The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1917-11-20
Trial Of A w Rnstwick

by his brother, Charles K. Bostwick, q
member of the bar of Rochester, n. Y.
The states case was that on the 18th
of September Mr.. Bostwick was driv.
ing on the road near Vincentown.
His automobile did not have any lights
on it. The defendant who is at the
head of private hospital, was accom-
panied by nurse of the institution,
who held farmers lantern at the side
of the auto. The machine struck a
carriage in which were seated four
persons, all Of whom were thrown to
the ground, and baby was killed.
The mother of the child, her brother
and her mother, who were in the car
riage, gave testimony which was print
ed at the time of the coroner's inquest,
sho wing that the automobile had
struck the wagon, broken it, and
thrown the occupants out, the baby
being killed. The cross-examination
of these witnesses was to show that the
grandmother, who was holding the
baby, was asleep and that possibly the
others were, too. This attempt was
not successful except that DR.. Brown,
who examined the baby, said the'grand
mother had said she must have been
asleep. This was denied by the grand
mother. DIR. Brown was also ques-
toned about the reputation Of Mr..
Bostwick for peace and as law-abid
ing citizen and he said it was good.
A question by the prosecutor whether
DR.. Brown knew why Mr.. Bostwick
had given up as rector of the church at
Vincentown was objected to by Mr..
Davis and the objection was sustained,
Eden Earlin was on the road going
toward Vincentown on the night of the
accident and saw a light approaching
him. He could not tell whether it was
a carriage light or lantern.
Sarah Layman, the nurse who was
with Mr.. Bostwick, told of leaving
Vincentown on the night in question,
about seven o'clock. 1t was not dark
and she did not see any lights on the
automobile. There was a lantern
which Mr.. Bostwick said he was carry
ing because the lights we're not work.
ing. Witness went to Buddtown and
held the lighted lantern all the way to
that place and back. The accident oc-
CURED between nine and ten o'clock.
When the auto was down the road on
its way to Vincentown light was
sighted ahead but it disappeared and
the impression was gained that it was
one of the town lights. The nurse told
about what the other witnesses had re-
cited, and the story did not differ from
the evidence given earlier in the trial
An attempt was made to get the
statement that Mr.. Bostwick made be-
fore the coroner's jury into the case
but it was strenuously fought by
counsel for defence and was finally ex-
cluded.
At the conclusion Of the states evil
dence Mr.. Davis moved for a dismissal
of the case on the ground that the state
had not shown that the death of the
child had!been caused by any wilful act
of Mr.. Bostwick, but that it was an acoi-
dent that could not be avoided. Judge
thought the case should go
to the jury.
Mr.. Davis then outlined the defence.
He said that Mr.. Bostwick had been a
minister in Vincentown but had re-
signed to devote his time to a school
and hospital which he had founded.
He owned an automobile which he
used in his work in connection with
those institutions. His son had told
him that his lights were not working
and he went out with a knowledge of
that fact, carrying lantern. He was
accustomed to giving moving picture
shows and used the lantern in the halls
where the shows were held. MIR. Davis
said he would show that the automo-
bile was on the right side of the road
and that it was being driven very care
fully. lie called several witnesses to
testify ITO the good character of Mr..
Bostwick asa law-abiding citizen.
Mr.. Bostwick then took the stand
and related that he had resigned from
the Episcopal church in Vincentown
two years ago. He gave as the reason
for resigning the fact that he wanted
to devote his entire time to his hos
pital and school. This, he said, was
charitable work, and that he did not
receive any compensation for his labor.
He related the part about the lights on
his automobile refusing to work and
that his son had told him about it but
he had not been able to get anyone to
fix the machine, so he went out with
out the lights working. He claimed
that, at the time Of the accident he
was not driving over ten miles an hour
and was SO far over on the right hand
side of the road as to be almost on the
sand shoulder. He did not see the
carriage until he struck it. He said
that his lights had been working well
every night before and since the acct
dent, but in answer to question by
Mr.. Kelsey he admitted that he was
held up in Mount Holly night or two
before the accident because his lights
would not work.
The prosecutor had two witnesses to
testify on this point but he did not
call them and the case went to the
jury about six o'clock who returned a
verdict of not guilty.