The sun., 1903-09-03
DIRICrORsASKFoR ACQUIlfAL
URGE NO CASE m TRIAL FOR NEW
ARK TROLLEY WRECK.
Prsseeatasa nesss and the Deseaee PseeAs
That Ne lcstaence Aas Deea Aaasced
- Prove Responsibility fec Cs0ds.
tisn at the Fatal Grade Croes>ne.

uo0 ~ tne Fetol Sfooc SS~"e'
Counsel for the seven rnember of the
director' executive committee and OF
the Ave ofYioers Of the operating depart
ment Of the North jersey Traction Com
pany, all indicted for manslaushter for
having az alleged, through criminal neEii-
gence caused the death OF Ernestine Miller
who. with eight others, was killed at the
Clifton avenue crossing Of the Delaware.
Lackawanna and Western Railway in New
ark on Feb. 10 last. moved yesterday that
the Court direct the jury to aoquit because
the evidence had failed to fix the RESPONSE
bility on the defendants.
This motion followed the announcement
Of Prosecutor Riker that the State rested
iss case. 1t was argued by Mr.. Lndsbury.
for the defence, and Mr.. Riker for more
than two hours. court adjourning three
quarters Of an hour later than usual. Al
the conclusion Of the debate Chief Justice
Gurnmere said he hoped to be able to an
nounce his decision at the opening OF court
this morning. Some Of the lawyers who
we're spectators yesterday believe that the
chances for Q favorable opinion are about
even.
With the exception Of E. F. c. Young.
president Of the North jersey company.
and John D. Crimmins. who came in q
little later. all the defendants were present
when court opened.
Frederick Heluer the repair man OF
the bloomfield avenue car stab,sss
testified TINT when the brake handle
on the front platform was turned
toward the rear Of the car there was space
of two fest clear between the handle and
the door. Robert E Van Ness OF East
Orange testified that the car did not stop
at any time on the grade; that the car was
crowded. that there was fine. dry snow
on the tracks, which looked az II It had
been thrown there by passing teams.
With these witnesses testimony "a to tho
accident proper came to an end. and Fred
erick Evans, secretary Of the North Jersey
company, was called to the stand. and
produced the bylaws Of the company.
from which Mr. Riker read sections by
which, presumably. the prosecution pro-
poses to connect all Of those under indict-
ment with responsibility for the collision
One Of the rules prohibits anybody ex-
cept employees from riding on the front
platform.
II is part Of the contention Of the prose
cution that this rule was hAgrantly vio-
lated and that its violation was 10 long
continued and 80 notorious that tho officers
Of the road may be assumed to have been
construct lively cognizant Of such violation.
Only two more witnesses were called
after this testimony Both are civil en-
gineers and were in the employ OF the
Della ware, Lackawanna and Western at
the time Of the conferences concerning the
dangerous condition at the Clifton avenue
crossing
William K McFarlin Of East Orange was
the first OF these witnesses. Up to nine
teen da Va before the collision he was chief
engineer Of the Delaware. LAckawanna
and Western road Mr. McFarl testified
tn the main advantages OF the derailing
switch. Mr.. Linda bury, on crose-examina
tion, drew from the witness the admission
that a derailing switch on the trolley hns
alone, ope that was unconnectsd with
signals on the steam road, might not re-
move danger of collision. Its chief
adva ntage over the custom Of having the
conductor 20 ahead and $50 that no train
was coming while the car remained sta
tionary thirty feet from the crossing lay
In it's moral effect upon the motorman.
On cross s-examination the witness tee-
tilted that in the controversy between the
roads the difference between the Della
ware, Iackawanna and Western company
and the North Jersey company was with
reference to the kind Of derailing switch
that should 60 in at Clifton avenue. The
Delaware, Lackawanna and Western COM
pany objected to putting In an intsrlocking
dersiling switch which displayed signals
that would hold up trains on the steam
road On that point there was deadlock
between the companies.
Arthur A. Reimer. the other civil en-
gineer testified as to the number Of derail-
ing switches in use In and around New
York Tho point the prosecution sought
10 establish was that the switch was COM
mon device, well known and in general
use
At this point the prosecution rested.
and Mr. Lindabury moved that the jury
be directed to bring In verdict Of ac-
q'nttal :.
The specifications in the indictment,
said Mr. Lindabury. -is that the defendants
are guilty Of neglect Of duty in three par
ticulars First. that they allowed the
front platforms Of the cars to he 80 crowded
with passengers that the motorman was
inpeded and prevented from properly
operating his brakes, the charge being that
the accident at the Clifton avenue crossing
was due to the motorman inability, be-
cause Of the crowd about him, to apply the
brakes Second, that the tracks were In
bad condition, that they were extremely
dangerous, and that the defendants were
responsible, II being their duty TO see that
the tracks are in good condition. Third.
that the crossing was extremely dangerous
and that derailing switch, devioe In
common use. was necessary to It's pro-
lection"
Mr. I.indabury then cited two cases
as TO responsibility. in which it WAS laid
down by Justice Field that in order to eetab-
lish criminal liability there must be neglect
of "A plain duty one about which no two
reasonable men could differ He denied
that there had been any evidence worthy
of belief that the mOtorman had been pre-
vented from applying his brakes. On the
contrary. the evidence had shown that
the brakes had been set As TO the danger
- Lz...a -