Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1922-01-10
LEGAL BATTLE
DELAYS TRIAL
Taking of Testimony Halted
During Afternoon Session by
Lawyers Disputes
QUESTION RESPONSIBILITY
City Clerk Graham Among
Witnesses CalIed--Great
Array of Legal Talent

NEW BRUNSWICK, Jan. 10:-
There was every indication that the
manslaughter . case Of the state
against the Central Railroad of New
Jersey in connection with the great
Perth Amboy railroad disaster OF
June Is would develop into fight
on legal aspects when the taking OF
testimony was started shortly after
1 o'clock this afternoon. Judge
Peter f. DAILY is presiding, Prosecu-
tor Joseph E. Stricken and Assistant
Prosecutor John E. Toolan repre-
sent the state, and Russell E. Wat
son. Andrew Wight and Charles e.
Miller, the latter of the legal stair
of the Central Railroad Company,
represent the defendants.
Attorney Miller is the leader OF
the defense attorneys and he mas
a, number of legal reference DOCKS
before him. and is referring to same
often in his efforts to disprove tes-
tinonv the state is endeavoring to
bring out. 1t appears as if the cor
poration is trying to duck from un-
der and shift all responsibility on
The employees.
Assistant Prosecutor Tooian IN
opening the states case declared
that the Central Railroad or New
Jersey had been indicted Tor the
death of nine men due to criminai
and negligent manner In which
train was operated over the Mar
10. street crossing, Perth Amboy,
On lime Is, 1921. He further as
serted that the train was operated
IN reckless manner and at a hlgh
rate of speed.
The state contends that this train
ia operated at rate of forty-f1ve 10
fftv miles an hour through Pertn
Amboy daily with the knowledge OF
the company and on the DAY III
ouestion the gates were not operated
and no signal of any kind was CIV
en-. The state further CONTENDS that
tho company employed man, Sixty
four years of age as gatetender at
this crossing, a man not mentally or
physically fit for the duty.
Attorneys for both sides agreed
that the persons named in the IN.
dictment were killed as result ol
a collision between the fire truck
and the train.
Arthur Graham, city clerk OF
Perth Amboy, was the first witness
called. He produced records al Or
dinances dating back to 1918. Chap
fer 256 of an ordinance regulating
the rate of speed trains should trav-
Il through Perth Amboy, not great
er than ten miles an nour, Whlch
was adopted on March 3, 1890 ana
signed by Mayor Thomas Armstrong
and Charles c. Hommann, clerk
was admitted as evidence. =,
John Dayton, an archltect ol
Market street. Perth Amboy, was
the first witness called. He was
driving east on Market street IN
car owned by Morris Shumsky at
5:45 p. M. on the day IN questlon
and stopped about thirty feet west
of the railroad track. Mr.. Dayton
asserted that a flagman ran out
about twenty feet in front OF MS
car and about ten feet from the
tracks and that the flagman stood in
front of his car. This witness de-
clared the gates were up and that
his car was standing for about
half minute to minute before the
collision occurred.
Mr.. Dayton declared that there
was no whistle, signal or warning OF
any kind that train was approach
ing and was not aware of any dan
ger until he saw train coming
from the left and a fire truck from
the rear. This witness asserted
that traffic is usually heavy at this
crossing but at this time there. was
only one other car in the vicinity,
a Ford car coming in the opposite
direction which had just succeeded
ii. getting over the crossing pe1ore
the approach of the train Mr.. Day
ton claimed the train was gong
about forty miles an hour.
The railroad company has numer-
Gus maps and plans in court and
Prosecutor Stricken will allow same
to be introduced as evidence mas
much as they give true representa-
ion of conditions at the scene of
he accident.