Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-26
NAY INDlCT OFFICIAL
Responsibility for the Wreck of
the Brewster Express.
CUT OUT PIECE OF RAIL
Prosecuting Officer Wants to Hold
Vice President Wilgus.
CRFMINALLY LIABLE, IT Is SAID
Other ofacials Of the New York Gen.
trail May Also Be
Arraigned.
CUT OUT PIECE OF RAIL
CRFMINALLY LIABLE, IT Is SAID

NEW YORK, February 26.-The RESPONSE
bIlty for the wreck of the Brewster ex-
press near Woodlawn, that cost twenty
three human lives. Is to be placed directly
up to the high officials Of the New York
Central Railroad Company.
| Assistant District Attorney Smyth late
yesterday afternoon. in an earnest address
to Coroner Schwannecke and the jury that
has been hearing the testimony at the In
quest into the cause of the disaster. said
that he would request that the company
and Vice President w. ]. Wflgus be held
criminally responsible.
An effort will be made to have the grand
jury indict Mr. Wilgus and other officials
Of the company for manslaughter in the
second degree.
I'VE have now reached a point in our in
,vestigation," said the assistant district at
torney. where we have discovered. be-
lieye. to the satisfaction Of all the jury, or
have at least come to such point where If
this case were submitted to the jury now
the district attorney would have to ask the
jury to make this finding on the following
evidence:
Cut Out Rail.
THAT the cause of this accident was the
cutting out of a rail under the bridge, and
that the cause of the cutting out of the rail-
by means of the shearing of the spike
heads was the pressure, the lateral pres
sure. exerted upon the rail by one of these
locomotives as it went around the curve on
the night of the accident.
II should have to ask this jury to find
that this accident happened because of the
too great pressure at that point for the
attention on the part of the New York Cen
trail would have discovered that fact in
advance. would have led that company to
place proper resistance at that point. and
take the proper precautions at the curve Is,
on the part of the New York Central, gross
and criminal negligence.
Put Up to Mr.. Wilgus.
I'VE have in the course of our investiga-
tion traced the individual and personal re-
sponsibility for that negligence to one gen.
tleman, a gentleman who, according to the
testimony Introduced here, is in charge of
the engineering operation at that point, and
whose responsibility it was to see that
there was a proper resistance placed at the
curve against locomotive going upon the
schedule speed that these new electric
motors were expected to make. 1 refer to
Mr.. Wilgus.
Now, if the jury finds. as I request them
to find these facts, 1t means in effect this:
That you hold the New York Central and
that you hold Mr.. '. lgus criminally re-
sponsible for the deaths that happened
that Saturday night, and in so holding
them you pass the matter up to the grand
jury and request the grand jury to indict
the New York Central and this official be-
cause of that negligence. The indictment
that would be found against them would
be one. as I understand the law. of man.
slaughter in the second degree.
Il understand that Mr.. WilguS is in the
south. l therefore recommend that an ad-
journment be taken until he can reach here
to go on the stand in his own defense and
receive an opportunity to state to the jury
in what degree he holds himself responsible
for the wreck. I have also to announce
that the New York Central has agreed to
select an expert engineer who will consult
with the engineer employed by the district
attorney regarding the mathematical calcu-
lations which form the basis of the conclu-
sion that the weight and speed of the train
going around the curve that night formed
too great a pressure for the rails to with
stand. This is purely a question of mathe-
mates, and the correct figures should be
placed before the jury. If the two experts
fail to agree upon them it is the purpose
to call third one, who will decide the
matter
Next Hearing Friday.
: Mr. Smyth suggested next Saturday as
the date of the next hearing, but the coro-
ner objected.
This is too important" said he, ito be
put OF any longer than possible. 1 under
stand that Mr.. Wilgus Is In New Orleans
He should be notified at once and lose no
time in reaching here. 1 will fix the next
hearing at O'Clock Friday afternoon"
Before adjournment was taken the attor-
ney for the New York Central objected to
the statement regarding what he intended
to request the jury to find made by the as
sistant district attorney.
I'VE think" said he that it would have