The free lance. (Fredericksburg, Va.) 1885-1926, 1903-09-03
MILLIONAIRES ON TRIAL
Directors of North Jersey Railway
Company Arraigned in Court.
A GRADE CROSSING DISASTER

Question to Be Decided Is Whether
Personal Responsibility For Death
Rests Upon Directors In Gases Of
Accident.
Newark, N. j.. Sept. 1.-The seven
members of the executive committee
OF the board of directors OF the North
Jersey Street Railway Company APP
peared in the Essex county court for
trial on an Indictment charging them
last nine Newark high school students
were killed in collision between a
Clifton avenue trolley car and a Lack
awanna express train.
Indictments were returned against
Alexander J. Cassatt. president OF the
Pennsylvania Railroad Company; John
ID. Crimmins. of New York; Edward f.
c. Young president OF the North Jer-
sey Street Railway Company and OF
the First National Bank of Jersey City;
DR.. L. ID. Ward, vice-president of the
Prudential Insurance Company; Elisha
B. Gaddis. wholesale merchant and di'
rector OF the Pennsylvania Railroad
Company; David Young. yice-president
and general manager of the North Jer-
sey. and J. Roosevelt Stanley
The real question which will have TO
be settled will be the much-mooted but
never decided one OF whether personal
responsibility for death rests upon the
directors of street or steam railway
companies in cases OF accident. Law
yers and laymen Of several states will
therefore watch the case closely. as 1t
Is expected that new law Will be made
and new procedure established, there
being scarcely any precedent upon
which to conduct The present case.
After the jury was chosen. the prose-
cutor opened for the state. reciting the
nature OF the accident the conditions
OF the tracks and dangers Of the cross
ing On the morning OF the accident
he said. the crossing was covered with
snow and ice. so that the brake shoes
of the car were clogged. In consequence
the car slipped down the incline.
smashed through the gates and cOllided
with the train. He said that common
prudence demanded clean tracks. empty
front platforms. so as not TO interfere
with the motorman. and safety de-
railing switch. These were absent in
this case lie then named the defend
ants individually and stated that they
were aware OF the condition or the
tracks. that they knew about the cross
ings. and they had done nothing to
avoid the accident He asked that they
be adjudged guilty Of the charge In the
indictment.
The first witness was Edward }.
Kempf. n surveyor. who showed dia-
grams and measurements he had made
of the Clifton avenue crossing and the
immediate vicinity.
He was followed by Mrs. Minnie N.
Horle. sister OF Ernestine Miller. The
defense admitted the death OF Miss Mil
Ter and also that she was a passenger
ON the wrecked car. This was done to
relieve Mrs. Horle from the pain OF
prolonged examination as TO her sis
ter's death.
The last witness OF the day was
James Kay. a letter carrier. who was
at the crossing at the time of the acct
dent. He described the condition OF
the approach to the crossing, and said
that the motorman OF the trolley car
apparently made every effort to stop
the car, but could not do so on account
of the ice-covered condition OF the
tracks