New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-31
BURLINGTON RAILROAD SLAUGHTER
TRIAL OF THE ENGINEER FOR MAN
SLAUGHTER.

TRIAL OF THE ENGINEER FOR MAN
SLAUGHTER.
COURTOF OYER AND TERMINEE, BrRLrNerOS Coz NJ
e1Acy G. PoTTs ESQ. Assistant Judge Supreme Court
Associates: GEORGE HAYWOOD, JOSEPH j. BVDD. DANIEL
STEWARD
MouSr HOLLY, Burlington Co., n. D., (
Friday Dec. % 1855.
The trial of Israel Adams, engineer on the Camden
and Aubov Railroad indicted for manslaughter in
causing the death of Margaret Prescott on the Goth
day Of August last in the County of Burlington at the
time Of the great railroad slaughter, was commenced
fiji. morning a, the Court House before Judge Potts
and Associate Judges.
The following is the bill of indictment found by the
Grand jury at the September Term:
BURLINGTON COUNTY, SEwJERsEf.
Inc " s.'''' Indictment for Manslaughter.
Rnrington County. TO wit: The Grand Inquest of
the state Of NewJersey and for the body Of the County Of
prrron mon their respective oath AID affirmation present.
That ISRAEL Adams late of the Township Of Burlington County
yves int icre moved and seduced by the intsaton Of the
Devil the 18th day Of August il the year Of our ho1 ~
rgton aforesaid within the Jurisdiction Of this Court was
the engineer Of certain engine having Is 81 con- crtiH
railroad known and designated by the nale ana u'e % tne
Camden and AmbOy Railroad and then and there as sun e
gueer had the control OF said engine aa ram % On The
attached thereto, then and there being driven "a I I
6adTa
as engineer the said train Of passenger care ten ana
there HAVING divers to wit: one hundred Pia re
e. rineer OF said engine, and having the tram OF cars
attached thereto as aforesaid, the SAINT pctHs 49,
o. d we b the Srisdcon with flon
o% and uSw fully from soss neglect and carelessuess
the said train Of ca Mh n sis snd
against certain horses, 10 wit: horses OF one John
KEN then and there crossing ana beng on 'ne s ,d t he
whereof said train of passenger cars so & ~ &c
said engine and under the control OF the taid lsae %
aforesaid then and there thrown from he sad aIoan up
set broken and crushed to pieces Dy men i b id borse
ing Of said train Of passenger cars 10 ana against tis %
as aforesaid and thereby throwing off, upseng breaHs ana
crushing the said cars into pieces aforesaid one Margaret
Prescoit peace Of God and OF the sad Sats men an
there being then and there MORALLY bruised huft aug
wounded IL S u fn tb aid Msrsaet Prescott Of which
said mortal bruises and wounds the said Margaret rIe
colt then ard instantly died and 50 the jurors Aforesaid
Israel Adams the said Margarct Prescott in manner and
f aforesaid felooly did kill and slay, against the form
Of the statute such made and provided and against the
Counsel sateG 5 Cannon, p,osecnn' Sit'sey, sra
J. {. Ten Eyck. aud Wul. l.. Dayton
About dozen of Jurors were challenged, and the
following jury was finally selected
Samuel C. Middleton, Eli Rainier, Isaiah Worel
Georre W. Tuy. Joshua +. Boune' benz H. Lamp,
Jo. b. jonas %son Mahlon Goco, Charles BuI'.
