Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-09-03
WAS PROBATION TAKEN
To Prevent Such an Accident as Hap
pened at Newark, N. j.?

Newark, N. j., Sept. I'm the trial
of the officials of the North Jersey
Railway Co, accused of manslaughter
in connection with the Clifton avenue
grade crossing accident, the first VIII
ness, today. was Frederick Helmer, the
repair man at the Clifton avenue car
sheds, whose testimony was technical
description of the cars and brakes.
Frederick Evans, former secretary of
Vice Pesident Hobart and now secre-
tary of the Public Service Corporation,
was called upon to produce the books
containing the bylaws of the North
jersey Street Railway Co. From this
the prosecutor read selected sections
on the duties of directors and officials,
showing how the various duties are
delegated from one to another, but they
are all RESPONSE BILE for the carrying out
of the rules of the company.
After Prosecutor Kicker had finished
reading extracts from the bylaws of
the com pany, he told the witnesses, Mr.
| Evans to refer to the company's books
for the year preceding the date of the
accident and tell who were present at
the several meetings of the executive
| committee of the board of directors.
| An investigation of the books showed
that the members of the committee
| under indictment We're at nearly all the
meetings.
| Mr.. Riker then offered the minutes of
the executive committee in evidence
Mr.. Riker then proceeded to show
the positions held by the indicted men
! on the date of the accident but counsel
for the defense said they would admit
all that, and the calling of witnesses
| was resumed, further testimony as to
the accident being presented.
w. X. Mcfarland, former chief engi-
neer of the Delaware, Lackawanna &
| Western Railroad, was called to tell
what he knew about contracts made
between the Morris & Essex Railroad
and the North Jersey Street Railway
| Co, for the placing of derailing switch
| es. The witness admitted that he had
objected to the plan of placing a de-
| railing switch at the Clifton avenue
crossing, because it would have been
interlocked with the signal system of
his road and would have held up trains
! whenever Il trolley car crossed the
tracks.
| Inc Sldlc TeSlcu, lIllS dlleIDOOll.
| Arthur A. Ttyhmer, a civil engineer,
was the only witness at the afternoon
session. He was called to testify about
Gerailing switches and the interlock
system. On s-eXamnation, he ad-
mitted that he had been in many cities
where deraiing switches We're not used
on the crossings that We're fully as
| dangerous as the Clifton avenue cross
mig. At the conclusion of this testi
mony, Mr.. Lindebury for the defence.
| moved that the court instruct the jury
to find a verdict of not guilty. Argu-
ment was opened Immediately by Mr..
| Lindabury.
In arguing for the dismissal of the
case, Mr.. Lindabury said that the
claim that the defendants had allowed
their car to be so crowded that the
motorman could not work his brakes,
had not been upheld but disproved, as
it had been testified by the State wit
nesses that the motorman had room
sufficient 1t had not been shown that
the defendants had any knowledge of
the crowding of the cars. He argued
that the State had failed absolutely to
show that there was any connection
between the acts of the defendants and
what occurred.
Justice Gummers reserved decision
on the motion to dismiss until tomor-
row