New-York tribune., 1903-04-23
WISKER ON THE STAND.
COULD NOT GET STEAM.
Reports Showing Engine Vas Ere
QuentLy Repaired Barred.

The defence of John NJ. wisker trial on an
indictment manslaughter, was begun yester-
day. Wisker went into the witness chair to testify
in his own behalf about the Park-ave. tunnel dis
aster January 6. 1902. He testified that he had
been employed by the NewYork Central for near
ly six years as d fireman, and had run engine
through the tunnel an engineer only on the
Monday and Tuesday previous 10 the accident
Replying to questions of his counsel, Frank Moss.
regarding the condition of his locomotive on the
morning of the collision, Wisker's testimony was
follows:
Q.-Was your engine in good condition? A.-No.
Q:1What was your mental condition that morn
Q;-what, made you nervous? a: A-The ttas time W, We
Engine eng 9 Wo1d Mi NOT MAKE MAKE steam and we We're
minute and a half late at Mount Vernon. had
sn % sf Tesay nSs at N wht had
different fremen in three days It makes young
resp reSponsibites siiii-S 10 'I-'''S' sues
'Is It not fact that the engine had been to the
repair shop often twenty times in a Year,?
asked Mr.. Moss.
Yes" answered the witness before Justice Scott
could rule out the question.
Il hand you here said Mr. Moss "a bunch Oh
twenty reports defects in that engine. DO you
recognize them official reports?'
''Mr. Moss" said Justice Scott, IT don't wish TO
appear harsh, but you must know that it was en-
tirely unprofessional for you ii get those papers
before the jury in that manner"
II shall stake my professional reputation upon
torney's office has had ths assistance of the rail-
road in procuring witnesses to testify here. and
I have got mine only at the expenditure of much
effort One of the men who could testify to the
authenticity of these PaPers is man want
but cannot get"
Wisker said that he had found defective valve
when he was about at Seventy-second-st.
II saw the signal at seventy-second-st.," he con-
tinued, land running at about twenty-five
miles an hour. I did not hear the fireman, Filler.
call out green at Sixty-third-st. I put on the
brakes when saw the red danger signal"
'rWisker did you omit any precaution that you
should have used?" asked Mr.. Moss.
mo SIR
did you do everything in your power to avoid
danger?'
Most assuredly.'
Before Wisker testified Mr.. Moss read a depo-
sition of Frederick c. Barnum, rear brakeman
on the Ne7-Haven train, taken in Los Angeles,
Cal, where Barnum is now an oculist He de-
posed that he went back from his train with
two lanterns. The air was full Of snow ana
steam. The first he knew of the approach or the
engine was when the cylinder of the onconinE
locomotive brushed his elbow He then threw
both red lights at the cab Of the engine Inc
lanterns afterward found broken.
Patronnan Fox testified that ne found Wisker
in the cab of his locomotive five minutes ater the
collision. He prevented. on the objection OF
Assistant District Attorney Rand from telling the
conversation he had with Wsker at the time
Part of the testimony given by Fox at the grand
Jury hearing this conversation with Ni0fel'
He said that Wisker said to him;
"Oficer never mind me Do what you can for
How did this thing occur" e.,-
"A train was passing, ana the SMOKE ana loS
shut off my view. | didn't see the signal
couldn't see the signal
John T. Deems. superintendent Of motive power
for the New-York Central called by Mr.. Moss
to identify twenty reports signed within year by
engineers who had run Wiskers engine, but none
of the documents were admitted on the ground
that they not sworn documents and were TOO
technical One under the date OF December 80 1901.
eight days before the collision, showed that tbs
engines air pump did not supply enough air and
kept stopping the road. Both injectors would
not supply the boilers blowout. New metallic
packing was needed in the piston and the valve
stems needed packing The condition of both right
and left injectors was poor. The air reservoir
pressure only sixty pounds, instead Of ninety,
and the train line pressure only fifty, instead OF
sixty.
A report Of an examination of the engine made
January l. 1902. by William B. Irvine, engine house
foreman at Mott Haven. showed that out of forty
I'VE parts reported on was in perfect con-
dition.
1.-The deposition OF Barnum." said Mr.. Moss, ar
g11ng for the admission of the reports. was pro-
cured with great trouble and expense He found
it advisable to go to California shortly after he
gave his evidence at the grand jury hearing was
put to the limit have the commission appointed.
Mr. Jeroue's position has changed materially since
the coroner's inquest and the grand jury hearing.
am put to the greatest trouble to keep my wit
nesses in line. The employees of the road whom L
have subpGnaed are coming to me begging me to
let them off. They afraid to testify.
Nj Moss, after the trial had been adjourned for
the day. made a statement in part as follows:
1t is a wilder piece of business than train
past a green light for the District Attorneys once
to have forced this case to trial
sentative. Assistant District Attorney Rand. con-
Quoted the giving of testimony. Air- Rand is now
prosecuting the against Wisker-
Justice Scott said il open court: ! don I mean
that ANYBODY shall be tried here but Wisker
Mr. Jerome asked for two indictments from the
grand Jury He asked for indictment against
Fhe iirect6rs of the company, charging them with
1nisdemeanor, and against the engineer. Wisker.
charging him with felony. 1t is fair for any one
10 infer in view Of Mr. Rands conduct of this trial
and his handling Of the railroads witnesses that
his conduct of the grand jury investigation was
similar,
CThCE