Evening star., 1948-01-06
Empire: J. Janitor
To Tell if Owner
Asked Silence
Faces Boord Quiz
Tomorrow on Alleged
Removed of Wall
BY Jerry O'Leoy, Jr.


Empire Building when it collapsed
December 16, will appear before the
Board of Inquiry tomorrow to tell
whether or not he was advised to
keep his mouth shut" about alleged
removal of a first-floor abutment
before the collapse.
Six or seven other witnesses, most
Of them tenants Of the structure at
New York avenue and Ninth street
NV, also will be called to the stand
to tell what they know about the
building
The colored janitor, who told The
Star he failed to appear at yes
terday's session through a misun-
will be asked to amplify
testimony of two former residents Of
the building that Mr.. Brown had
said Nick Papanicolas, owner Of the
building, told him to keep his
mouth shut" about the alleged abut-
ment removal.
Tell Of Conversation.
David A. Stoner and Arthur Storke
told the board yesterday Of a con-
versation they said they had with
Mr.. Brown on New Years eve. Mr..
Stoner said he congratulated Mr..
Brown on his luck in not being in
the building when part Of 1t col
lapsed. Then, Mr.. Stoner said, he
asked Mr.. Brown what he knew
about possible causes Of the collapse
in which four were killed and IL
were injured.
According to Mr.. Stoner, Mr.. Brown
declared an abutment had been
removed and that Mr.. Papanicolas
had urged him to keep his mouth
shut" about it.
Mr.. Papanicolas, interviewed after
the hearing recessed yesterday,
denied he had said anything to the
janitor about such a removal. He
said he had seen Mr.. Brown on
Sunday and chatted with him about
when another building might be
built so the janitor could go back
to work.
Gets Another Job.
Mr.. Brown, who lives at 5104 Call
street Sc, told The Star late yes
terday he no longer considers him.
self an employe of Mr.. Papanicolas
The janitor said he is employed now
at Wisconsin avenue dress shop as
a porter.
Some mystery surrounding Mr..
Browns failure to appear at yester-
days hearing was cleared up When
the janitor appeared at the District
Building at about 2 pm. He said he
thought he was supposed to appear
anytime Monday, according to the
building inspectors office.
Joseph L. Parkhill, jr., an investi-
gator helping Building Inspector
Robert H. Davis, said the special
five-man investigating board had
been unable to locate Mr.. Brown
last Friday and had asked police
to help find him. He pointed out
that the board has no power of
subpoena.
Found at Home.
Police found Mr.. Brown at home
late Friday, asked him to appear
and obtained his consent, Mr.. Park
hill said. Mr.. Brown again agreed
to testify when he showed up at
the District Building yesterday.
Other testimony yesterday in
cluded:
A statement by Ben Fields, man.
ager Of the City Finance Co., which
occupied the first floor of the EN-
pire Building at the time of the
collapse, that crack appeared in
part of first-fioor wall early on
December Is.
Announcement by Stewart Beall
chairman Of the board, that five
of 10 building permits issued for
the structure since it was built in
1893, are missing from District files
Mr.. Fields said he noticed the
crack on December Is and called
Mr.. Papanicolas to inspect It, He
quoted Mr.. Papanicolas rs promis-
ing to take care Of it" and declared
nothing was done. The building
collapsed about 36 hours later.
Denied Being Told.
Mr.. Papanicolas denied that Mr..
Fields had spoken to him or that
such a crack was in the wall Sec
tion when he inspected it at about
noon on December Is. He agreed
that water appeared to be leaking
from the section. Mr.. Fields de-
scribed the crack as being about
two feet long near the top of the
section around one side and two
ends.
Investigators have agreed that the
focal point In the case is the central
portion of wall that one extended
about 80 feet across the interior OF
the first floor. Testimony and rec
ords have established that three
separate sections of the wall were
removed up to 1882, leaving about 10
feet of the wall standing. The wall
has been described as a bearing
wall. Its place in the wreckage is
still covered by hundreds of cubic
feat If do1,rie