The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-12-12
HYLAN HOLDS 6
B. R..'T. MEN FOR
MANSLAUGHTER
Mayor Issues Warrants for
President and Officials
of Company.
GRAND IJURY WILL ACT
Responsibility Of Public Ser
vice Commission in Fatal
Wreck to Be Taken Up.

Mayor Hylan, functioning as n
Magistrate. applied the guilt is per-
Bonal" theory yesterday to the wreck
of November on the Brighton Beach
line by issuing warrants charging these
six men with manslaughter in the
second degree:
Timothy S. Williams. president Of
the Brooklyn Rapid Transit Com
pany.
John II. Hallock. president OF the
New York Consolidated Railroad
Company. 3. r. T. subsidiary op-
\ Grating the Brighton Beach line.
John J. Dempsey. vice-president
and superintendent Of transporta-
ton of the d. r. F. system.
William S. Menden, chief engineer
and assistant to President Williams.
Thomas F. Blewitt, superintendent
OF the southern division, Of which
the Brighton Beach line is a part.
Edward Luciano, or Anthony
lewis. a dispatcher acting as mo-
torman of the train that smashed
into the walls of the Malbone street
tunnel, killing ninety-three persons.
The fist FIVE will be arraigned at 2
o'clock this afternoon in the Adams
Street Court. where the warrants will
be served. Mayor Hylan fixed their
hail at $4,000 apiece and continued
the $4,000 bail of Luciano, who was
arrested the day after the wreck. He
has synit-atl in NJ ot, aud 10
held for the Grand Jury.
Inquiry on Commission Next.
In addition to announcing his con-
clusion. based on testimony obtained
In John Doe hearings over which he
has presided. that nanslaughter had
been committed. the Mayor asked Dis
trict Attorney Lewis to ascertain by
Grand Jury inquiry whether or not
the Public Service Commission shared
tn responsibility for the catastrophe
by reason of wilful neglect Of its SUI
pervisory duties. In his typewriter
findings the Mayor said:
IF the testimony in this case is true
II would appear that the Public Ser
vice Commission. and particularly the
members of this commission who have
had long years of experience on the
commission. have been flagrantly dere-
lict AID wilfully negligent in the per-
fcrmance OF duty imposed on them by
the Public Service Commission law"
He charged the commission with
having failed to inspect nroperly the
construction work at Malbone street
and see that the tracks were safe for
fr.l IN xayif
out protest, radical changes Of the
construction plan, notably the lower
ing of the elevation of the outside rail
from five to two inches. Thereby"
the Mayor said, causing the cars of
the train running at fast rate Of speed
Ground this curve to lurch or sway
over and strike the concrete pier or
supporting wall. resulting in the death
of over ninety persons and injuring
approximately 200 more"
woman in Black" Intervcnes.
At the end of yesterdays session in
the Kings County Court, House a wom-
an in black. Mrs. Bella alderman,
who has attended most of the John
Doe hearings, got up and said she
represented the Peoples Society, and
wanted to say something.
This is not the time" began
District Attorney Lewis.
What is It you want to say?" said
the Mayor.
~ want 20 say something to the
b. 4. 7. officials on behalf OF the
Brooklyn public" answered Mrs. Zil-
herman. 1T is In condemnation of the
.. Il. r. and the passing OF the buck
py them. | want 10 speak TO them
about this murder case"
Both the Mayor and the District At
tc.ncy FASTENED TO interrupt her. his
Honor requesting her to talk with the
District Attorney. Meier Steinbrink,
representing Col. Williams and Messrs.
Haliock and Menden, perhaps see
ing something on which to base an ap-
phcat!on for change of venue on the
ground OF "thc infiamed state of the
public mind" asked eagerly for a copy
of the Official record of this incident,
but the Mayor ordered the stenograph-
cr 10 strike it out.
Asserts Service Board Failed.
Mayor Hylan devoted most OF his
exposition to the Public Service Com
mission. He said
There Is another grave and i'm
portnnt matter brought out by this
examination; that IS. the apparent fail
ure and Culpable neglect Of the Public
Service Commission to perform their
duty 10 investigate and INQUIRE into
the methods of operation OF this COM
.pany and to- inspect it's construction
and equipment and to see to il that
II was safe for the operation of trains. "
He quoted from the Public Service
law and railroad laws and the dual
system contract to show that the in
specting duty of the commission was
most minute. Under the railroad law
the motormen employed by the COM
pany had TO be ut and competent"
and II was the duty of the Public
Service Commission to see that this law
was obcyed, The Mayor also read that
part of the dual system contract in
which the company agreed "to operate
the railroad and existing railroads
carefully and skilfully according TO
the highest standards of railway opera
ton. and with due regard to the safety
of passengers and employees thereof
and of all other persons" and also
agreed TO use the best safety de :
vices"
The Mayor continued:
THE Public Service Commission
failed TO compel the installation of
proper signal or speed regulation
devices which would have checked the
AnnRn a In rim