Perth Amboy evening news., 1918-12-16
CHARGES GRAND JURY TO
INVESTIGATE EXPLOSION
fContinued trem page %

fsop, the non-performance by a serN-
Yrt Of his known duty, the omission
fsetug without the knowledge OF the
principal. the sorvan alone is liable
$50 suggest that yea hrst aseer-
tain " hether tho person VINO brousRt
the materials together has performe,
he legal duty, bearing in mind that
an error in judgment. in a matter
.bouf which there Is room Tor an
Honest difference OF opinion, is not n
ersnle. To make II a crime there
must be gross negligence, II Il
there was not gross negligence out
tie explosion happened from some
accidental cause which the human
mind. In the exercise of reasonable
diligence could not foresee or guard
scsinst. then he IL not criminally
liable.
You should, IL possible, ascertain
the cause OF the explosion. and then
whether the cause was the omission
Of a duty required by conditions
created over which the accused had
control. and for which lie is person
Hliy responsible.
Il am informed by the prosecute OF
that he expects to prove that the
Gillespie Loading Company is a cor
poratfon which has erected a number
of plants for the government, II or
them being the plant at Morgan; that
the corporation acted as an agent for
the government, being paid a per-
eontage on the cost of construction.
- well os the manufacture OF pro-
jcctiles; that b projectiles were
manufactured In a number Of build
fngs scattered on the premises which
were called units: that h explosion
took place in one Of the units in
which shells were loaded with a high
explosive. resulting in q fire which
was communicated to other buildings
End ultimately destroyed the greater
portion OF the plant. involving the
loss OF about forty-six lives; that the
title to the property was vested in the
government of the United States, and
that the cause OF the explosion has
rot. SO far. been definitely ixed.
'FroEl this I infer that the proper
~, as well as the explosive material.
belonged 10 h Government of the
United states. and that all that the
Gillespie company did. from which.
the accident could have occurred.
was the loading of shells which be
longed 10 the government.
'If this explosive material was
sent there by the government in the
prosecution of the war and the Gil
lespie company had no control over
the accumulation or its distribution
anon the units belonging to the
government. then il would seem that
its duty was limited to properly
guarding the different units. and to
the business of loading the shells.
The question OF payment OF dam
aceS for the destruction, or who is IL
able therefor. you should put out OF
-FOUR mind. FOR you have nothing to do
with that. for the legal responsibility
for damages can be settled in a civil
action under different rules OF law
from those appertaining to a criminal
procedure.
IF II should appear here that these
units were built under the direction OF
the government and their location fix
ed by il, then the Gillespie Company
is in no way responsible for their To-
cation because il was a matter over
which they had no control and con
seaueptiy no duty 10 perform.
IF. however. the manner in which
the flliRg of the p~rojeetiles was car
ried on in the different units was
grossly negligent. without which the
fire would not la been communicate
I'd 10 them from the unit in which he
explosion occurred. and that omis-
sion amounted 70 gross negligence.
then thnt condition would be an Gle
ment which you should consider. To
illustrate. IL there was but one unit
and thai exploded. and set fire to a