New-York tribune., 1903-04-24
WISkER TANGLEDBT RAND
FORGOT TO ASK FIREMAN.
Hess Denoances Signal System
.Jmg Takes Case To-day.

John NJ Wisker, the engineer, yesterday pre-
seuted pitiable spectacle at the continuation of
his trisl on the charge OF homicide which lays
e his door the blame for the Park-ave tunnel
sisesrer Justice Scott viii charge the Jury this
morning the prosecution and defence closing
,be;r cases yesterday. Under the cross-exann-
,,stion Of Assistant District Attorney Rand
wfsker seemed 10 lose all his vitality and abil-
,-v 10 defend himself. and literally wited in the
,-itness chair. He became confused. answered
ouestions hopelessly. despondently; hung his
read. and seemed cropping in maze. he finally
admitted that he did not know where the sig
nails were when he took the train into the tun-
rel
DO you think II makes any difference whether
vou know the signals or not?" asked Mr.. Rand
No sir"
DO you want these gentlemen OF the jury 10
understand that this is the degree OF care neces-
es-y for a locomotive engineer TO exercise?"
Al this wisker's head fell forward until his
chin touched his chest, his eyes closed and his
body collapsed in the chair
The cross-exarnfnation went on, in part fol-
lows:
wien you took il out that "Wednesday morning
which would inlperi the safety Of passengers A
'01Do you mean to tell the Jury that you would
,,se vour employment If you did take out that
-as~7fr,5Ta- - eTgfne9 An general way. yes
o-Hov many times have you been through that
o-Did you know the signals in nth the tunnel? "a =,
Yes. II q general way I know them better IN the
s5e tunnels than in the main.
QDo you mean TO tel THIS }pTy tRa[ s you k T9ok
knowing the signals in the tunnel only in a gen
eT 6Ep6 you claim that you saw all the signals in
The tunnel except the cautionarv green one al
ana YOU didn't see that one because Of the
steam left by passing train? A.Ees; sir, 90.
Q-Did you know where you were when you go'
N
Odd YOU know that there was cauuonarY
wiser finally admitted excitedly that he did not
know whether the signal was al Sixty-inlro or
Q-why did you not ask the fireman II he he had had
seen the signalE Al was ousY loohlne ioi Lie
sl@Tsn'- f, fact that you did not think 70 ask
A5n2 A--Yes. sir
Nr Moss on resunaing the redirect examina-
-son asked wisker If he had difficulty in under
standing and following questions. and the en-
rfreer replied in q choking voice that he had,
-ra- one of his wife-s relatives died on Wednes-
dav night.
N-. Moss then tried for the third time 10 get
n as evidence the twenty reports as 10 the poor
condition OF the locomotive Justice Scott again
excluded the questions which Mr. Moss intenoed
should lead Up 70 the Introduction Of these re-
ports.
Thomas Irvine. foreman Of the repair shops
- Mott Haven previous TO the accident verified
-,sro-rs that there were defects in the air pumps
s-5 brakes in Wisker's engine on January eno
three days previously
Whatever negligence there vas, interrupted
Justice Scott If any there was, occurred, am
Convinced. before he saw the red light IheTe-
fore I cannot see what bearing the oefects OF
TIE atrpunp would have.
NJ Moss in summing UP said in part;
There is 2 dual responsibility II you eonsider
Tiske-s gross negligence you must CoLlHIcLIL4 -.
-eFFfsbe6 rhst system OF signals " heaTo ~
S-ez@7s who said i vas IIlllsna!l9 Cle -
-----el for fozzy DAY We heard the Ge2osIti.eoE
F27-url-7. brakeman VINO Mt-lL 5s5
- 1---e-D 70 warn Wisker's train ana VINO oIg
rot see II until upon him ne Il CoIl
- Sf1---ie the other brakeman and MI \ an
Srhaick vino the broken lanJerns N Is ~ e
u This were the of drunken man ne Re
s-1-sFhFlirv there But TINS
Sef-r ar honest conscientious and careful man
&C HE er.rerors have We Tnust oeh
. ~ resD0rsIbilitv must appreciate tnat ms
81 noiu-ed cut DEFICIENCIES in system "tLcI Has
7rnpe~iIled thousands of lives n the pasl
-oH are II decide that this one man our ~ az Z III
-<s~+slz directors and employees OF - n
,-a-rraI and Hudson River Railroad Is 70 beai
ne load ~ tre murder of seventeen human oeli
I'm s~s - decide that guilty Of gross and
Culpabie negligence
NJ Rand who followed. said:
There isn't anx doubt that every signal was set
-rar rro--7Fre and that this man ran past ever
- Them uIunged into Ihe Train afean All
tNa- matters Is the fact. as expressed g III, "a
49, ~ 80 light flashed out the defendant al
-e---afrE-7-- We may admit that ne dld the pes
Ta could after passed Fffty-eistf-St aLlo ma @
r= tried 70 put the emergency era E2lL tT
II r4T7r ne signal Sisty-thtTd-st: II ne @ lau
-Ez--e= -hr rIfIes Of his company he would nave
z1ov-ed down there. and he would never nave
ressa6 FIfty-eiShth-sT