New-York tribune., 1913-06-28
Refuse to Give Evidence That
Might Fix Individual Blame
for Stamford Wreck.
TESTIMONY MNADVISABLE"
Counsel Advises Silence to Pro-
tect Them Mellen and
Associates Summoned
to Next Session.
rBy Telegraph 70 The Tribune J

Bridgeport, Conn. June 7.-Unexpected
developments arose suddenly to-day In
the inquiry held before Coroner Phelan,
when, upon the refusal Of Vice President
Whalley of the New Haven road 10 tes-
tify as to his own or other officials spe-
ci1c duties. upon the plea that il might
tend TO incriminate them. President Mel
len and all other high officials were
ordered 70 appear on Tuesday next in
the Stamford wreck investigation.
That the Coroner was attempting 70 fix
responsibility for the Stamford wreck
upon an Individual rather than a cor
porate body became apparent from the
statements of Coroner Phelan In response
to objections interposed by Benjamin /.
Spock, railroad counsel.
Attorney Spock announced that, follow
ing a conference with the officials Of the
road. they would not be permitted TO tes-
tfy as to specific duties In connection
with the operation Of the road.
Coroner Phelan Immediately announced
that he would then call upon Secretary
Arthur 3. Clark TO produce cOp.es of fhe
bylaws OF the road, also all agreements
and contracts relative 20 the purchase OF
engines, rolling stock and the hiring Of
employees since January 1. 1912. lie also
instructed counsel to produce President
Melen and every other official Of the
railroad before him on Tuesday next. Mr..
Mellen to be permitted TO select any hour
that his duties would permit.
Vice President Whaley, taking the
stand. defined his duties as general su-
pervislon and operation Of the whole sys-
tenn"
He testified that he had had no part in
the engineers agreement or in tho con-
tract with the Pullman company which
resulted In the use Of the Skylark, the
telescoplng OF which he later refused 10
discuss I'm comparison with n modern steel
car Asked 70 define his absolute power
and responsibilities, the witness appealed
10 counsel and refused 70 answer upon ad-
vice The Coroner then intimated that the
matter was a personal one FOR the witness
70 decide. whereupon witness again re-
fused n do So under advice Of counsel
The question, "Is IL because you fear 70
lncrimnate YOURSELF elected the reply
that Il might not only do that, but It
might incriminate others.
Counsel for Doherty, the arrested engi-
neer. then wished to have this answer
clearly recorded In the notes
II. A. Fabian. manager OF purchases and
supplies. refused 10 answer similar ques-
tons upon the same plea. He became 50
vague In his answers that the Coroner
was again compelled 10 appeal 10 Attor-
ney Spock. and was informed the witness
had been informed 1t was 'inadvlsable'
TO testify on suct subjects.
Taking UP the matter at this point At
torney Spock said that though he did not
wish the matter clouded by any efforts OF
the company. he thought that the facts
had all been ascertained oy the Interstate
Commerce Commission Investigation, and
that IN case II were necessary 70 get any
further testimony for the purpose Of de-
termining whether officials Of the COM
panv were responsible they must protect
themselves. and that such inquiry 10 fix
individual rather than corporate respon-
situlty would devolve upon the States
Attorney.
II want 10 locate the responsibility"
continued the Coroner. "and II 7 can find
that the equipment was poor and any Of
your officials knew II was poor I want 70
ind that out Further. II improper help
was hired l want TO find that out. / can
not ascertain that II YOU persist In your
objection 10 the officials testifying.'
Adjournment was taken Until July I.