Perth Amboy evening news., 1922-01-11
FIGHT CLAIMS
Of PROSECUTOR
State Asserts Gatetender at
Market Street Crossing
Old and lnfirm
HAVE MANY WITNESSES
R. R. Tries to Combat Claim
Made by Witnesses for
the State

NEW BRUNSWICK, Jan. IL
Testimony to combat the presenta-
tion statement of the state that the
Central Railroad of New Jersey was
negligent in having duties at the
Market street crossing Perth Amboy
carried ou.. was being introduced by
attorneys fer the defense in the con-
tinaation of the case before Judge
Peter f. DAILY in the county court
today.
The prosecution asserted that An
drew Thomas, the siXty-four year old
tender, was old and infrm, ana
was not competent to handle the
assignment giveL him by the rail-
road company. On these facts the
state contends tina. the railroad COM
pany should be convicted OF man
slaughter. Nine firemen We're killed
at the Market street crossing In
Perth Amboy on June Is.
Sronaker declared that August Fa-
ber, New Brunswick avenue gate"
tender, was assigned to make Thom :
as iamiliar with the duties, rules OF
the company, etc.
A paint .r empioyed by the Central
Railroad company. David voorhees,
of Belford, was aiso called to the
stand. He told of working on the
southeast gate at the Market street
crossing or June Is, painting and
manipulating same. and declared
that the gates were in good order.
DIR. j. l.. MacD2wall and DIR. G. w.
Tyrrell both of Perth Amboy, were
the first witnesses introduced by the
defense. The physicians reported
on their examination of Thomas in
January. 1921. De. MacDowall re-
ported that his eyesight was found
to be in ncrmal condition while DR..
Tyrrell asserted that the gate-tender
was physically in good shape.
Track Foreman John Stonaker,
who is also under indictment for
maaslaugkter in connection with
this accident. testified as to having
hired 1horias about four years ago.
This witness declared the man had
been employed after he had been
examined and found, in his opinion,
to be capable of performing the out
les. tt, track foreman also assert
ed copy Of the rules of the railroad
governing the actions of gate-ten-
der hao been posted in the Market
street shanty where the gate-tender
carries out his duties.
Andrew Thomas, the sixty-four
year old Gate-tender was the next
witness called. He received brok-
en- leg and bruises on the head at
the time of the accident.
Through the information of Thom-
as 1t was learned that he had been
in the employ of the railroad COM
pany for four years and two months.
The gate tender declared that he OPP
Grated thc gates on numerous oc-
caslons on the day of the accident
and that they worked WELL He as
serted that he received a signal when
the train which took part in the ac-
cident was at Woodbridge Junction,
and that he attempted to lower the
gates. but due to the fact that many
people Were crossing the tracks
bound for the fire, it was impossible
for him to lower the same without
taking a chance of hitting someone.
When tLe train, approached the
Lehigh Valley crossing second at
tempt was made to lower the gates,
the witness declared, and when he
was not successful, he got the red
flag which Is about two and a half
feet square and mounted on long
pole and ran to the street. He claims
he stood about eight or ten feet from
the curb and was watching both
ways. InOIIldS dSSeTleu tIldl ue SiS
nailed several cars to stop, two obey
ed his order while one dashed across
in front of the train.
The gate-tender informed the
court that he called to the one
driver who did not heed his warn
ing you fool do you want to kill
somebody The witness declared
that he saw the train as it passed
the station and then heard a. bell,
but declared he did not see the fire
truck until the train and fire appa-
ratus collided. This witness is be-
ing cross examined.
The last two witnesses for the
def nse were Theodore f. Brown,
the engineer. and Edward Wii-rn :,
the fireman, of the locomotive of the
express. Both men are from Bar
uegat and told the same story. They
said they had to slow down for the.
Woodbridge creek bridge as it was
being repaired and then there was
IN grade to Woodbridge juno ion.
from that point to the Lehigh VAL
ley crossing it was leved. they said,
but as the first of two signals were
set against them at the Lehigh Val ey
CT clossing, showing the drawbridge
over the Raritan to be open, steam
was shut off. The whistle was given
two long blasts and two short on IS
before coming to the Lehigh Valley
--.rcssing, the men said, and a simil r
signal was given between New
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