New-York tribune., 1903-03-04
CORONER BLAMES MANY.
HIS CHARGE SEVERE.
Calls Nerark Wreck Jury's Atten-
tion to Various MiSdeeds.

a stop lust before 1t reached the crossing and
then continued again. Frank Knott, assistant
superintendent Of the Board Of Works, testified
that he had@8imited authority. He received
orders from the general superintendent or the
members of the executive committee on the
board.
Q.-Have you ever removed snow from Cliff
ton-ave Mr. Knott? A.-No sir.
Q.-Has your attention ever been called to
o.NHave you ever been instructed to find out
if the speed ordinance was being violated: A
No
O-Have you ever sought for violations Of city
ordinances by street railways? A.-No
Q.-Have you ever taken steps to protect the
structed to do so.
General Superintendent Shipman of the troll
ley company testified that he had never received
complaints of the danger at the Clifton-ave.
crossing or the overcrowding of cars.
Q-Have YOU ever received complaints Of the
violations of the company's rule regarding the
carrying of passengers the front platform?
A-No complaints, but know the rule is vio-
lated.
Q-With your knowledge? A.-Well, I sup
pose
Odd you make report to Mr. Young about
these violations? A.-Yes
Q-What did he say? Ale told me to
O-Did YOU know the rule was violated
the Clifton-ave. line? A.-No, sir.
Foreman Coe Of the jury said: II stood last
night at Broad and Market SITS. waiting for
Kfnney-st. car, and Irvington car came along
with half g. dozen passengers on the bumpers.
One Of the companys inspectors, Mr.. Carly.
| patted one or two of these men on the back and
said This is the last night, boys. Shortly after
this an Irvington came along with six men
| on the bumpers, and moment later another one
| with five standing on the bumpers. Mr. Coe
asked the witness If he had received report of
| oP he Of .
| have not" replied Mr.. Shpman.
Al suppose so.
Q-Why wasn't a sand car used in Clifton
| ave? Al couldn't say.
Q.-WhOse duty Is 1t to send out sWeepers ana
sand cars? A.-The assistant superintendent 8.
! Q.-Isn't it a fact that you have had knowl-
| edge that the rules OF the company were vio-
lated and haven't disciplined employees response
| bic for it? Al think good many have been
discharged.
| that reason? A.-NO. sir.
Q.-HaVe you ever discharged a conductor for
permitting passengers to ride on the bumpers!
| Q.-Are there any other rules you have al
| lowed to be violated without diSciplining them!
A.-No.
Elisha B. Gaddis, a director Of the trolley
| company and member Of the executive commit
| tee, was asked about the SaSd and salt used.
He had seen the sand boxes on the street but did
not examine the sand. The committee had no
| knowledge of violation Of the rules The trouble
was that enough could not be got to Broad
| and Market SITS. to carry the traffic.
o.-Is the difficulty lack of cars lack of
power? Ats really due to the growth of
population getting ahead of the car service.
O.-HoW much do you think the population is
ahead of the car service? Al don't think 1t Is
ahead now. We've provided additional power
| and more cars.
In the afternoon Coroner Heman said, in
| part. in his charge to the jury:
| The question is, who is responsible? II the
evidence before you is sufficient to satisfy you
| that the North Jersey Street Railway Com
pany, or, rather. the management of the same
| is responsible, 1t is your duty SO to place the
! responsbilty If YOU are convinced by the evil
dence that any individual officer or officers or
any of the employees are alone responsive. or
| should you find that the Lackawanna RAILROAD
| partInent or any other public officials are re
sponsible, it Is your sworn duty TO put the nlale
| in no uncertain terms just where 1t belongs.
Let me remind you of the following facts
| brought out at the inquest:
| The Lackawanna Railroad Company and in
| fact other railroads in this city are running
their trains contrary to- and in disregard of. the
city ordinances. Their rate of speed is far In
| excess Of that prescribed by law. The superln-
| tendent Of the Morris and Essex division of the
! Iackawanna acknowledged entire ignorance of
| any city ordinance regarding speed Their gates
are Inadequate, and not constructed as they
should be and as prescribed by law. Neither are
all trains halted as they should he at certain
street crossings. neither does the system OF SlS-
nal bells sufficiently safe and reliable to in
sure perfect safety at street crossings
The North Jersey Street Railway Company
| seems to be lacking, in spite of its apparent
| excellent organization and it's we'll defined sys-
| TEN of subordinate district superintendents II
| in YOUR Judgment Il has been proved by the wit
nesses that not sufficient has been exercised
| by the company and their officials: If there has
| been gross neglect in furnishing suncient cars,
help, sand salt. to insure safety. 1t Is your
| duty to find q verdict against the company.
| Permit me to recall the substance OF the evil
dence in this regard. -
According to the hill man stationed at Cur
| tCn-ave and Orange-st.. from Hacker to High
SITS salt was put the rails at - a. m. or
| the fatal day, about four hours previous 10
| the accident. Was that sufficient to insure
absolute safety to the car. the tracks be1ng
covered with snow and ice and the temperature
| at zero? Against that testimony you nave the
| evidence of very reliable and trustworthy Wit
| nesses who on examining the rails Immediately
! after the accident. could not discover trace
| of salt The same hill man testified that the
sand in boxes was frozen ana unnt 10 DC nseu' @
| and had so reported to his superior VINO. now
ever. disregarded the request for good ana Dry
/ sand Not one of the witnesses examined couid
discover and trace OF sand on the ralls OF
for that matter on the ground nearby. before
or Immediately after the accident
The fatal car was overcrowdeo. inc rear
l platform was denselY packed and the front plat
form filled with children. no doubt interfering
| with the motOrman's duties. GSd tho conductor
failed to run ahead of the car to satisfy himself
that the railroad track was clear It Ia your
| duty to carefully consider all these points and
| to find accordingly.
| There is another point for you to consider.
| that is In how far the city authorities are re-
| sponsible The officials of the Board Of Works
admitted under oath that the railroad gates
were not constructed in accordance with city
ordinances that the speed ordinance was con-
tinually violated. vet that nothing was ever done
| officially TO prevent overCfoWdnG OF cars except
to get promise now and then from the general
| superintendent Of the North Jersey Street Rail-
way. a.,
iRornr fTan nd ri DG-