New-York tribune., 1907-12-10
"A. H. SMITH ON TRIAL
Held for Woodlawn Wreck. IN Which
29 Persons We're Killed.

The Indictment against Ira w Mccormack gen
eral superintendent of the New York Central Kali
road for mansaughter in the second degree III coi
nection with the wreck Woodlawn. on the
Harlem division. February 16, in wh1ch twenty
three persons lost their lives. dismissed yes
terday. while Alfred NJ. Smith, viee-presidep' auo
general manager of the railroad, was placeu
on trial Mr. Smith is also charged with man
slaughter in the second degree the one alleged to
be responsible for the wreck. Judge Whitman dis
missed the indictment after District Attorney
Jerome had appeared before him ana testined that
Mr. Mccormack needed in the trial OF MT
Smith, who the superintendent superior
officer.
The trial of Mr.. Smith begun before Justice
Kellogg. of Plattsburg. in the Criminal -branch OF
the Supreme Court. Mr.. Smith was represented by
De Lancey Nico and John D. Lindsey, who con-
suited with A. II. Harris. superintendent OF the
New York Centrals legal department Assistant
District Attorney Smyth conducted the case Tor the
prosecution. 1t is understood that Mr. Jerome, VINO
was present yesterday for short time, VIII take
charge. now that the jury has been obtained. In
the courtroom with Mr.. Smith William J.
Wilgus former vice-president of the New York Cen
tral and G. IT. Hardin assistant general manager
Of the railroad
The questions that the assistant district attorney
asked each talesman were 10 show whether the man
knew any official of the railroad. whether he had
read about the accident h+he newspapers and if he
had whether he had formed an opinion about the
railroads responsibility. Mr. Nicoll was careful to
against public service corporations
One of the jurors selected was Charles n. Jones,
an actuary of the Equitable Life Assurance Society
who lives at No 479 West 152d street. Mr.. Jones
said he had been professor of mathematics at the
University of Virginia. and had been employed as
an actuarv by several life insurance companies in
Guiding the New York Life. before accepting a
place with the Equitable In answer TO Mr.. Nicoll
he said he had a theoretical knowledge of railroad
problems.
IF Professor Lowell called by the prosecu-
ton as an expert. would his testimony affect your
opinion in any way because you have technical
knowIedSe?- asked Mr. Nicoll
No; there are some professors that make mis-
takes was the reply It IS understood that Profes-
sor L. z. Lowell Of Columbia University. is to be
called as an expert by the District Attorneys
Office.
The other jurors selected were Robert Dawes,
dealer in roofing, at No. I'll East 14sth street:
Campbell r. Carmichael, commission merchant, OF
No 232 West 4Sth street; Edward T. Emmet, coai
dealer OF No. West 3oth street; BIakeslee Barnes
of No $40 West End avenue Charles L. Spur
manager of several apartment houses. living az NO
3l5 west 10th street; Jacob Felter, collector OF
No 30 west 4th street: Charles A. Lindsey. tea
merchant of No 20 East sd street: William " Is-
Gin of No 343 West S6th street Frank e Mainlurt'
real estate dealer of No. 162 West lZ9th street;
Edwin e Mapes an inspector, Of No AS3 West l54th
street. and Vernon NJ Yarnall OF No. 5i5 West
IsSth street, superintendent of the Marine engine
and Machine Company, OF Harrisonvihe, n j.
II js understood that the defence will be that on
account If his many duties Mr.. Smith could not
nossihIv know every defect tn the system, ana
should not be criminay responsible for the re-
suit of such defects.