Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-04-29
100000 EXPRESS
RIOT SUIT IN COURT
WeIIs-FargO Co. Wants Jersey
City to Make Good for
1910 Damage.
TRIAL. CONDUCTED IN
FEDERAL COURT HERE
Mayor Wittpenn and Members
of Board of Aldermen APP
pear for Defense.

To recover 5000 900 damages claimed
to have been suffered during strike
riots in Jersey City in the fall of 1910,
the Wells-F Fargo Express Company is
bringing suit against the mayor and
aldermen of Jersey City today in the
United States District Court in the
postoffiee building here before Federal
Judge John Rellstab.
Ting suit brought by the express
company is based on the act of March
n, 1874, which makes the city respon-
sible for damages or injuries to the
property of a firm or corporation
growing out of riots, attacks by mobs
or otherwise when it is shown that
the company itself was not negligent
and gave the city officials due warn
ing of impending danger to their
property
Seventy three witnesses are as
sembled in the courtroom to testify
in behalf of the complaining express
company.
Mayor Otto II. Wittpenn, of Jersey
City, and members of the city Board
of Aldermen are also present and
will be called as witnesses for the
defense.
Judge Gilbert Collins, ex-mayor of
Jersey City, is conducting the case
for the Wells-Fargo Company. As
ISOLATED with him are Attorneys G
S. Hobart, also of Jersey City, ano
Charles w. Stockton and John II
Wooers, both of the New York bar.
Warren Dixon, corporation counsel,
and James ]. Murphy, corporation at
torney, both of Jersey City, represent
the defendant city in the action.
The suit was filed on February 20,
1911, and has been dragging along
since that date.
Before opening the case Judge Rell-
stab inquired of the attendant coun-
sci how long the case was expected to
run, and he was told 1t would prob
ably not be finished until early next
week.
He then excused the remaining
May 6.
In presenting the case to the jury,
Judge Collins explained the statute
under which he held the city of Jer-
sey City responsible for the damage
the express company is alleged to
have suffered.
THE city must preserve order and
protect the citizens and their prop
erty," said Judge Collins.
THE city can't say the mob was
too much to contend against 1t must
protect rights and property, and If
1t fails to do this must answer the
consequences
Judge Collins then explained by the
use Of a map spread out before the
jury the territory to which the ex-
press company catered to and the va
rious express delivery routes.
Judge Rellstab came down from the
bench and stood behind the ex-mayor
during his explanation.
The express company charged that
mobs of strikers from other express
companies in Jersey City constantly
attacked the Wells Fargo wagons in
October, 1910, and attempted TO set
fire to the wagons and stables and
damaged their business to a great ex-
tent
Judge Collins claimed that the ex-
press company notified the mayor
and sheriff of the threatened danger
to Its property and when matters
grew worse. even notified the Gov
ernor, thus complying, he said, tc
every letter of the law
Policemen were sent out on wagons
but they did little good, according to
the ex-mayor's story. and the moi
was so dangerous and threatening
that the hospital authorities were
afraid TO send out their ambulance
and the express company was obliged
to send the injured over to New York
Mayor Wittpenn will probably be
put on the stand late today.
The jury comprised Charles S
Aitxen, of Trenton; James Ashcroft
Baptisttown; William Augustin
Newark; George f. Brandenburgh
Newark; Frank e. Davenport, New
ark; Edward l.. Gepfert, Newark;
William Greathead, Newark Ander
sen NJ. Guerin, Morristown e. Frank
Oliver, New Vernon; Charles II
Smith. long Branch; William e. Var
LEV. Morristown; Joseph f. Wood
OF Newark. Elmer Dckersen, OF
Denville; John L. Tollmadge, Of
Morristown, and Edward H. Lum. OF
Chatham. were also drawn, but were
dismissed after they had been ehal.
ienged by Judge Collins for Tho
plaintiff.
The principal witness called today
by the plaintiff was Emery A Sted