The sun., 1919-03-19
BLEWITT FREED
IN B. R. TEASE
Official Accused in Fatal
Wreck Acquitted i'm Less
Than Four Hours.
MOTORMAN'S TRIAL NEXT
Judges Charge Hinged on OBJ
tanning Competent Help
for Road.

The jury in the Nassau County Su-
| preme Court at Mineola which has
been hearing the evidence in the trial
of Thomas +. Blewitt on an indict-
ment charging him with manslaughter
! in connection with the wreck on the
Brighton Beach line of the Brooklyn
Rapid Transit Company last Novem-
ber. when ninety-two persons were
killed, brought in verdict of not
guilty last night at S:1Sro'clock. With
the jury had been celebrating since
4:45 O'Clock.
At the conclusion of the trial Harry
E. Lewis, District Attorney, announced
that the next of the indicted B. r. T.
officials and employees TO be tried
would be Edward Luciano also known
as Anthony Lewis, the motorman of
the train which was wrecked. This
arrangement, however, was said by
Mr.. Lewis to be only tentative, but
that It was likely the trial would begin
OH March 26. Mr. Lewis also said that
4, he did not think the law would permit
the trial of Blewitt on a second indict-
ment found by the Grand Jury in con-
nection with the wreck.
Isaac r. Oeland, attorney for Blewitt.
moved for the dismissal of the indict-
ment as soon as court convened yes
| terday morning. This motion was de-
MED by Justice Seeger. and Mr.. oeland
then suggested that the attorneys abb
stain from summing up and submit the
case to the jury on the charge OF the
court. District Attorney Lewis, how
ever, refused TO consent to this arrange
ment. and Mr.. Oeland then began his
! address to the jury. He completed this
I task shortly after noon, and then Mr..
Lewis made his plea for the State.
Justice Seeger began his charge 10 the
jury at 10 o'clock.
The defendant was charged to main
tain safe operation of trains" said the
Justice, "and had the right to get COM
petent workmen by any lawful means.
The rules for the preparation and in
struction OF motormen were necessarily
somewhat embarrassed. If the motormen
selected were competent it makes no
/
pany were violated. The company rules
are not statutes.
THE defendant, as superintendent of
I the division. has charge of the transpor-
tation of passengers. including the Sc
! lection OF motormen for trains. charge
you that he was bound to exercise the
utmost and. highest care as far as hu-
man foresight can go. II he failed in
that diligence in the appointment of
Lewis, endangering the health and
safety of passengers, and thereby as a
result Thomas Gilfeather was killed,
you may find that the first count of the
! indictment Is sustained.
"If the defendant knew Lewis was not
/ competent. charge you that 1t was un-
( lawful to appoint him. If he did not
! know or omitted TO exercise the highest
! degree of care and failed to learn of his
/ competency, the charge has been borne
| out. If Lewis was competent and knew
| how to operate the train, II matters not
why or how he was selected. II he was
competent, but his careless actions
caused the wreck, the charge klhot be
borne out"
= Justice Seeger cautioned the jury that
evidence introduced hv the State tending
to show that Ave other alleged incom-
petent motormen were put in charge OF
trains on the day of the wreck should
I have no bearing on their verdict, even II
the motormen had been proved incom-
| petent, since they were required to de-
! eide only whether Lewis was incompe-
! tent.