Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-09-17

The chief Justices charge was the
most important work of the day at
the Court House
Sitting with him as he opened the
September term of court were Judges
Harry V. Osborne and William P.
Martin. of the Court of Common
Pleas. and Judges Frederick Adams
and Nelson Y. DUNCAN, of the Circuit
Court.
When the members of the grand
jury filed in to be sworn the court-
room was crowded. Not only was
every seat taken, but the aisles were
crowded.
Manager Paul J. c. Derkum, of the
Motordrome, and Ray Peck and Ray
Seymour, two riders who were in the
fatal race when Eddie Hasha ran
wild. were among the spectators.
Besides the men from the sheriffa
and prosecutors offices there were
many lawyers present for the arrang-s
ing of the term calendar.
In his charge the chief justice said.
in part:
Charge to Grand Jury.
Gentlemen of the Grand Inquest:
In beginning my charge to YOU
this morning | desire to say a few
words with relation to the shocking
disaster which occurred at the vails<
burg Motordrome week ago last
Sunday. In pointing out to you tho
possible criminality which may exist
on the part of the management for
the eight deaths which resulted from
this disaster. whether such crinin-
alty exists will depend on what you
find to be the facts and the law APP
plicable to the facts as you shall find
them as l lay 1t down to you
The sport which was conducted al
that place was, of course, a highly.
dangerous one, but II does not neces-
sarily follow from that that the per-
sons who conducted it were criminals
ly responsible for the accident which
occurred"
Must Show CareIessness.
Unless, the justice went on to say,
it were proved that the track was
constructed with wilfu or highly
reckless carelessness for the lives and
safety of the riders and the guests
whom the management invited to witt
ness the riding, or In the NANTES
nance OF the track, no charge could
be made against the management"
Justice Gummere strongly advocat>
ed that the jury make a personal in
spection of the scene of the accident
as he has done He said that If
agreeable to them he would make ar
rangements with the prosecutors Of
flee to provide for such a trip. He
went on to describe the track as he
had found 1t.
THE track is built upon an incline
of about go degrees. with a slope OF
40 degrees from the level However.
the angle is so degrees for pretty near
ly two thirds of the heigh..
THE purpose of constructing the
track on such an angle is, of course,
to prevent the riders. driven by CEN
trifugal force, from being forced over
the top. This seems to be the most
favorable scientific method of con-
structing such tracks.
At the top of the track there
was a perpendicular of three and
one-half feet, and beyonu that
perpendicular barrier or bulkhead of
between two and a half and three
feet in height. This was constructed
Of heavy wire netting of four by four
thickness fastened between posts.
The netting was sufficiently heavy to
prevent a motorcycle from going
through it to the spectators
Thus there was a perpendicular
elevation of practically six feet fho
purpose of which was, of course, to
prevent a rider who had swerved off
the track from getting UP among the
seats.
Question of Tracks Safety.
1.-THE question, I would suggest to
you, is whether the track was con-
structed so reasonably safe for use
by reasonable methods as to make it
reasonably unlikely that an accident
of this kind occur. If it was so con-
structed, and so maintained, it seems
to me that no criminality can be
charged against the managers Of the
track
AS there was no question of the
good maintenance of the track, JUS
tice Gummere said. the question for
the jury to decide is whether tho
track was constructed with reckless
carelessness. If such was found to
be the case 1t would be the duty o.
the jury to indict the managers for
manslaughter.
After explaining that the law pro-
vided three degrees of responsibilities