New-York tribune., 1903-09-01
NEWARK DISASTER TRIAL
DIRECTORS FACE A JURY.
FauF Of CEfton-GUe. Crossing
Horror To Be Decided.

se- Indictment for msnslaughter in connection
u-b the Clifton-ave trolley disaster on Feb
rns-v u before Chief Justice Gummere in the
-ir-uit Court al Newark. yesterday. there
,ee,,r trial ike no other in the history OF
o,r1e-se,.-like no other in the history OF
rubric service corporations. n is a trial in
stioh VIII he decided the degree OF RESPONSE
tr+v hold by the directors and executive heads
= q CORPORATION which through carelessness or
vuf,,l neglect causes loss OF life. Unique also
,s ,-fe r-iaI IN the character Of the defendants
re- n v-rr r-t,- interests. men Of millions. were
.se bv SIDE Yesterday with their numbest en-
.r,,-es while to defend them eli there was
,-our ~ lawyers whose like has been assembled
seldom rr Nev-Jersey court annals.
To defend A ! CasSatt. president Of the Penn
..--.a Railroad Company: F. =. G Young
,ssfser- or The North Jersey Street Railway
--~--qrr. David Young. former vice-president
and general manager ~ the North Jersey. Or.
leslie n ward first vioe-president Of the Pru-
se--fe1 Insurance Company: John y. Crimnlins.
of +r-e -Irr. Elisha r Gaddis wholesale
r-r-e~ sf Newark. J Roosevelt Shanley. con-
tractor 30 Newark. the indicted directors. and
Charles n Shipman. former general superin-
,s-5e--. arthur W Pratt. former roadnaster;
7.rrsr5 F.ck who was superintendent of the
crr,or.sve division. and James Smith, his as
u-s--s Richard y Lindabury. Joseph Coult and
,osarb r TredenburRh
The state too. had an augmented corps. Pros
.-,ro- Riker being assisted by ex-Judge Fran
rs child Louis Hood and Edmund Wilson
That the Court itself recognized the importance
NJ this trial was shown by the fact that chief
Justice Gurme-e associated With himself Jus
r-e Bennett Van svokle and Jonathan Dixon
CROWD AT THE TRIAL.
The public whose rights as has beer shown
~ The Tribune fu connection with this case.
have frequently been neglected also recognized
the real issues ~ stake. and long before The
doors ~ tho courthouse were open there was as
senbled great fhrong, 20 restrain which spe-
cisl force ~ ratrolnen was needed. There stin
exists fn Newark great part II the horror and
wrath which the Clifton-ave. tragedy stirred
up. and while an DO not hold the extremist
views ~ the grand jury which indicted the
executive committee Of The board Of directors
there is an almost overwhelming demand that
tho executive officers and worknnen. who. by
reason ~ -heir places must have known II the
danger. be made 20 assume their fun responsi-
hfIitv The technical charge cites the name Of
Ernestina Miller.
Seated in the courtroom watching the pre-
lirninarv arrangements were the parents and
high school pupils passengers on the m-fated
trolley car They viii be called 70 testify dur
fng the trial The committee appointed by the
rarents Of the victims with Henry Ill father
oe Viola Ill as chairman was also present 10
watch the proceeding
Nir Crimnins was the last Of the defendants
20 arrive Immediately afterward counsel for
the defendants and Prosecutor Ril1er entered
-he Judges private room and remained in con-
ference for few minutes. When they came out
rho three justices took the bench. Justice Van
sycke seating himself on the right Of Chief
Justice Gumrnere and Justice Dixon on his left.
Then began the calling Of the names Of $50
tales~er from which the fury was - be Sc
ieare7
TIE LIST OF JURORS.
The jury was made up as follows Carl Mau,
rec estate dealer. of Verona. Nelson NJ Bald
win. painter. ~ Newark. Dennis Olvaney. car
perto~ of Newark. Thomas Douglass plumber
~ Niuhuw. Harry Falovs. butcher, Of Belle
vile. Robert ?. Punn. grocer. OF Newark
Roger p Buuerworth real estate dealer. of
Fas- orange. Charles Aokerman dealer in veg
etahles. of Orange. Henry r LeTerts druggist
of Franklin. John \. Cokefair grocer. Of New
s-la John p. Lee undertaken Of Orange. and
Charles stopper painter of Newark.
Zach of the defendants had twenty rerenp-
tory challenges. and they used lT2. any man
who had ever served o1 jury in a case against
f'f trolley company being promptly rejected.
WINE ihe jurors were heinz drawn United
states Senator John p Drvden. president of
me Prudential Insurance COMPANY Of America.
anf I7al p MoCarter. president of the Fidelity
Trust 'omparv ~ Newark entered the court
'''-. shook hands with the DEFENDANTS and sat
nesr them
"777 rho calling ~ rho roll of tho talesu1en
was completed. David Young ard Richard Eick.
TWO a't6ndants who had not pleaded I'm the
supreme Court. we've arraigned They pleaded
i'' guilty. and each furnished So 900 bail. Mr.
1oune WAS in Europe when the case came ND
iT Pho supreme Court and Nr Eick was IN
'atitorn.a. whore he went immediately after
Tho accident
THE PROSECUTIONS CASE.
Prosecutor Rtker. in opening for the state
sad The defendants were charged with man
slaughter in the killing ~ Erneytina Miller He
sad Tho state would prove facts for the i-,- ia
of'e-r're whether the killing was Of such 2
character ss to make Tho defendants guilt, ~
harinc rouGucted the business of she North
Jersey Street Railway Company sn such a way
IS orouEht death carelessly. and whether tho,
fad shown reckless disregard for human life
Nr RiEer said that the Statc. would prove that
'i'- crossing was one - special danger He said
'hai ss tar back as lS99 tho necessity ~ a de-
rams switch was apparent 20 both the North
'erse' Street Railway Company and the Iacka-
wanna Railroad Company. and that switch
"as placed on the ground. but was never con-
70 Ted because the Two companies could not
r'5@r an aEreement as 20 how 81 should be con-
'''if1 and iD consequence it vas subsequently
removed
Tic called attention 10 the condition q the ap-
I''a'h ~ rhe crossing on the morning Of the
accident. covered with snow and ice SO that the