New-York tribune., 1918-11-05
Guilty Must Suffer for Fatal
Accident, Governor Ad-
vises Prosecutor
Story Of Accident
Told by Passengers
Four Men Die, Bringing
Death List to 90; Hylan
Is Attacked

Governor Whitman took hand yes
terday in the investigation of the
Brighton Beach elevated train wreck
Of last Friday, that cost the lives of
ninety persons The Governor sum-
moned District Attorney Harry 4.
Lewis, of Kings County. to the st.
Regis Hotel and instructed him to fix
the blame and to spare no one, no
n,atser how highly placed, in Furnishing
the guilty.
District Attorney Lewis will have
the full support of the state in going
tt the very bottom of this deplorable
accident and in trying to determine
culpablity. I have entire confidence in
the integrity and ability of the Dis
trict Attorney" the Governor said.
II believe the responsibility will be
fixed and that those who are liable
criminally will be brought to justice,
whoever they may be.
"Mayor Hylan is wrong in assuming
that the Board of Aldermen has any
jurisdiction with reference to selection
or control Of any employees of any cor
roration. Mr.. Smith is wrong in as
suming that the Public Service Com
mission has any jurisdiction. The Pub
llc Service Commission has no author
ity under the law to dictate to the B.
II. T. or any other corporation as to
what men they shall employ. The re-
sponsibility for the employment of
proper operators rests entirely with
the company, and they are civilly and
criminally responsible for providing
competent employees to perform their
duties to the public in this particular"
Witnesses Are Questioned
Immediately after his conference with
Governor Whitman District Attorney
Lewis returned to Brooklyn and be-
gan the examination of witnesses be-
fore Mayor Hylan, sitting as magis-
trate, in the John Doe proceedings de-
signed to fix criminal responsibility for
the wreck.
Two of five men who took the stand
had been passengers in the first car
Of the Brighton Beach train on ,he
fatal trip. They were chums, boys Of
nineteen years, Joseph Doyle, of 1877
East Fifteenth Street, and George
Nordstrom, 1875 East Thirteenth Street.
Before the taking of testimony Pat
rick Callahan, representing Edward A.
Luciano, also known as Lewis, the mo-
torman of the wrecked train, and Sam
del RusoF. guard, asked that his cli-
cnts be admitted to bail. Mayor Hylan
asked District Attorney Lewis what he
thought would be proper amount. and
Mr.. Lewis suggested $4,000. Attorney
Callahan asserted that the criminal
code fixed the bail in such cases and
that 1t could not exceed $1,000. The
District Attorney protested, and at the
conclusion of the session Luciano's bail
vas fixed at $4,000 and Rusoff's at
$1,000.
Luciano stood before the bench with
downcss. eyes, his face dark from a
three days growth of beard.
Towerman Is Called
Joseph Walker. secretary of the
Public Service Commission, was the
first witness. He read into the record
salaries of the Brooklyn Rapid Transit
concerned in the accident. Next was
Peter German, of 180 Saratoga Ave-
nue., who described himself as a con-
duct0r and "acting towerman."
German explained that he has been
working in the elevated railroad
switfhman's tower at Franklin Avenue
and Fulton Street
Last Friday he went to work at d
p. m. At 6:24 train with no marker
lights stopped near the tower. He said
ne guessed" it was a City Line train
and accordingly set the top semaphone.
lie discovered he had GUESSED wrong"
when the train stopped after passing
the cross-over. He then described how
he had switched the Brighton Beach
train onto the proper track after con-
versation with the motorman Luciano)
IN which the latter failed to explain
Why he had accepted the wrong "ball Z"
which IS the way the Brooklyn Rapid
Transit men refer to semaphores.
German said it was the motorman's
duty to wait until he got the proper
semaphore.
Doyle was called next and limped to
the witness box on a sprained ankle
suffered In the wreck. He said he got
ms seat to woman with baby and
stood leaning against The front door
At point where he could see into
che motorman's box.
Tells of death Ride"
we. went faster than usual across
the bridge" said he. "The train made
all stops, but in very jerky manner.
At times everybody in the car was
thrown forward and sideways. We
took the wrong track at Franklin Ave-
nue.. and after getting Strengthened out
WSbt ldoNcT ana laSter. Inc stop at
Dean Street was made after the for
ward car had passed the station. Next
came Park Place. The pace was mod
crate, but after Park Place there Is a
down grade and we went along picking
up speed until we hit Eastern Park
way.
1--WE were going fifty miles an hour
lust before we hit the tunnel. We hit
the tunnel without slackening speed.
Then came the humping along the ties.
There was crash. was thrown
down. All ] remember then were the
screams, shouts and noise of breaking
glass. When | could get up l helped
some of the other people to get to the
Prospect Park station, just beyond the
tunnel"
District Attorney Lewis then called
Nordstrom, Doyle's friend. He said the
motorman took the curves along the
line at "risky" speed.
Passengers were laughing and some
were complaining because many had
been thrown clear out of their seats
into the laps Of passengers on some of
the curves" Nordstrom said "Finally
a number got off at Franklin Avenue
because they were scared. We went
much faster than had ever ridden on
the line before. When Consumers Park
station was passed We just saw fash
Of light; then we went around the
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