The prosecuting attorney opened the case to the
jury by reading the above Indictment defining the
crime with which the defendant stood charged, and de-
failing the principal facts and circumstances which
woud be adduced to show that the defendant had
been guilty of gross negligence and thereby was d.
rectly responsible for the death which had ensued lie
then read the law applicable to this ofense, as CON
tanned iii Wharton, Greenleaf and other criminal
authorities and stated that the evidence would be
mainly confined to the acts Of the defendant indicating
upop hi, part want of that degree of caution and at
tention which the law imperatiyey requires He would
show by number of witnesses
/ That neither the bell nor steam whistle IN the loco
motive Of the train which was under tne ueiehdanls
control and direction, and which was then backing,
was rpg or sounded in the manner or tor the length OF
time required by the statute OF the state III such case
made and provided. !,
ii. That this train was driven backward py 'he ue-
endant on this day al an unsafe oaie''S9 auO
III That this collision occurred within the corporate
limits OF the City of Burlington, with when elty the
Company have an existing contract limiting the sPeeu
of trains within the city at rate not exceeding SIX
miles per hour and various other facts ana circum-
stances which would tend TO show negligence on the
part OF the defendants.
John +. d. Heineken, swon-I am physician re-
snu At Couu busvie; the 18th Of August wa gong WITH
my "ite and Thomas Antrim an1 @ie; 70 10 few SnssreG
rom The iyer driving tow Burlington. looked up the
I1aa @ e from he RAILROAD when it Is really about a.
the ryer road the railroad in kid OF 81 e 4oOut
u
halfway between the rYer ana tnt Cius,h-
uled out my and looked at the time and IenaIAed
tt n time had ELAPSED Tor tie cars 10 be OUT OF te way
cen the time OF the the sins for nave 10 cross
by tie duties ui LAY lTuie-.loh'
II A. their egula ion 10 meet AZ burlington am 20 Toe tas
"a he there; marked wife ard the ctners III vac oa-
that should be ont Of the way OF the ceIs as we % @
ea fo tie passing Of the trains; my wife honAs A.l
hi. "a he and little sri IN had looked u ~
confirmed Gitcitiyey tie direction 81 i4f Ia4'iVa4
- discover II could hear tram aplroocI- a IN!
cu.,f, in strrnachu- railroad tIaek; my aen-
5;ertF cl et, LID the railroad toward botlehto"h as
n ere j. little house AID OF the side toward
cuued lookiug up the road steuaSely III aipIo1lE W
THE fhet-clEicft'l tIe-r
this lot; tinued LOOKING up tAe tOal
"a le was tAssug this tAgeecornered lot s5~ t"o me-
owing Ia tis lot afrOac hing tie NSoA nose Vol
heard he'll. whistle. nor rum NIX OF S -
no .ould wbateY er that would a. nouce o. an a
Judging that the track Wa elsa+
t--tcy, 1 turred NV attention toward Burlington! "hrl
nred nv heed the object that caught NY sehl9u
isr aud tee betW 90 and 30 PAGES IRON t
act. continued nv attention TOW sTd BuIiiuEoi -s e
- Lear above and Mrs Cooks house y ilIht He-
..-,rS directed down the IoA4 a. ~
To- bouse 70 see that the track was clear rom Du
IA, gtou I was then approaching n-ht on 70 'Hr
-, cen eight or fret the tTack heard LII
sound bagkllg a. ludeel GOV - son~5
a ~ nm the road could not tell whchi Jadseu - 49,
L., the iron Of the railroad s. Y Will convey he sou4
= ,-ndeit u M Immediately checked ny no1ses -
s,-s on m the road; held them hard. ana ieN matt
sri and the struck ire cAiilA-e So - tbsr
o. he trsck; lut so rapid were tie cars iLnt LIVER % 80
-; strnrk II WAS Ike cannon oal -
=, - The carriage ~hrh uree' trostH = .Ce ~
81 led toy ard BURLINGTON; every SPOKE was oo-
IL flre-wlfe but two, Aho Nui.e a. .arb .ida
o. Of he hind q e. tie horses wee throw 1e o. 80 ~
=, go, trark ou sv lbout 80, the othet - PAGES ''o. -
tr-rE dow md ear TIE tTack 'tey were - a. =
,sttn marx OF o.. wheels hsvng injured thsIh' -
d.sn SO lOok'd down tue ga' s.~ Is :, -, XShst IL
1,rej - er he fccent srd Wa Al los 20 AhS ,n
=. 81 ltr. IL md coa4 &c. A-e o. va . 7" - -'-