New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-05-02
ThompSon'S Counsel Hints
Officials Were RemiSS in
Not Placing Blame.
EXPERT TESTIMONY
PREJUDICED, HIS VIEW
Reports of Two Engineers War
ranted Action by Grand
Jury, He Holds.

he Thompson legislative committee
e. the resumption Of its inquiry yes
'crday delved into the two csve-in acct
cents IN the subway excavation m
seventh Avenue and Broadway, last
September.
Frank Moss. counsel 90 the commit
'cc, tried 90 show that the public au-
.hor.lcs. particularly the District At
'orrcy. were romiss IN their investica-
"on and failed 20 place the response
p..;y for criminal negligence when re
ro-ts and cv dcrcc. which could easily
r7rc been available. were not discov-
cred az the ooroncr's inquest into the
death of ;hc nine persons killed in the
accidents. The investigation died with
he ccroucr's inquest. District Attor-
-cv Perkins having dec dcd there was
~o, sufficient evidence 90 present TO
no c'snd jury.
The blood Of nine dead persons
CRIES out for vengeance" Mr.. Moss
acclaimed at the close or the hearing.
'The testimony here to-day simply
shows that At the coroncr's inquiry.
overloaded with prejudiced expert tcs-
'mony, the reports Of engineers and
testimony OF witnesses which would
have strengthened the peoDlc's case
we're lo't OFT. and that even despite
that FACT 40 the close OF the inquest
frcro was evidence i'm the hands of the
Public Service Commission and also IN
Tho hands OF tho District ATTORNEY.
which could have been laid before a
Judge or q police magistrate"
Moss Criticises Investigators.
O0c or the witnesses was K. Walter
'~cgzbaur, consulting engineer on
tho Mayors board OF engineers. who
mace an investigation Of the structure
after the cavc-ins. Mr.. Moss brought
out that while there we're eight or ten
engineers ON the Mayors board. Nelson
J.. Lewis. the chairman, and only one
other engineer were called At the
coronCr's hearing, while Mr.. Creuz-
oaur S report. indicating criminal neCli-
cCncC, was opposed 10 that of mis- ssso-
c.atcs, and he was not examined. 4.
]. Schscfcr, consulting engineer IN the
borough Presidents Office. made a re-
port similar &c Mr.. Creuzbaur's. but did
not appear a. the coroner hearing.
The testimony Of these engineers
end the report OF Charles Fnzian, a
United States engineering expert Of
the Bureau OF Mines. which had not
been heard Of at the time OF the cor
oucr's inquiry, Mr.. Moss contended.
would have been sufficient 70 warrant
further action by the grand Jury for
criminal negligence. He pointed out
that Engineer Davies, the expert for
thc United States Realty and Improve
ment Company, and a score Of other
engineers and employees of that com
pany, which was building the Seventh
Avenue subway, were examined as wit
rcsscs by Alton b. Parker. counsel for
the company. and that tho courtesy and
attitude allowed Mr.. Parker Al the
nearing were Unrestralned.
Negligence Is Intimated
The report Of the Federal engineers
appeared during the testimony OF
Leonard w. Wallstein, Commissioner
o. Accounts. who had conducted the
investigation Tor the Mayor. Commits
-iOncr Nalistcin said that he had sent
4 copy OF the report to the District
Attorney. but had not made IL public
because the Burcau or Mines had in
ormcd him that j. was 20 be consid-
,rcl FOR the confidential use Of the
..'y authorities.
senator George +. Thompson finally
put the Enzian report in the record.
ne report severely criticised the en-
c.ncers Of the Public Service Commits
on
The work was done under the super
rs on of representatives Of the Public
Service Commission the report read
but judging by the timbering used
here was no one in authority familiar
with underground work" In work Of
UGH importance as subway construc-
ZION the supervision and inspection OF
rock excavation and timbering should
be- done by men with extensive mining
knowledge and experience
Mr.. Moss examined j. ". Toilette,
'ormcr Assistant District Attorney,
who conducted the examination for Mr..
Perkins. The witness said Mr.. Perkins
had suggested the appointment OF II.
deb Parsons, an expert engineer TO as
sist I'm their investigation. Mr.. Moss
wanted 10 know II Mr.. Parsons was not
brother Of William Barclay Parsons.
the S2J,000-a-yesr engineer employed
bv the Interborough." The witness did
not know.
Mr.. Toilette admitted he was much