New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-28
WRECK UNAVOIDABLE.' 8
NEW YORK CENTRAL PLEA.
Indicted Corporation and Officials
Hear Presentment.

When the corporation and the indicted officials
OF the New York Central Railroad Company plead
to-day 10 the indictments returned yesterday by the
grand Jury. charging responsibility for the wreck
Of the Brewster express the defence will be that
the wreck was an unavoidable accident-''an act of
Cod" in the language OF the way bills The off,
Gals OF the road have known for several days OF
the pending indictments. and when they were re-
turned yesterday the language in which they were
eouched was the only part not directly familiar TO
them
The defence OF the road and OF two indicted
oficiaIs will be based on the examination OF the
roadbed rails, etc. ana the grade and degree Of
curvature made by mathematical and mechanical
experts from other roads, and from Harvard. Yale,
Columbia and Princeton. The men have aimed TO
demonstrate that theoretically everything at the
point OF the wreck was absolutely perfect. They
have published demonstrations in the technical
journals Their testimony and that Of practical
railroad men will form the bulwark OF the roads
defence.
Tv-enty-four persons mostly women and chill
dren. were killed and sixty-seven more seriously
injured IN the wreck Of the train. which occurred
on the night % February le. Thirty-nine days
later after the State Railroad Commission and
Coroner Schwanaeke rad completed investiga-
ton OF the wreck. the Grand Jury yesterday re-
turned indictments foretold in Yesterdays Trib-
,Ine against the New York Central & Hudson
River Railroad. corporation. and against Ira
A. Mccormack. general superintendent OF the cleo
n
general manager of the New York Central MI
Smith was in charge Of the department OF NAM
senance OF way Both Mr.. Mccormack and Nj
Smith were in court when the indictments were
returned 10 Judge Otto Rosalsky, in Part OF
General Sessions Immediately after leaving the
courtroom Mr.. Smith went out Of town to stay for
some days while AIr. Mccormack went to the
rooms Of the Bar Association 20 confer with Ira A
Place senior counsel and vice-president OF the
New York Central and his associates.
IN case the two officials are convicted they VIII
be liable 10 term in prison Of not to exceed fifteen
years OF 20 fine Of $1,000, or both. The corpora
zion will be subject to fine Of not over 5000
DEFENDANTS IN COURT
The defendants were represented in court by
7oan A. Lindsay, OF Anable. Nicoll Lindsay. and
G. T. Paulding OF the Cenfrals own Legal STAN
eEr lindsay asked for ten days OF a fortnight 10
examine the indictments and confer With the de-
ssnsanfs Judge Rosalsky insisted on their plead
sg today but said that they might in any reason
able dine file notice Of any motions or Withdra"
fhe plea. which fhe defence might wish to 90 IN
the future
There was a long discussion then between the
court and the counsel over the pleading Assistant
District Attorney Smyth, who has represented the
people throughout in the various hearings ana eA-
rnstions vas willing let the defendants pieao,
with leave 10 withdraw later. so their couhsel
anaIly pleaded not guilty IN all three cases. anu
they went over until to-day, when further moaohs
nay De MADE
Court fixed bail for the two Enen--corpoTauons nov
hsing bailabie-at $4,000 each. John n Golding' OF
No 81 West 10th street who is real estate dealer
with Offices in No. Pine street, put up property
valued Al SIS 90 in bond for them.
On the backs Of the indictments returned were
she names OF forty-six witnesses, running from
President Newman down TO the conductor OF the
wrecked train. and including every Official OF the
road who has testified before any Of the various
commissions
The specific charge made in all three indictments
IS that the defendant guilty Of criminal care
lsssness which resulted in the death Of Clara L.
Hudson who was killed in the wreck All three IN
dlctments we're Worded practically the game charg-
Ing msnslaughter in the second degree. as defined
under the Penal Code as culpable negligence.
Accompanying each long presentment.
This was placed on .e>ord without being read
This presentment covered the entire ground eK-
Rmined by the grand Jury and severely criticised
the gross careIessness'' Of the road and officials
II recommended that the State Railroad Commits
sion take control OF the operation OF trains and
regulate the speed and Roadway on which they
trains, Il said further should not have been left
entirely 70 the discretion OF the company, since
THE safety OF human life should not be allowed TO
be intrusted TO the judgment OF unframed men,
TEXT OF PREsENTMENT.
The presenfment, in part. was as follows:
After more than a month Of careful Investigation
River Railroad and other companies no defect in
roadbed rolling stock has been discovered which
could have caused q wreck at normal speed. The
evidence leaves doubt that the disaster was
Of