New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-23
CRIMINAL NEGLIGENCE.
DARLINGTON VERDICT.
Jury Finds Allison and Pole and
Sclrrnndfner GaRLtu.


- Ia, rendered a verdict IN which Eugene F
Allison ma the contracting firm OF Pole &
fchvgnnstner are held guilty a. criminal negi-
Ferce Coroner scholer has issued warrants for
ahe arrest 81 Allison. Pole and Schwanotner
Shortly after the adjournment last evening
sho fury. with Assistant District Attorney Train
md C-orore- gchoIer. went over the plans OF
The hotel Darlington and parts O. the evidence
were read 20 the jury by NJ. Train.
Coroner schoIer then charged TIE 5ury' end
.-g with the declaration thet Fornebody was re-
f,ons.bie and that they must tx the RESPONSE
hility
.ta evening aid they come oUt 20 ask instruc-
lions from the coroner. At 1920 the jury fnal-
Il, reached "a verdict u read as follows
Tint Fred NioreI came 70 his death on March
ef Nos g1ls and - West FortN-slNlh-H'-, uE
multiple injuries. caused by failing sJIuCeuds
: hfIii6inr in course ~ erection. -
we further find the said collapse was que 20
sunervisian ana :hc employment OF ineApei1-
snced contractors. -
we further and that Eugene @. Allison ana
.5e e--r OF Pole e. Schwanctner were erossls,
Ilv negligent IN the methods ADOPTED
sne followed by them 81 the erection OF sa''
building. -.-.... -. 80, s-ac-
sto- ~ +be buildings without the superlnteho-
enoe of the original architect or a conlpeeeL'
builder Of an least five years experience % Iio-
j7ihlted by lex. - ,., -,
We fu1ther recommend that the Buildings De
-,srt-neuf Of the city OF New-Hork nave a Otis
~ competent engineers TO inspect the - "a
= .rl f,flsfrgs requiring engineering skill ana
,baf a cory Of the approved plans 81 each ol.l-
sng 10 kept on the premises during 'oI-S'i Uo
Hion.
After che verdict had been rendered the fore
-, n c,onover. announced that four
q The 3uryrnen desired 20 submit the 'ol'o"1--5
-, ~ra verdict rendered.
~. .,,.--,,,. n she verdict OF the death Of
- SToreI and others making the folio"-iE
e66Itioual recommendations: .---.,-e
T--ot an architects engineers and coTtre S cor
LL.al q, tba structural work of all buildings
= 80, 1,,,,- Of Ney--Yorz he experienced ID lhe-r
,averal lines and be licensed by law.
ISSUES THREE WARRANTS.
.e..- siscbarring the jury, the coroner Is
80 ,r-ca warrants for those mentioned IN me
n -.e-6iot These warrants were handed 70 le-
-, rF,-rnan and MErion. Of the East flty-
-. :. s,ation. The detectives left the build
s7q with instructions from the coroner 70 pace
she men Immediately under arrest anu '''iN7
Then, 10 the East Fifty-firsz st staaon.
D. ss.tzran5trer. Il member 81 the firm, lives
NJ No. Dab East Seventy-ntlth-st, and De'ee-
.,,o 14,--pan went directly TO his house. MY
.7Bo,e ,be other member Of the firm has not
So, seen since the disaster. but the police say
rbev know where he IS, and his arrest VIII
probably be mace to-day.
Eugene J.. Allison also VIII be arrested THIS
morning. 81 Is neser1ed.
Assistant District Attorney Train, IN speaking
10 the jury just before they retired, said;
I am not trying to find any one responsible
nor would j influence this verdict. am mere
+, ,oa5in1- The statement Of facts 20 you.
think YOU are FAR better able, from your pro-
fession and training. 10 reach a determlna .l
as VINO are responsible Tor ms olsas'eI IMAM
a mere lawyer like myself
The fury. shortly before II o'clock filed out
and asked the following questions through
Foreman Conover.
We would like TO know whether we can hold
the company as a company responsible for the
collause and at the same time hold member
OF the company responsible as an individual
Coroner scholer. in reply 10 this question,
said.
Tho company as such can he held resDonsi- /
bic. and also an INDIVIDUAL member OF u me
Jury can ind both, but as against the corpora /
tion 81 has 10 be- established who IN particular 1
is 10 be blamed FOR the corporation.
Assistant District Attorney Train then de-
rarsd;
The corporation IS q soulless body. Its negli- /
gence IS much more difficult - determine than /
an individuals. There is nothing % prevent a
fury finding "a corporation crlminaIly negligent /
well each and every member Of its board /
OF directors In person. But the difficulties con
greater than in case 81 individual member.
But there is no reason why any jury cannot find
a corporation neg gent.
The four Jurors who signed the addition 70 The
verdict were A. = AaCgrogOr. Of No SO Broad
vsy: +. DInaaG won Hoffman. Of SO. J. 30
Broadway; August WIndOlph, OF 30. - West
Tvhirty-tnird-st.. and Richard Deeves. Of no IS
West Eighty-third-st.
Il De p. Parsons. brother OF william Barclay
Parsons who examined tho wreck for District At
fo-ney Jerome. vas important witness yester-
DAY. Be said that this was the largest piece
OF concrete 20 be found In tho ruins All the rest
crumhed that II was shovened out. This piece
had hardened by exposure 20 the air. The con-
1ention is that the concrete put IN n freezing
weather. and did not have time 10 set.
George Allison, treasurer % the Allison Realty
Company. recalled. said that the notice OF viola
ton fled with the buildings Department by In
spector French the morning OF the disaster
not served on them until four hours after the dis
astor. This came by special messenger. instead
Of the regular messenger. Burns
only about CO per cent Of the material n the
building could be said be fairly good. Mr.. Par
sons testified.
TIE concrete used IN the floor nrches was re-
moved from the debris with shoves." he continued
TT was roft and bore evidence OF having been
frozen"
Mr. Parsons said that he had been unable 20 come
70 any conclusion NJ 10 tho immediate CAUSE OF the
disaster. u was not due 20 the foundations, nor
explosion of any boilers any OF the noor
members.
/ The primary cause OF the collapse was faulty
design ana carelessness and neglect IN construction
stiffness Tor the floor columns or any Tigd support
Would careful superintendent have rernedied
ths7"
change the plans during construction 30 as 10
) reEedy this"