The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-07
|CHISEL FIGURES In
B. R. T. WRECK TRIAL
Police Inspector Tells About
Tool Found Near Scene Of
Brighton Disaster.
WARNING SIGNAL DARK
Testimony Conflicts on Com
potency Of Lewis, the Death
Trains Motorman.

First testimony tending to show that
an obstacle on the rails and not criminal
Negligence on the part OF the b. r. T. or
It's employees caused the Malbone street
tunnel wreck on the Brighton Beach line
last November was given yesterday In
the trial for granddaughter OF Thomas F.
Blewitt, division superintendent, In the
Supreme Court at Mineola-
On cross examination by the defence
Samuel McE1roy, police inspector. testi-
Ned that Inspector Finn showed to him
a cold chisel about six inches long which
he said a Public Service Commission
man had picked up about thirty feet
from the mouth of the tunnel.
Mr. ICELAND also succeeded In getting
from the States witnesses tho admission
that Lewis or Luciano. the alleged In
competent motorman whom Blewftt 10
charged with having put in charge OF the
train in his effort to break a strike. had
had considerable practice In the opera
ton Of trains while making them up In
the yards and in connection with his
duties as guard. towerman and des-
patcher.
Otherwise Il was District Attorney
Lewis's day. Under questions from him
and from Assistant District Attorney
warbasse he drove home to the Jury the
statement in his. opening address that
Lewis, or Luciano, had ebeen chosen for
this trick at the controller of train
laden with human beings despite the
fact that the company's elaborate and
complete system Of examination and ser.
tiflcation showed that he was not mt
person to run the train under the rules
Cold ChiseI Find Il Disputed.
with regafd to the finding OF the cold
chisel on the tracks the prosecution made
every effort to show that the spot had
been closely guarded and that no one
not connected with the police or District
Attorneys once could have examined
the wreck at that early hour.
II was disclosed, however, that Public
Service Commissioners. secretaries and
inspectors had been on the scene OF the
wreck. with reporters, officials and even
Mayor Hylan.
"Did you see any Mayors around
thereT' Mr.. oeland for the defence asked
Inspector McElroy, cor. rather. did you
see The Mayor. Mayor HylanT'
Yes" replied the witness. "I saw him
there about IL o'clock that night"
wasn't that pretty late for the Mayor
to be out ?" asked Judge Seeger. WIN
comes from Orange county. where the
lights 60 out early.
The testimony that the motorman had
hao somo training was uiocioSoo Just 70
fore the end OF the days hearing. VIII
lam II. Schmidt, motorman who was
on strike at the time OF the accIoent- mao
told the story OF the events that leo up
to the strike when the company refused
to accept the award or the war Labor
Board and return certain discharged en-
ployees to work.
Questioned by the defence he testiheh
that he had known Lewis. the motorman'
for at least year before the accident
Ibid you ever see him drill cars IN
the yard, SHIFT them from one track 10
the other. make up trains ana otherwise
do work that only man familiar with
the equipment could 90? MI Oeiahd
asked him.
Yes. / did, replied schmidt Tie
was doing motormans work when ne
was dispatcher and not quaihed TO
do IT."
The District Attorney got an admls-
sion from Schmidt that Lewis ran the
cars In violation OF the oompanyS rules
signals Declared inadequste.
Tho nrosecpt,on devoted most of the
dav IN having before the turSa the nhysi-
cal details or the wreck Great stress
nails AT the mouth of the tunne, past
which Iewis is alleged 10 have dashed
HE train AZ thirty mr. FORTY miles an
hour instead OF the six miles indicated
an The w, e,Ing no.ts
II vas shown that tho six mile warm
Ing s,vnaI VA, NOT lighted. that the
onIv IiSbt IN the cut was from the stars
and that the red signal lantern. also
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