The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-13
CULPABLY NEGLIGENT,
HOLDS CORONER'S JURY

Theodore +. Shonts. president OF the
marlborough; Frank Hedley. general
manager and vicc-president OF the road !:
Horace Fisher. secretary. and ten
directors of the company were held re-
sponsihle by a Coroner's Jury yesterday
for the deaths OF John Collins and Got .
leb Minnisch. killed on December in the
collision on the elevated railroad at ll6th
street and Eighth avenue.
The jury brought in verdict of ''cul-
pablo negligence" which according to
Coroner Riordan is equivalent In criminal
law TO charge OF manslaughter in the
second degree.
The directors named in the finding are
August Belmont, Cornelius Vanderbilt,
Edward X. Bacon, Il. w Berwind. Andre W
Freedman, Charles y. Ludlow, W. l. Pep
perman. T.. de &. sullivan, Edwin 3.
Mastrom and Thomas de witt Cuyler
Coroner Riordan set bail at $1,000 IN
each case and gave counsel until . o'clock
this afternoon TO furnish Il.
The verdict was returned after Coroner
Riordan had been the target for verbal
assault by the five lawyers representing
the Interborough, and headed by James
L. Quackenbush, general counsel for the
company. They tried vainly TO have the
Coroner recall the jury and change his
charge. which Mr.. Quackenbush called a
most glaring mass OF errors" based on
civil and not on criminal law.
Mr. Quackenbush was white with rage
and phrases such as You are a disgrace
TO the State" and You should be ashamed
OF YOURSELF hit the walls and bounded
back over the heads Of the spectators.
Coroner Riordan stood his ground. did
not try to fight back. and after 1t was all
over said that he would call the attention
of the Bar Association to the conduct OF
the Interborough's attorneys. not 80 much
because OF the personal nature OF the com
ment as of his desire to uphold the dignity
Of his court
session Full of Thrills.
The session, which was a short one.
starting at o'clock in the afternoon.
was run at high tension all the time The
last witness called. Alvin A. Rolfe, con-
ductor OF the train which rammed the ex-
press. was laboring under such excite
ment that he could hardly be kept seated
in his chair.
His testimony developed one new point.
which was bhat on tho way uptown on
the evening of the accident. Motor In
structor Deutcher went up to Motorman
McMahan at Flftieth street and asked
him how his motors were running. Nc
Mahan told him that the first two motors
were out OF order and that he had to run
the train from the fourth car. This was
taken to show that the officials were
aware OF the condition OF the train from
the time it left South Ferry.
In delivering his charge to the jury
Coroner Riordan first defined the various
degrees OF murder. manslaughter and
negligence, and then said:
III YOU find the officers or ents OF
the company guilty OF a higher degree OF
negligence than that included in lack OF
ordinary precaution.' or such care as an
ordinary prudent business man slows
on his own affairs. YOU may find them
guilty OF culpable negligence.
But culpable negligence is criminal
negligence, since, according 10 subdi-
vision of section 1862, Penal Law. the
killing of one human cling by another,
by any act, procurement or culpable
negligence of any person, which. accord
Ing TO the provisions OF this article, does
not constitute the crime Of murder In the
first or second degree, nor manslaughter
in the first degree, is manslaughter in tho
second degree"