New-York tribune., 1918-12-03
Mayor Fails to
Find Doe or Roe
La Wreck Inquiry
Direct Testimony All In,
Guard Ordered Released,
and Rebuttal by B. r.. T.
Is To BE Heard Monday


The taking Of direct testimony in the
Brighton Beach elevated wreck inves-
tigation before Mayor Hylan was con-
cludcd yesterday with the identity of
John Doe and Richard Roe still mys-
terry.
At the end Of the session District
Attorney Lewis consented to the dis
charge of Samuel Rosotf, a guard, it
being agreed that there was no evil
dence to prove his responsibility. The
rebuttal has been fixed for II o'clock
next Monday morning, at which time
the Mayor said he would render
decision as to Eduardo Luciano, the
motorman of the death train. The
grand jury proceedings, separate in
qury, will be continued.
The efforts of the District Attorney
yesterday to establish personal blame
were the most strenuous since the
opening of the hearing. His most direct
questions, however, drew only vague an
N. u.
From w. S. Menden. chief engineer
of the company. who followed Colonel
Timothy S. Williams on the stand, he
tried to learn who had officially ap-
proved the new portion Of track in the
tunnel at the place where the wreck
occurred.
Gave General Approval
II didn't give any specific approval
of this particular part of the track"
Menden said, "but general approval
over all new tracks when in the judg-
ment of the engineers and contractors
on the job they were ready for use"
1t developed that Henry S. De Groot,
who was the engineer assigned by the
New York Municipal Railways Corpo-
ration to build this particular stretch
of track, had informed the operating
department Of the company, on the
morning of September so that all the
concerned, was finished, and that a
man named Brady or Brophy was sent
to look it over A trial train was run
over the track, after which Brody, or
Brophy, notified the proper authori
ties" that trains could be run over the
track regularly, said De Groot The
introduction of this Brody, or Brophy,
into the case is expected to have an i'm
portant bearing.
Colonel Williams, the first witness
called declared that as president he
exercised general supervision over the
B. r. T. system, but admitted that he
in
Of the contract under which the recent
reconstruction work was done on the
Brighton line. In reconstruction work,
he said, the advice of J. j. Dempsey is
usually sought. He said he understood
IN general way that the change in the
tunnel provided for reverse curve
which was sharper than the previous
one, and that although he had visited
the cut during the three years Of its
construction he had not seen it COM
rlete until after the wreck.
No Speed Control
The District Attorney then went into
the matter of the speed control devices
upon the cars of the subsidiary lines
OF the Brooklyn Rapid Transit Colonel
Williams, in reply to questions, said
that when the contracts were arranged
10 provision had been made for any
such devices on the cars OF the Brighton
Line, although there were speed checks
en- other lines.
w. S. Menden, chief engineer, ad-
mitted that no speed check devices
had been installed on the Brighton Line
trains, and there was no contemplation
of doing so. He said that train could
safely be run around the reverse curve
at Malbone Street from thirty to thirty
five miles an hour. When the Mayor
interrupted him here and asked him if
he was sure Of this, he added:
eyes, if the trains are not filled with
passenger"
In reply to District Attorney Lewis's
questions as to the existence Of auto
matte speed control apparatus on other
branches and their absence from the
Brighton line, Mr. Menden stated that
the contrivance in use on some of the
other lines couldn't be used on this
particular stretch, because the tracks
on this line have a guard rail which
will not allow sufficient clearance for
the device If certain structural
changes had been made, he said, the
automatic speed control device could
have been affixed to the Brighton line
cars. 1t would have taken Z. year, Mr..
Menden said.
Blueprint on File
How long have you been working
on the Brighton line tunnel ?" asked
District Attorney Lewis.
About three years"
"And although you state it would take
but a year to make the necessary
changes, you did nothing to install any
speed control device ?"
eve have filed blueprint looking
toward the construction Of some light
ing system with the Public Service
Commission"
Although Menden had earlier stated
that trains filled with passengers could
run around the death" curve with
safety at twenty miles an hour, he
'ater said he would not advise 1t. no
meter how experienced the motorman
was
He admitted that letter offered in
evidence had been sent to him previous
to the wreck by Chief Turner, of the
Public Service Commission, warning
him Of the condition of the tracks in
the vicinity Of Prospect Park and Park
side Avenue stations, but he said he
did not think this warning particularly
important.