The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1903-09-01

the roll of petit jurors.
The Chief Justice then said he under
stood that two of the defendants had
not pleaded, and that there would be a
session of the Supreme Court to take
their pleas. Prosecutor Riker announced
| to the two defendants that the court
would now accept their pleas, and they
pleaded not guilty.
| When tho jury was completed the de-
PENDANTS had challenged 1T2 jurors in alt
as follows:-E. #. G. Young, 10; David
Young, 15; Mr.. Shipman, IS; Mr.. Smith,
15; Mr.. Eick, 16; Mr.. Pratt, IS; DR..
Ward, 15; Mr.. Gaddis, 16; Mr.. Stanley,
16; Mr.. Crimmins, IS; Mr.. Cassatt, 16.
The State had challenged 10.
Prosecutor Riker began his opening
when fhe court convened in the after
noon.
"The dangers of the Clifton avenue
crossing were recognized as early as
1S99,' said he, sbut the trolley company
and the Lackawanna Railroad Company
became involved in controversy as to
the proper safety appliance that should
be used"
"As matter of fact Mr.. Riker
continued, there was no derailing safety
switch at the crossing on the day #
the collision. Snow had fallen and be-
came packed on the rails so that the car
slipped down the hill to the crossing,
even though the motorman put on the
brakes"
Ernestine Miller, said Mr.. Riker, on
her way to the High School, had to
stand on the car platform, because the
car, after leaving Orange street, was
crowded The car slipped down the track
although the brakes were set, and,
breaking through the gates of the cross
ing, passed over the freight track and
struck the engine of the Bernardsville
passenger train The front of the car
was torn off and all the children in that
part of it were killed or injured.
The North Jersey Street Railway
Company, Mr.. Riker added, was bound,
as common carrier, to have proper
regard for the safety of Ernestine Mil
ler
Edward F. G. Young, he said, as presi-
dent of the trolley company. had knowl-
edge of the dangers of the crossing and
its need. David Young was Vice-Presi-
dent, a director, and acting manager,
and he had knowledge of all these things.
He had knowledge of the need of de-
railing switch, having had charge of the
negotiations with the railroad. He also
had power to provide for the device.
Mr.. Riker said that the members of
the executive committee indicted were
the managing directors, and were, in
fact, the active managers of the corpora
ton. They had accepted the response
bility and it was their duty to see That
the cars were run properly and safely.
They are charged with knowledge that
the frent platforms were habitually over
crowded at Clifton avenue and of the
need of derailing switch there.
sThey all knew these things" he said,
'and yet nothing was, in fact. done. The
question for you to determine is whether
these persons are personally responsible
for the neglect to provide the needed
safety devices. whether the death of Err
nestine Miller was due to gross careless
ness on their part, and whether that
carelessness was so gross as to make
them liable for criminal negligence
Surveyor G. M. Kempf, the prosecu-
tion's first witness, testified that Clifton
avenue in the 1872 feet approaching the
D. L. & w. r. R. tracks falls 6 feet II
inches.
Mrs. Minnie NJ. Horle. the sister of
Ernestine Miller. of No. IA Fairmount
avenue, was about to testify to the girls
death. when Mr.. Lindabury of counsel
for the defense. said: ''We'll admit all
that
"Let it all appear on the record" said
Chief Justice Gummere. shat the death
of Ernestine Miller is admitted by the
defense and that it occurred on Febru-
ary 19.19O3, at Clifton avenue, Newark,
by the collision of their car with a train
of the Delaware Lackawanna and West
ern RAILROAD Company"
"And that she was a passenger on a
car owned and operated by the North
Jersey Street Railway Company" added
Mr.. Lindabury.
James Kay. letter-carrier. testified
that about $40 A. M. on the day of the
accident he heard the automatic signal