New-York tribune., 1907-03-05
CENTRAL FOUND GUILTY
MANY RECOMMENDATIONS
Coroner Holds President and Di-
rectOrs Responsible.

making several recommendations, said that the
jury thought that the responsibility Of the
wreck was due to the operating and construc-
ton departments Of the railroad.
Can you gentlemen find any individual per-
son respOnsible?" asked Coroner Schwannecke
There is our verdict" was the reply of the
foreman.
Then" replied the Coroner. Il will hold the
entire board Of directors Of the New York Cen
trail and also the president and will parole
them until tomorrow morning at 10 o'clock
when 1 shall accept bail"
Mr. Harris. counsel for the road then jumped
up and said:
Il do not believe that you. as coroner. have
the power to do this"
The case is over was the coroner's reply
After the jury had gone Coroner Schwan-
necke said that he was entirely satisfied with
the verdict. but as TO what charges he would
make against the board Of directors and the
president he refused to say
The charges will be made known tomorrow
morning" was the only reply he would make.
Assistant District Attorney Smyth. In COM
menting on the verdict said:
Now I can go ahead and present the case
to the grand jury
The jury handed up several recommendations
One OF these was the suggestion that all rails
on curves be fastened down and braced more
strongly than at present, and until this is done
it recommended that the railway be compelled
to lessen the speed of it's trains. That the
motormen on the electric trains may know at
what speed their train is going. the jury sug
gested't that some speed registering device be in
stalled in every electric motor.
A representative Of the Central when told Of
the coroner's action and the findings Of the
jury. said that they what had been ex-
pected
At the time the findings were returned Vice
President Wilgus was in the room. He sat
with the lawyers of the company. and remained
there until the lawyers were ready to go. He
refused to discuss the verdict. Mr.. Harris.
however, said:
The New York Central doubt Will. make
the changes recommended in the verdict"
The finding of the Jury follow:
First-That tire said Catherine Farrand and
others were killed received fatal injuries in an
accident happening to a railroad train known
as the Brew wsters Express.
Second-That said accident occurred at 8:
p m. February 16, 1907, on curve OF the north
bound express tracks of the Harlem division of
the New York Central Hudson River Rail-
road said curve being located Immediately north
of Woodawn railroad bridge, or at about 2O1st
street Borough Of The Bronx.
Thrd-That the immediate cause OF the acct
dent was the deraiIment of said train at the
above mentioned point
Fourth-That the derailment Of said train was
caused by portion Of the track consisting or
its easteTly rails. being forced out Of its proper
position.
Fifth That the said rail was forced out OF les
proper position by the impact upon II OF the
above mentioned RrewSter's Express train
Sixth-That the said train, made up as II was
shown TO have been. was running at a speed IN
excess of what has been proved TO be saIe Tor
such a train track laid TO the existing
curvature at this point, rails of which were
fastened to the ties in the manner these We're
I,,r- fqSV cd and 10
elevation to be as has been proved of IA tncheS
Seventh-That the running of said train at un-
safe speed over said track eXerted sufficient lat
eral pressure on the outer or eaSterly ran 70
cut of or shear the heads of the spikes holding
said rails TO the ties. thus permitting IT'S as
placement and the resultant accident.
EZighth-Ou- conclusion. therefore. is that the
New York Central & Hudson River Railroad
Company did not take all the necessary safe and
proper precautions TO guard its passengers at
this point, and consequently were culpaoly negII-
gent and that the responsibility for the existing
condition seems 10 be divided between the con-
struCton and operating departments.
Ninth-We recommend that the New York
Central & Hudson River and other operating
railroad lines in this state he compelled to re-
inforce the fastenings of the outer rail on all
curves on their lines. constructed as the one IN
question has been proved To have been, by addt-
tonal spikes. rail bracers or increased super
elevation, as from the testimony given we deel
that unless such precaution is taken similar ac-
Cidents may be expected.
Tenth-We further recommend thst until the
above Strengthening mas been competed over
curves not reinforced. the New York Central
& Hudson River and other operating railroad
lines he required TO lower the speed OF trains
over such curves 70 sO-Called equilibrium speed.
or one that is absolutely safe TO protect the
lives Of their passengers and their employees.
and that instructions to this effect he given 10
those I'm charge OF trains.
EIeventh-Owing to the lack Of information
on the part of the employees and representatives
of the New York Central & Hudson River Rail-
road to the determine tiOn of or the eXaCtneSs
of the speed OF the electric train. we recommend
that they be compelled TO install such recording
Instruments or make such tests to determine
the speed under varying conditions will en-
able their mOtOrmen to- know with reasonable
exaCtnesS the speed at which their trains are
travelling. This information should cover
speeds at the three different positions of the
controlling lever handled. and be properly tabu-
lated and placed in prominent position in the
cab of each electric motor.
The directors OF the road are w n VAN
derbit F. w. Vanderbilt. Chauncey NJ Depew.
S F. Barger. ]. p Morgan. William Rookie
felIer H. Mex. Twombly. William Fl. New
man. Charles c. Clarke. d. o. Mills. George F.
Baker, George s. BOwdoin and James Stillman
When the court reconvened at = o'clock. after
recess. the coroner asked the lawyers for the
Central if they wished TO address the jury. and
the reply he received was that they would adj
dress the jury after the District Attorney had
fniehed
Il never heard OF such request" said AS
sistant District Attorney Smyth. and then he
started to address the jury.
You are here to judge the facts in this case.
and they that it has been shown that q
loosened rail was found. that spikes had been
sheared off and there were found marks on ties
at the spot where rail was found moved" he
SAID.
Continuing. Mr.. Smyth said that the rOadbed
was in good condition. and that perhaps the too
SDae6 might have caused he wreck Tsnes
train he said. according to witnesses. was going
al rate OF seventy miles an hour, and the
motorman had nothing TO show how fast he
v-as going