New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
CENTRAL FOUND GUILTY


there Is no rule as 10 the speed; there is no way
to judge speed. II the company put a practically
inexperienced man In new situation the COM
pany is responsible and not he.
"a railroad company is a corporation, but IT
Is made up OF heads OF departments. who are
responsible. think that you will all agree with
me in that the responsibility does not lie upon
underlings. but upon those in charge. to whom
honor and benefit goes when success comes
There is the responsibility. I am not going TO
charge you as to which Of the heads OF the de-
partments is to blame. want to say, however
that do not believe that President Newman is
in this instance.
THE duty Of making speed rules lies with the
operating department. and this department IS
not subdivlded. At the head of this department
is Mr. Smith
1T IS the duty OF the construction department
to see that the tracks are IN condition TO bear
the degree of speed expected and 70 make over
the road in accordance with the necessities Mr.
Wilgus and others have testified that the neces-
sary construction for the identification had
been turned over to the operating department.
and 1t then Mr.. Smiths duty to see that the
necessary changes were made.
Mr.. Wilgus. who is at the head OF the con-
structlon department, has admitted that II
changes had been necessitated by the new con-
dieions. it was his duty to sec that they were
made. Mr.. Wilgus turned over to the operating
department the new and heavy motors. with low
centre OF gravity and short wheel base and it
was his duty 10 make the track safe.
If YOU find the New York Central guilty" he
added of criminal negligence. place the respon-
sibillty on the proper officials.
Coroner SchwanneclSe. in his charge, went over
many of the points mentioned by Mr.. Smyth,
and added:
1T Is for you to fix the responsibility for
this accident and the resulting deaths, and II
YOU find the responsibility. goes back 10 the
board of directors or the head OF the company,
l direct you 10 tnd accordingly
When the coroner finished, Mr.. Harris, for
the company, asked that the coroner mention
20 the jury that Mr. Wilgus and NJ. Smith
were the heads Of departments that they had
many employees under them. and that. while
fault might be in their department they the
heads) might not be responsible.
However. IN adding this 70 his charge, the
coroner said.
The man at the head OF a department should
see that his orders carried out"
In the course OF the hearing yesterday Vice
President Smith intimated that the train had
been deliberately wrecked. but was not allowed
to continue his testimony along that line He
said an investigation showed that evidently
there was bolt placed on the track but got
no further Coroner SchwanueCk0 told him
that unless he could produce evidence to sub
stantiate his testimony on this point he could
not continue.
Mr.. Smith testified that he was responsible for
the schedule by which the trains are run over
the Harlem division Edward r. Rogers. en-
gineer Of the wrecked train. testified before the
state Railroad Commission later in the day
that his train was not exceeding the schedule
speed when the wreck occurred.
Judge Rosalsky. in swearing in the March
grand jury yesterday. said that he had intended
to charge them specifically in reference to the
Central wreck. but because OF the activity Of
the authorities he had changed his mind, adding
that If IT became necessary later he would
charge them OF Culpable negligence with
view Of indicting those responsible for the
wreck.