New-York tribune., 1908-06-08
rITI TO SUE HEARST
EIGHTY ACTIONS PENDING
!, =, far $1,000. 900 as Result of
Madison Square Explosion.

AaeN -. Julv / he will be served with a
Bgrope :. ,,,e first of q series Of suits to be
sS'-, seainst him by the city TO recover dam
f''s- s,.b in the aggregate may reach $4,000
ssss ooco,nt Of the fireworks explosion in
~ % Sc,are on Election Night November 4,
Nr Hearst had been elected to Con-
~ -, the nth District on the Tammany
1Ssi- 49,, -. .-,,,,,,-,,, -o.,,o-s
..o,nt case on May o6. by going on board
.s,,ania al ! O'Clock in the morning of the
souing he also escaped. perhaps un-
aH service Of a summons in an affirma
zion begun by the city TO recover the
e . Judgment which the city paid
sp'~. NJ The death OF Dennis Shea.
-, whose head was blown off at the
-. This judgment was for $4,000 and
.Aich amounted 10 about $4,000 more
Oenartr1ent has made all necessary
i-,sr-s for serving subpenas and sum-
~ Mr. Hearst as soon as he returns in
jig .s- If important shifts have taken
the litigation on account of the fire
-. explosion since Mrs. Dennis Shea. widow
-. ns+rol-,an. Won her action against the
.ss NOS, important being that, while Mr..
r.,~SfC
- n Appeals decision in the Shea case.
- the city attempted to make him Jointly
-,,sbie with itself. in subsequent actions
...r,bt bv samuel Nelker and Lindau. involv
ne same general facts as 10 liability. the
,~-,,a-ion Counsels office. represented by
o..ius Y Collins and Josiah J. Slower,
---a5 the tables on the publisher. putting him
nasitien where il IS possible that he will
n The killing Of eighteen persons and the
aiming and shocking Of about sixty others at
n. tine Of the explosion.
RECOUNT CASE SIGNIFICANCE.
uY.s This condition Of affairs confronting Mr.
p.arst and the Law Department, the outcome
r. ne recount case assumes an added sig
rs.snce. for if Nj. Hearst should win. he might
sr,o,t one Of his Own counsel as the head of
- Law Department and then if he followed up
ihe Uroserution Of the damage suits now being
1n,sh, by the city. he would be in the position
ii nan suing himself The entire staff in the
Law Department IN view OF the affirmative
zricr BY Assistant Corporation Counsel Pierce.
is asking Would he DO il?
TIE action Of Mrs. Margaret Shea brought
cut yrewsome and sensational evidence concern
ias hsr husbands death. Since the Law De-
rsrrmert took up the case anew. with the idea
q collecting from Mr.. Hearst the amount Of
damages paid by the city on the judgment Of
the Couu Of Appeals, new evidence has been
found One fact in the new evidence is excit-
ing the nearsl men. Il is that Shea walked a
distance Of Ateen feet after his head had been
zsss se4zEtrsely of While this has little
bsaaLng on the legal aspects OF the new action.
=
.-es the proceedings.
&z shsa sued the city in the sum Of $50
o. aarging that her husband came to his
dan through the wrongful acts of the defend
II il sulhoIizing and permitting the discharge
as fireworks. Mrs Shea began her action
s1sembeT. 1902.
Operation Counsel Rives in his answer set
IA denial Of real or technical responsibility.
| -a osse was tried before Justice Fftz Gerald
al { jury in MAY, 1906 the jury giving the
'ig and children verdict Of $4,000 and
rEn aboGt 5000 more,
It ceebration on the night Of the explosion
'u n0minally under the auspices Of the Ma
ta Association of Democratic Clubs, of which
Rlsm r Hearst Was president The local
zquar;ers were at the Hoffman House Mr..
asaz was on the Tammany ticket for Rep
|
N il the lower West Side district, where the
lsnsTstic plurality is usually heavy. Ex-
Agw Schmitz Of san Francisco was one Of the
ltldrants in the celebration
GLARED AK ADVERTISING SCHEME.
Egrsai deal Of the testimony for the defence
! 1s shea case tended 10 show that there was
Egular parade on the night of the ex-
~Aa- and stress was laid on this point for
= lsason that the Hearst people justified
-~-g their celebration because the aldermen.
Ghdpation Of campaigning methods had /
#saaed the ordinance prohibiting parades
(. a'eEorks. leaving the regulation Of parades
= reTorks solely with the police.
-sasiant Corporation Counsel Collins moved
-s1iss the complaint on the ground that the
~lr1 had failed 10 establish a cause of ac-
- against the city Of New York; that she
80 70 establish that a nuisance had been per-
- That she failed 10 prove that the city
l''1zed or permitted the creation of or ex-
- q such nuisance; that IL had not been
4, 1ha' there was a parade on that night.
IL connection Herewith a display Of fire
s Is result Of which Shea lost his life.
eloe Commissioner Partridge reported that.
ing Observed IN The American and Jour
VI election night from the Flatiron Build
mad communicated with James Nc
- q the Journal staff, who had the cele-
'- u charge, for information TO place, /
&c so as tc be in position TO make prop
''-e Details for the protection Of life.
%h"oRKs DISPLAY ABANDONED.
r. 'aF'rdge swore that at 3 o'clock in the /
-" Mr. McGrath called up the Police /
s.ient ana told Sergeant Cohen that the /
H. S olsplay az the Flatiron Building had /
~ sHooneG, ard that d few bombs and 1
T. =. would be displayed al Madison avenue /
e.. street, and that an airship would be
49,. sel above the ROOF Of Madison Square
10 fash oolored lights.
courts gave the policeman's widow
o., and The Appellate Division and I
s. APpeais IN turn sustained IL. Having /