Perth Amboy evening news., 1922-01-11
HEAR TESTIMONY OF R. R.
MEN IN CROSSING TRIAL
(Continued from page -

ttOILilluep po6S
brunswick avenue and Smith street.
TIE bell was ringing all the time,
they said. and did not stop until
the train had stopped following the
collision.
Counsel Miller renewed his r"-
Quest of Judge Daily that Re direct a
verdict Of acquittal but the judge
again denied the request. The sum-
ming up then beg n.
Following the testimony OF John
Dayton. a Perth Amboy architect
Yesterday afternoon. former Free
holder E. Leon Loblein, of New
brunswick, took the witness stanc.
He s id his car going west on M l.
ket street, just crossed the TRACES
in front of the train. he not being
aware that the train was coming
as the gates were not lawered. He
estimated the speed of the train at
35 or 40 miles an hour. When he
saw fire truck pass him, he said,
Re knew a collision with the train
would result and he jammed on his
brakes, looking back as he did. He
saw the collision. he said. He tes-
titled to hearing a number of bel s
and whistles and said he thought
they were on the fire apparatus.
AnQTeW hdltOU, VI OoV Nlai NJ
street, who was on the truck. was
Of the Eagle Fire Company INC was
standing on the running boar0,
working the siren when he saw the
train. He said he saw the gate
nan and oncoming traiu at the
same time and jumued. The truck
he said, was about 80 feet from the
tracks when the gateman stepped
out from in front of an automobile
into view. The driver of the truck,
Kafton S id. put on the brakes and
they worked.
The railroad attorneys brought
out the fact that the fire truck was
delayed about one and one-half min
utes in getting started. owing to
trouble with the engine.
Sergeant Frank Kasprzak, who
lives in Elm street, although not an
eye witness, said he saw the train
go past the station at about forty
miles an hour and also saw the fire
truck go along Market street past
Elm street. He said he heard no
signal from the locomotive but
heard the crash of the collision.
William Fraser, of Meade street.
who was riding a bicycle along Mar
ket street at the time, said the
gates were up n he heard no
warning signal. He said the flag
man was in the road.
John CASHMERE, of Elm street,
told of seeing the train approaching
at it's usual high speed and Of
hearing the crash.
Edward Poulsen. of Market street,
said he Jaw the collision, he placing
the speed of the engine at fifty miles
an hour. The gates were up, he
said. He denied there was "A large
crowd at the crossing at the time.
The fagman. he said, stood about
six feet from the south curb and
eight feet west of the track. He
was the last witness for the state.
The counsel for the railroad COM
pony requested Judge DAILY for a d.
rccted verdict of acquittal. MAIN
tanning that no evidence had been
presented showing gross negligence
on the part of the railroad company.
The state failed to prove that the
locomotive gave nc signal of its APP
roach the defense claimed. and the
Ferth Amboy city ordinance did not
apply in the case Judge DAILY re-
fused to give a directed verdict and
the defense's witnesses were called.
Stewart l.. Park. a civil engineer
of the Central railroad. was the
hcst witness. He pre- Sented maps
and pins of the railroad from
Woodbridge to the r ritan River
| railroad and of the Market street
crossing. He gave a volume of fig
ures as 10 distances and expl ined
the automatic signal system.
Charles f.. Miller. one of the rail-
roads counsel, maintained that the
Railroad could not be held RESPONSE
BILE if the g ties We're not operated
He pointed out that they were not
| out of order.
Judge DAILY ruled hat the railroad
could be held responsible if it WIS
shown hat it was running rains
without any regard for human life,
whether at a rate of 40 m les an
hour or at a much slower rate. The
company could not be held liable,
he said, however, If the gateman
| sfl not rNnrfArD, hic d,rtfnC