New-York tribune., 1907-09-04
HOLDS n. Y. C. MANAGER
BREWSTER WRECh td0H'
Justice Giegerch Decides A. IT,
Smith Must Sta'3d Trial.

.;or of the Supreme Court decided
ss1er5av that Alfred H Smith genera oiI
. she New York Central q HUDSON ~ toI -
% ,oust stand trial his Indictment TOT H'n-
,. in connection with the killing OF IhlI'e
enqe-s on February l6 in the wreck "a VI I.0
1e-sz-eTer express between Woodlawn ana " aN0-
field. -, e7-,.I with man
I"e =. l,asad ON The death of Clara /. Hud-
nt Cr,itn through his attorneys Delaney
oSjco,I and John d. Lindsay. entered demurrer
-r,-r- Was disaIlowed by Justice Gleserlch' WHO
says in his opinion
-, -,,a dav named the defendant was Vlce-preSl-
deni and general manager OF the COZ 1 IIp a The
&c suCb officer had charge and Control over T oiS
-s ,raTsfion Of all trains the line, and oi fle
engineers running the engines dra~lns SG oad 4 '-'
.E +he coronation was running over the Ioiu-
ADd n was then and there the duly OF llIe 20 90
Alfred H. smith as such offlcer ana tb a. onerI
ton OF the said trains ana the enPloEilenr ~
ascertain and know what speed It vas Stt9 -
The said trains TO pass along The salu iIIe , VI -
road and around the said curve, ana 20 'jsa5 aiI
exercise and cause 10 be used and exercises SEQ ali
passing along the line of railroad ana "a, ~ rain
10 pass and TO place the train under me si soret
and control Of locomotive eIslleI fii fS ,he
C'1lI. ] NJ n aaj6 ca-rye, hI1t defendant knowing
the facrs and his duty as aforesaid wholly omitted
10 ascertain what speed II was sale LOT tie taI
pass around the curve, and placed ir inc !" not
properly trained and not experience ai1I iao,n3 C
said curve It further alleged that by TSas9 ,5 81
WAS run at dangerous speed. and left The raiis ans
and was wrecked. thereby causing the Gea'h "l one
cE@ an - aleg to take judicial notice of the obiga-
tons imposed pos 15op 1,iMaT iIS system Of Which he
in charge and OF the fact that by reason OF 5ltI ]
,navnitude the defendant could not have betn
Charged with the personal performance o1 lne
duties the indictment alleges were lnPostu rpoii
him Il said that the court shouIo n9l IN tnle.
tain the idea that ones personal dNty 10
do that which is rossb!e i"[ , nm n - 10 +Sat no
encb case is presented. II was not only possible
l'Tos ~ he taken for ascertaining what safe
5ata oF sreed around the in question and for
Pains in excess Of such speed and for procuring
trained and competent engineers, nul ~ ~ ~ sroad
9 adlI1lS ] rs eo,3e one Duties Of supervision and
,5a,sga-,er- az inst as much personal the
manual duties Of the least skilled employe Of the
rnert AYERS was the defendants. in fact belonged
70 some other officer Of coordinate rank or e1 haa
been intrusted by the defendant TO some careIuIy
chosen and competent subordinate. SO as TO relieve
nm ron @ a he Psl6Zn at the trial: but for the
present purposes the allegations of the indictmeh,
are that Il was part Of the defendants employ
merit n perform the acts Of supervision ana man
r9 1T5q @ ana + m g, Fscr4be5 in the indictment was
direct and immediate consequence of such acts ana
omissions is also sufficiently alleged
General Manager Smith is a tour Of inspec-
ton. il is said at the New York Central Offices
and viii not return until Friday No one could
say how II was possible TO reach him
His attorney. Delaney Nicoll, said: Nothing
70 say It's up to the District Attorney now to
get the case on the calendar for trial We shall
be ready when he is
At the District Attorneys office IT was said the
decision was one of the most important ever rem
deredI in fixing the responsibility for railroad
wrecks on the officials of the operating corpora
1ior instead Of employees
Mr- Smith will probably be put trial late in
the fall or early winter unless additional steps
legally act as a deirimert-