Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1923-09-18
KHAN R|OT|NC
To Be PR0BED
Justice Bergen in Charge to
New Grand Jury Calls At
tention to That Outbreak
SOUTH AMBoY TRAGEDY
Justice Comments on Serious
y ness of Riot in Calling
for Probe

NEW BRUNSWICK. Sept. Is. -
Justice James J, Bergen in charging
the September term grand jury this
morning, discussed two matters Pros
ecutor Joseph f. Stricken had called
to his attention. the Ku Klux Klan
rioting at Perth Amboy. and the
Pennsylvania railroad company fire
at South Amboy. The riot occurred
three weeks ago last Thursday. and
the fire two weeks ago last Thurs
day.
The jurors were reminded of their
oath and were told that if there was
sufficient evidence, indictments
should be returned. Justice Bergen
made known that he had been re-
minded of the riot. which resulted
from a group of men attempting to
hold a meeting under the name of
the Ku Klux Klan.
Everyone, under the terms of the
constitution, has right to meet as
they please" Justice Bergen told the
jurors, "and If they do or say things
that are illegal. the other citizens
have a due course of law to follow,
. that of making a complaint and
ascending the matter before the grand
x jury. for investigation. No one has
= right to force their views on other
: peopIe of the country" he eontinu-
ed.
In closing his address on this sub
ject. Justic Bergen said: IF you have
evidence there was a riot, 1t is your
duty to return indictments against
everybody participating in it."
South Amboy Fire
In discussing the South Amboy
catastrophe, the jurors were told
that the railroad company has
right to transport powder the same
SIS any other commodity but in
transporting anything dangerous, eA-
ira precautions should be taken:
Justice Bergen said he understood
the powder came to South Amboy py
boat, and was being loaded into box
cars for the balance of its trip.
On the night in question, one OF
the cars loaded with powder went
up in flames, from an unknown cause
the Justice continued, and the rail-
road company moved the burning
cars over a public highway, causing
f,ve deaths. 1t was made plain that
the highway is for the use of people
to travel over. and their lives should
not be endangered, the court advis-
ed the new jurors.
"a corporation can be indicted for
involuntary manslaughter," Justice
Bergen brought out, "and II you nnu
that this dangerous commodity was
handled and placed so it could do
harm to the public, you can. return
indictments" He advised that IN
dictments for criminal negligence
involuntary mans1aughter snould
not be returned until convincing evl-
dence has been obtained.
Arrangements are being made by
the newly sworn in September jury
to consider the two important ques,
tions on which they were charged
this morning by Justice James j
Bergen and apparently will take II
nm at its next meeting for which q
date will be set before the body ad-
h journs for the day.
The jury was busy this morning
organizing and considering a number
Of cases. In view of the fact thai
the Perth Amboy riot and South
Amboy fire are of grave importance
thew have decided to consider these
matters at more opportune time
when affidavits could be looked over
The grand jury took a recess al
1890 handing to Judge Kirkpat-
rick two indictments, one of which
is charging Frank Russell, of Pts
Getaway township with criminal at
tack on nine-year-old Antonia JAZZ
walk, on August "a. His plea in the
case was taken before Judge Kirk
patrick who fixed bail at $4,000 ano
appointed Phillip Brenner to defend
him.
The jury will reconvene on Au-
gust 5.