Newark evening star and Newark advertiser., 1912-04-08
LE CAL BATTLE ON
At OUGAN TRIAL
Continued from First Pase.)

Afou \ hSs "1~J
is the first appearance of former Judge
Davis in a criminal courtroom since
his retirement from the bench, last
December, and, by a strange circum
stance, it was in his old courtroom
today that he appeared to help out his
nephew,
To Face other Charges.
In addition to the manslaughter
charge against DNgan, there is also
one of assault and battery against him
in connection with the accident to the
Tichenor girl. A third indictment,
charging assault and battery against
Dugan, Clark and Nolte. will be tried
later. This indictment is founded on a
charge made by Ovidio Bianchi. who
witnessed the accidents and gave chase
to the fleeing Dugan machine. When
he reached it. he alleges. he was as
saulted by the three young men.
Another peculiar angle to the trial IS
the fact that for the first time in years
Louis Hood and Prosecutor Mott were
opposed to each other in a case where
homicide was involved. This pair so
often associated together in big trials,
the Ocey w Snead famous bath tub
mystery case, for one. fought for every
technical point in the selection of the
jury. AS a result it was not until nine
men had been examined that Edward
A. Cain, of III Elm street. salesman,
was chosen as foreman.
Then slowly followed the men who
took their seats in the jury box, many
challenges by both State and defense
coming in between: No. 2. John j..
Kelly, 1877 Spruce street, Newark, ma
chinist No 3, Phillip Jackson, 113
Vesey street, contractor; No 4, Arthur
Harris, 124 Miller street, Newark, coun-
ty sealer of weights and measures;
No. 5, Allerton Kilbourne, AZ High
street, Orange, broker; No. 6, Andrew
Kenefic III Bank street, Newark, gas
filter; No. Z, Charles Meile, Forty-sec-
ond street, Irvington. mason; No. 8,
Harry A. Getchius, SS FaiTmount ave-
nue. Newark, retired; No. 8, Charles
Beach, 121 Prospect street, Newark,
clerk; No. 10, Louis Jeandheur 1913
South Tenth street, Newark. glider;
No. II, Frederick Keer, 367 Clifton ave-
nue., Newark, art dealer; No. u, Frank
Decker, ia Orange street, Newark, ex-
pressman,
TaIesmen Challenged.
Judges figured largely in the ques-
tions put to the jurors. Prosecutor
Mott would say to the prospective
juror, "Do you know Judge Davis or
Judge Dugan Gather of the prisoner)?' ?'
Sometimes no matter whether the an
swer was 'yes' or mo" the juror
would be challenged. Louis Hood, for
the prisoner, would frequently ask
talesman, do you know Judge Mott,
the prosecutor?"' and no matter what
the answer was sometimes the tales
man was permitted toI take his seat.
Before the jury box was filled the
defense had exhausted all of their
twenty challenges, while the State had
used up seven of its ten challenges.
In opening the case for the State
Prosecutor Mott spoke briefly: "As
many Of you gentlemen know Day and
Main streets, in Orange, compare as
far as traffic goes proportionately with
Broad and Market streets, Newark,
and, therefore, Dugans action in driv-
ing his machine at a dangerously high
rate of speed rendered him criminally
negligent"
Edward G. Kempf, surveyor, was
the first witness called. He identified
maps and plans of Day and Main
streets made by him after the accident.
Edward McDermott, father of the
lad who was killed, was the second wit
ness called and told of how he had last
seen his boy alive about 1880, about
and hour and a half before the acci-
dent occurred. Later he saw the lad
in the hospital just before he died
about 2:30 o'clock Christmas afternoon.
William c. Read, an Orange police
officer, related how he had noticed the
car driven by Dugan- coming up Main
street at rapid rate of speed, esti-
mated by Read at 35 to 40 miles an
hour He said just as the car shot by
him at a. point about $50 feet aeast of
where the accident occurred, passing
street cars obscured his view and he
did not see either Miss Tichenor OF
young McDermott hit.
As the street cars passed Read tes-
titled he saw the body of Miss Tichenor
rolling in the street and ran to pick
her UP, two other men standing her or
her feet just before he reached her
In oo,,, ~, a ', aarad va csipu autumn Ohi II