New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-04
THE NEWARK TERDICT.

II NAV hc said without disrespect to Chief
Justice Gummere and his colleagues that intel
ligont and right minded citizens Of Newark and
neighboring towns who have watched the pro-
ceediugs I'm the trolley accident case with deep
interest would have been better contented with
The result if the court had permitted the jury to
exercise its functions. instead of ordering a yer
dict Of acquittal. Doubtless the court possessed
fun authority TO do what IL did. but much
competent evidence had been put on the record
in support Of certain vital points presented by
the prosecution that it is not altogether salts
factory 10 have the court dismiss those ques-
tons OF fact as not merely improved, but UNI
worthy Of the consideration of the jury. We do
not care at present to refer TO these issues in
detail or 10 the unfortunate circumstance that
the case was tried under an omnibus indict-
ment which made no discrimination among the
defendants: but il seems desirable TO call atten-
ton 10 one Of the conditions which indisputa-
bly, existed when trolley car and locomotive
crashed together in Newark last February.
The Chief Justice, in saving the jury the
trouble OF finding a verdict, said the State had
not shown that the front platform Of the trolley
car was so crowded with passengers as TO inter
fere with the motOrmans use of the brake.
Nevertheless. the front platform was crowded.
and it was crowded in violation Of an express
rule OF the company. as counsel for the de-
PENDANTS took pains TO show. That is a matter
Of general interest for il brings to mind the fact
that the same regulation is commonly made by
street railroad managers only TO be broken
with their connivsnce 10y their employees when
circumstances render the breaking Of it profit
able to the companies. A little incident which
happens 10 be within our knowledge supplies
an illustration % this familiar policy. \ woman
riding I'm closed car Of the Metropolitan com
panv had with her little girl who was sick
and faint and whom for that reason she led
ont on the front platform for the sake of the
fresh air. II CHANGED that the car was not full
and therefore The woman and the child were
ordered 10 the seats they had left by the con
ductor 10 whom the case was explained In
cur opinion he Gid right. but doubtless few
hours later that same car carried as many pas
senCers on the front platform a. il would hold
because seats and standing room inside were
damned and the conductor knew the COM
pany wanted him TO collect as many fares rs
possible.
II In old times the occupation hy passengers
Of tie front platform of a slow horsecar was
not particularly objectionable. it is certain that
the front platform of heavy trolley car. NOV
in@ swiftly through streets in which there has
been an enormous increase Of traffic. should be
reserved exclusively for the motorman. whose
attention ought not 10 be diverted from his du-
ties for an instant and who ought not 10 be
subjected 10 the slightest risk OF physical in
reference. The rule nominally requiring such
conditions TO be preserved is proper and nee
essary. but it is piece OF impudence to pre-
tend that il is inviolable 80 long as there is no
sordid motive for violating it. and then TO per-
nit or instruct. employees To disregard il ut
terly when nickels are waiting to be collected
from more passengers than the inside OF ear
viii hold. Whether the motOrman Of the trolley
car which shattered I'm the Newark tragedy
Was or was not hindered in applying his brake
by the children surrounding him. the regulation
cited in behalf Of the defendants in the case
ended Yesterday was vilfully aud recklessly
violated The 18th Of last February. as il had
been hundreds Of times before. Has it been
scrupulously enforced ever since? Are similar
regulations habitually enforced on any street
ear line NJ the expense Of the company: