The Penn's Grove record., 1915-03-12
CAN ASSAULT WITH AUTO.
So Says the High Court in Sustain
ing Schultz Conviction.

ASSault anQ battery can be com
mltted with an automobile as effec-
lively, from a legal viewpoint, as with
a baseball bat, according to a novel
opinion handed down by the Supreme
Court. The decision sustains the con-
viction Of Walter Schultz of Jersey
City who was indicted for assault and
battery for running into and injuring
Thomas Mitchell, while driving his
a at excessive speed.
Justice Garrison who wrote the opin-
Ion admitted that neither he nor coun-
sci in the case had been able to dis
cover any precedent for the decision,
which he held, nevertheless, was
merely an application of legal prin-
ciples which are as old as the Grim
inial law. The possibility Of auto
mobilists being prosecuted for assault
and battery as well as under the
motor vehicle laws may open up an
entirely e field in criminal juris-
prudence.
"a criminal assault may be com
mitted," said Justice Garrison, with
an automobile driving along a public
street at an excessive rate of speed
that endangers the safety of other
persons and actually results in such
an injury.
The driving of an automobile at
an excessive rate of speed is a wilful
act likely to inflict injury from which
the malice and intention to infict in
jury which are the essentials If a
criminal assault may, if the circum-
stances so warrant, be implied.
The main defense offered in behalf
Of Schultz was that intent and the
essence of a charge for assault and
battery, was not present in the case.
On this point Justice Garrison said:
1T requires neither argument nor
Illustration to show that the excessive
rate of speed at which an automobile
Is driven is a product of the will of
its driver and not the result of his
mere inattention or negligence. The
two cannot be confused any more than
the hurting OF a baseball bat into a
crowd OF spectators could be confused
with its accidentally slipping from
the hand of the batter. If a blow
inflicted in the former manner would
constitute an assault, so must a blow
inflicted by a wilful act applied to a
much more dangerous agency, since
1t cannot be that what would be a
crime If done with a plaything weigh
ing a few ounces ceases to be a
crime if committed with an engine
weighing thousands of pounds and
driven by many horse-powers.
ut has been held that responsibility
increases with the likelihood of in
jury, but never the reverse that l am
aware Of"
Soon after the Garrison opinion was
recorded the Supreme Court handed
down another decision setting aside
the conviction of Henry Albertalli, of
North Bergen, for atrocious assault
apf battery also alleged to have been
committed by an automobile. The re-
versal in this a was based on err
ror in he charge Of the trial judge
who told the jury they might infer
that the defendant intended to com
NIT atrocious assault and battery if
the accident happened through the
negligent running OF the car. Justice
Garrison had already differentiated be-
tween mere negligence of operation
and wilful violation of law by reckless
or excessive speeding.
Verdicts recovered by George Bun
dens, of Clarksboro, and Mrs. Mary C.
Lore, of Camden, executrix of the es-
tate of Charles T. Lore, against the
West Jersey & Seashore Railroad,
will stand, as the Supreme Court dis
charged the rule to show cause why a
new trial should not be allowed. Bun
dens and Lore were in an automobile
that collided with an express train,
and Lore was killed and Burdens
badly hurt. A Camden Court return.
ed a verdict of $2,250 for Burdens and
$4,000 for the widow of Lore.
The Court held that if George Chase,
OF Burlington, will accept $500 for his
verdict of $1,175 the judgment for the
lesser amount may stand in the suit
he brought against the Riverside Trac-
ton Company If not, there will be a
new trial. Alfred S. Chase, a son, was
injured by an electric wire.
The Court affirmed the verdict OF
$1,000 received by Ernest Grotshin in
the Mercer Circuit Court from the
Pennsylvania Railroad for injuries
sustained when he was thrown to the
platform at the Clinton street station
in this city by the suction of a pass.
ing passenger train.
Two verdicts racovarad hCr uorr;o
Berman against DR.. Victor Personnel,
a Newark surgeon, because the sur
geon was alleged to have operated
on the wrong side of Berman's body
for hernia were set aside, and the in.
dictment and conviction of William C.
Armstrong for conspiring to defraud
the Roseville Trust Company were at,
irmed. He was sentenced to a year
in the Essex county penitentiary.