New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-24
NEW HAVEN OFFICIALS
HIDE BEHIND OLD LAW
Refuse to Answer Questions
in Wreck Inquiry, Fear
ing determination.
STATUTE STOPS INQUEST
Adjournment Taken Until Fri
day to Give Recalcitrant Wit
nesses Time to Make
Up Their Minds.
lFrom a STAFF Correspondent OF The Tribune

From a STAFF Correspondent OF The Tribune.
Bridgeport. Conn, June 25.-The officials
Of the New Haven Railroad have testl-
fed without objection that there was no
known safety stopping device by which
the wreck Of June 10 at Stamford could
have been prevented. However, their
lawyers announced to-day at the inquest
that they had found a way 10 stop the
Coroners investigation in so far as his
questions might carry him up TO the
point of finding out who was the final
authority I'm the operation methods Of the
road.
This safety stopping device" was an
old statute. under which Clayton l..
Woodward general superintendent; C.. L.
| Bardo, general manager, and other Of
| fcials refused TO answer questions put
TO them by Coroner Phelan on the ground
! that they could not be compelled to give
testimony which might incriminate them
or be used against them elsewhere.
Hide Beyond Old Law.
This point was raised by J. F. Berry,
an attorney for the company, when the
Coroner asked Mr.. Woodward who IT vas
among the company's officials that had
the final power in the appointment and
control Of the engineers employed by the
road.
In view Of the fact" interrupted Mr..
Berry that Mr.. Woodward and other
officials Of the New Haven arc already
under indictment as result Of the
Westport wreck. charging them with en-
ployine an incompetent engineer. l have
advised them OF their right under the
statute TO decline TO answer questions
which might incriminate them or be used
against them I'm any other proceedings
Mr. Woodward is not under indict
ment I'm this case" said the Coroner. q
want 20 locate the responsibility for this
wreck and can't do it if the officials Of
the road refuse 20 answer my questions"
Of think Section 5OC OF the General
Statutes applies to this case said Mr..
Berry, handing the Coroner a copy Of
the statutes.
Let me see" said the Coroner The
statute reads: Any court may commit 10
jail any person legally summoned who
shall refuse TO appear and testify before
1t in any case. there TO remain at his
own expense until he shall so testify. but
no person shall be compelled to give evil
deuce against himself except upon a
prosecution against another for gambling,
nor shall evidence as TO such crime he
used against him.
1T H. new to me- the Coroner con-
tinued. IF the Coroner cannot ask ques-
tions TO ascertain the responsibility for
the wreck. ] have supposed and been
told by the officials that they are eager
20 help me I'm getting at the cause Of the
wreck I apprehend II they refuse. my
inquiry is dwarfed. and l cannot go on.
want to know who is responsible for
buying the equipment placed in Doherty's
hands"
Mr.. Woodward replied Mr. Berry. rs
under indictment on account OF tho West
port wreck, and Il is reasonable TO sup
pose that anything no might say here
will be used against him in that case"
If your reasoning is correct" replied
the Coroner, chow could tho question as
to who was responsible for employing en-
gineers embarrass MIR. Woodward"
Assuming that Doherty was incom-
petent" argued Mr.. Berry. "Mr Wood
ward might he blamed for employing
1 him"
General Manager Is Buyer.
Mr. Berry allowed Mr. Woodward 10
answer the question, and after saying
! il was hard TO locate. said tho final re-
sponsbility probably rested on the gen
/ eral manager. and not on himself Then
the Coroner reminded Mr.. Woodward that
AT the hearing on June Il he promised to
bring him a full written statement OF his
own powers, duties and limitations
Yes. ] did promise" admitted Mr.
Woodward. but I have been advised rot
10 do It,"
"Mr. Berry" said the Coroner. have
YOU advised all the officials OF the road
not to answer a similar question:
Mr.. Berry said he had. and Mr. Bardo
and ]. a Droege. division superintendent,
said they would follow the lawyers ad-
f, vice. The Coroner said ne would give
them until Friday to come to final de-
I ciSion as 10 whether they would persist
In refusing 30 answer his Questions
In adjournng until Friday. the Coroner
said he would like TO have Mr. Whaley,
vice-president Of the road, and Mr.. Fa-
bian. purchasing agent, appear. lie told
them 10 be prepared to say whether they
would answer questions as to their pow
ers.
A committee of engineers was present
at the hearing. They said they would
appear on Friday to combat the insinus-
tons OF the road that it was the agree
ment with the engineers that was re-
sponsible for placing an inefficient man
in charge OF the engine which caused the
| wreck.
FREEDOM OF THE AIR ASKED
Closinp of Mvers's Experimental Sta