Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-02-09

a driving shaft; these slots were cut
for the purpose of permitting the lug
near the end of the pin to be inserted
in the holes; after such insertion and
turning of the pin it could not be
withdrawn without turning the pin
around in the holes so that the lug
could slip back through these holes.
thus permitting the pin to be with
drawn.
"As the empty buckets came down
they were removed from the s~uspending
iron by withdra wing the pin and re-
leasing the handle or bail of the bucket;
the full bucket was then attached to
the cable by means of this suspending
iron and pin, the pin being passed un-
der the bail or handle of the bucket,
and through the holes in the suspend
ing iron, and turned around so that the
lug would o permit 1t to come out
until the pin was turned SO that 1t could
be withdrawn. In this manner the pin
was securely fastened, and could not,
if so fastened, be withdrawn so as to
release the bucket without turning it
around in the holes.
Was There Any ReckIessnessf
THE first question that arises is
whether the accident was due TO neglI-
genee on the part of any one charged
with a special duty to exercise due care,
which was SO gross as to indicate a
reckless disregard for consequences,
and whether the situation was such
that, in case of accident, there would
be serious danger to human life.
THE circumstances were such that
it is apparent hat IL this pin were not
fastened with care the bucket was like
~ to fall and cause injury to the cais-
son, which would cause the very acct
dent which happened In this case.
1T is also apparent that the nan
whose duty it was to secure his pin
properly was under q special duty to so
secure the pin that an accident such as
this should not occur by reason of the
slipping out of the pin holding the
bucket. The situation was one which
clearly involved great danger to life in
case the pin was not properly secured.
No Presumption of Negligence.
! LAS o general principle. the mere
proof of the occurrence Of an accident
raises no presumption of negligence,
but in cases OF this kind, where the
accident Isl such as. In the ordinary
SOuAoS VI lklillBS, TUuIu uOl ildNt MP
pened IL proper care had been used, 1t
is presumed. In the absence of ex-
PLANTATION, that the accident arose from
want of proper care, and q presImp.
ton of negligence arises.
IF the person was guilty OF negli-
gence in failing to properly fasten tie
pin, as may reasonably be presumed
in the absence of explanation, from The
Ed AI~A ~ - III nN
the breaking of any part of the ma
chinery or apparatus, and If, un4er the
circumstances existing, you n that
his negligence was not due to ordinary
inattention, but was due to gross
neglect to properly fasten this pin, he
should be indicted for ~manslaughter.
Another matter which 1 deem of
sufficient Importance to call to u at
tention is a matter which involves the
administration of justice In this coun-
ty. From the information that has
come to the court It appears that some
time ago the sheriff of this county,
with his deputies, descended upon the
premises in the lower part of the city
on Saturday night or early Sunday
morning and tool into custody some
fifty people, men and women. A num-
Z vi tiiCHC hAAN0 "a
bonds before a justice of the peace of
the county conditioned for the appear
ance of such persons, as witnesses or
otherwise, before one of the police
courts in this city at an examination
to be held in such police court,
Only One Bond Accounted For.
"Under the law the bail bonds should
have been transmitted by the Justice
of the peace to the clerk of the police
court wheIe Elm the examination was to
have been held. 1t appears that only
! one of the bail ponds, being that
against the person accused Of keeping
the disorderly house, has been account
ed for. All the other bail bonds, being
for witnesses, have disappeared. The
clerk of the court is alleged to claim
that he received only one of the bail
bonds from the messenger who came
to the police court, while the justice
of the peace Is alleged to claim that
all the bail bonds were forwarded to
the police court through the messen-
ger. The messenger is alleged to claim
that he delivered to the polIa court a
sealed envelope in the same condition
that he received the same from the JUS
tice of the peace, the envelope being
supposed to contain the bonds.
1.-The question therefore presents IT.
self as to whether these bonds were
lost unintentionally or gotten out of
the way by some person or persons
with the intention OF perverting or
obstructing the administration of JUS
tice or the due administration of the
law in this county. The matter is an
important one, and 1t should be in
quired into carefully by you through
an investigation of oil the circum-
stances attending the same. 1t Will
not do to allow any person or persons
to perpetrate such an affair in this
county and escape all responsibility.
If the matter were perpetrated know
ingly md with the intention OF OBJ
| structing the administration of Justice.
| should such occurrences be tolerated II
would have the effect OF bringing the
administration of the law into dis
repute In his county and would reflect
discredit upon all persons connected
with the laws administration.
Must Indict for Conspiracy.
Your duty In the matter, after you
have given it your careful attention. 10
to indict for conspiracy all persons
guilty. connected with this affair II
you find that the bail bonds were DOM