenney. fractured leg, and Mrs.
Louise Johnson fractured leg. The others VINO
were struck by the machine were only slightly
injured and were able TO go to their homes
They are suffering from cuts Commissions ana
strained muscles.
w c Baker who drove the death dealing
freak and c. E. Denzer, who was in the ma
chine with him, were released on ball late yes
terday afternoon after spending several houiH
behind the bars in the police station at Stapie-
ton Before 10 o'clock a N. yesterday the TWO
men were taken from the Smith lnhrlnatS'
where they had spent the night. to the fHSI
District magistrates court at NeW-bflsii'oh
whore they were arraigned before Magistrate
Croak on a charge of homicide, made by Acting
Captaip Cobb of the Eightieth Precinct. This
comnlaint alleged that they had negligently OPP
Grated an automobile on the public highway
"a ,sing the death of Andrew Featherston,
without felonious or culpabie design to effect
such death.
The prisoners were without counsel Mr.
White brother-in-law of Mr.. Baker. and Two
other friends were in the courtroom. The magls-
trate carefully advised the prisoners as to their
legal rights before calling on them 10 pleao.
Both said mot guilty" The magistrate heid
them for examination before Magistrate Marsh
in the Second District, in which the accident
occurred at 10 o'clock this morning, and COM
United them to the custody of the police until
such time. when they could ask for an examina-
ton and the fixing of bail
When the prisoners were taken from the hos
pital House Physician Jackson informed the
police that they were not seriously injured and
were not in need Of medical attendance, and
they were driven TO the station at Stapleton and
locked up just before noon. Meanwhile Mr.
Bakers friends had been active In this city. and
about noon Mr. Charles Wyse, of Cleveland,
Ohio with Mrs. Baker, Assistant District At
torney Schurman and other friends reached
the island. and employing George NJ. Pinney, jr..
formerly District Attorney Of Richmond County.
TO assist them, set about obtaining the release
of the prisoners.
CASE WILL GO TO GRAND JURY.
District Attorney Rawson was consulted by
telephone and he informed them that he pro-
posed bringing the case before the grand jury,
which will be sworn in this morning at the open
ing of the June term of the Richmond County
Court. thus practically taking the case out Of
the Jurisdiction of the coroner, the magistrates
and the police. Magistrate Marsh was pre-
vailed on to entertain motion to admit the men
to ball. and the prisoners in the custody of three
policeman, and accompanied by the lawyers and
friends went to the magistrates house at Rose
bank, where court was opened. Bail was fixed
at $4,000 for Mr. Baker and $1,000 for Denzer
and $4,000 in cash was placed in the magis-
trate's hands.
1t was arranged that the defendants should
appear before the magistrate at Stapleton at 10
o'clock this morning, as directed by Magistrate
Croak but that the would then be adj
journed until o'clock Friday afternoon, when
the would in all probability have been dis
posed Of by the grand jury.
Then the entire party went to the office Of
Coroner George F. Schaefer, at Stapleton. where
Mr.. Pinney stated the action Of Magistrate
Marsh and asked that the men be paroled in his
custody. The coroner already had a bond in the
sum of 5000 for each man. given by Charles
W. Alexander, Of Stapeton, and John Flagler, OF
Brooklyn, and he granted their release Mr..
Pinney also asked for the suspension of all pro-
ceedings by the coroner until after the action of
the grand jury, but Coroner Schaefer declared
that he had summoned jury and many wit
nesses to appear before him at IL o'clock this
morning, when he viii hold Jointly the inc Jest
into the death of both Mr.. Fetherston and Mr..
Bogert, and could not adjourn the inquest with
out hardship 10 the jurors and witnesses. He
agreed, however, that the defendants need not
appear until some later date, and he would give
counsel at least three days notice.
The defendants left the Office with their
friends. Near by was the automobile of Mr..
Wyse. in which Mrs. Baker was seated. Mr..
Baker took his place on the rear seat with his
wife, DenZer mounted the front seat with Mr..
Wyse, and about 3:45 they started for the ferry.
They caught the o'clock boat for this city,
declining to give any information to where
they would stay in the city.
While waiting for the examination In Magis-
he Yfraor
talked freely of the accident and Of his racing
machine. He asked for the morning papers, and
he glanced through the list of dead and in
jured his face grew grave and he shuddered
Mr.. Baker complained that his right leg was
and that he was stiff all over, while Den
had lame back and big lump on the
back of his head. Mr.. Baker believed that this
latter injury had been inflicted when the res
cuers started in to pound in the top Of the
automobile body to rescue them.
FRONT WHEELS WERE LOCKED.
Mr.. Baker said that in the from the
starting point TO the kilometre mark. where the
roadway made a slight curve the machine had
run as smoothly if glass. and. covered in
as they were. they did not think they
running at great speed, except as told by the
speed metres within the body of the machine
AS they made the turn in the road there began
a slight undulating motion as if they were in
boat on the water, and then the machine began
to sway He at once called to Denzer, who was
behind him watching the gauges and machinery,
10 hold fast and cut off the electric current, and
applied both brakes. He damned the brakes
hard that the wheels were locked and
the vehicle began to slew around. Then it
seemed that the crowd of spectators were whirl-
ing past the little window in the coming hood
in circle to the right. The machine, having left
the course, struck the trolley tracks Sideways;
there was d whirl of dust celebrating sight, and
the next he was conscious of was excited shouts
and hammering on the thin body of the machine.
He raised the hood and helped Denzer out.
1t is only some two hundred and fifty yards
from the turn in the road to Lincoln-ave., where
the machine struck the trolley tracks, and this
was traversed, if the speed of the machine was
not greatly slackened by brakes in eight