The Providence news. (Providence [R.I.]) 1891-1906, 1903-09-03
DID NOT
KNOW OF
CROWDING
Counsel for Osfsncs Moved fol
Verdict in Crossing Horror.
Claim Charges Uaprovsn.

Newark, n. j.. Sept. 3.-In the trial
Street Railway company. accused OF man
slaughter In connection with the Clifton
avenue grade crossing accident the first
witness yesterday was Frederick Hell
mer. the repairman at the Clifton avenue
car sheds. whose testimony was a tech
nical description OF the cars and brakes.
Frederick Evans. former secretary OF
Vice President Hobart and now secre-
tary OF the Public Service corporation,
was called upon 10 produce the books
containing the bylaws OF the North Jer-
sey Street Railway company. From this
the prosecutor read selected sections on
the duties OF directors and officials. show
ing how the various duties are delegated
from one TO another. but they all are
responsible for the carrying out of the
rules OF the company.
After Prosecutor Riker had finished
reading extracts from the bylaws Of
the company he told the witness, 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 were at nearly all the meet
ings.
Mr. Riker then offered the minutes OF
the executive committee I'm evidence. Mr.
Riker then proceeded 10 show the post
tions held by the indicted men on the date
OF the accident but counsel for the de-
fence said they would admit all that. and
the calling OF witnesses was resumed.
further testimony as to the accident being
presented
STATE RESTS CASE.
w X. McFarlane former chief en-
g,ncer Of the Delaware. Lackawanna andg
Western railroad was called 10 tell what
hc knew about contracts made between
the Morris and Essex railroad and the
North Jersey Street Railway company
for .he placing OF derailing switches The
witness admitted that he had objected to
the Plan OF placing a derailing switch at
the Clifton avenue crossing, because IL
would have been interlocked with the sig
nal system OF this railroad and would
hove held up trains whenever n trolley
car crossed the tracks.
The state rested this afternoon Ar
thur A. Rhymer, a civil engineer. was
the only witness at the afternoon session
He was called to testify about derailing
sw tohes and the interlocking system
on cross-examinatlon he admitted that
lie had been I'm many cities where derail-
ing switches were not used AZ crossings
thot were fully as dangerous as the Cliff
ton avenue crossing
At the CONCLUSION Of this testimony
Mr.. Andabury. for the defence. moved
that the court desire the Jury TO find
verdict OF not guilty Argument was
opend Immediately by Mr.. Lindabury.
~ arguing for the dismissal OF the
case Mr.. Lindabury said that the claim
that the defendants had allowed the car
to be so crowded that the motorman
could not work his brake had not been
upheld, but approved as ~ hai been tes-
titled by the state witnesses that the
motorman had room sufficient. II had
not been shown that tho defendants had
any knowledge OF the crowding OF the
cars. He argued that the state had fall
ed absolutely 20 show there was any
connection between the acts Of the de-
PENDANTS and what occurred
Justice Gummers reserved decision on
the motion 10 dismiss until today