Perth Amboy evening news., 1923-12-19
Jury Being Selected in Rail-
road Case Before Judge
Kirkpatrick Today
PERTH AMB0YAN VICTIM
Specific Case That of Horace
Kemmerer-Penna. R. R.
Indicted by Grand Jury

NEW BRUNSWICK Dec. 19-The
first of a series of five trials. in
which the Pennsylvania Railroad
Company is the defendant charged
With manslaughter in the deaths of
five men as the result OF a powder
flare-up at South Amboy on the
night of September 6, was started
this morning before Judge Kirkpat-
rick. The first trial is in the specific
case of Horace Kemmerer, of Perth
Amboy The other four men whose
deaths resulted in four more indict-
ments being returned against the
railroad were William French.
James Gillen, William Gillen and
William Herlies.
Theodore Strong, attorney for the
Pennsylvania Railroad company
filed a notice of his Intentions TO
move that the indictments be
quashed. At the opening Of the case
he withdrew the railroads plea OF
not guilty and moved that all of the
indictments be quased on the
grounds that a defendant corpora-
tton could not be held liable for
criminal manslaughter The court
Immediately denied the motion and
the work of drawing the jury was
started at once.
Twenty challenges were made by
the defense and twelve by Prosecu-
tor Joseph e. Stricken representing
the state, in the selection of a Jury.
Each juror was questioned as to
whether or not he had any interest
in the pennsylvania railroad as Il
stakeholder or whether he was em-
ployeo by the railroad.
The jury was picked as follows:
Abraham Beekman, South Bruns-
wick: Thomas II. Dillon Jamesburg;
Frank M. Denton. Monroe; Chris
topher Kelly, New Brunswick:
James r. Clark. East Brunswick;
Frank Auten. New Brunswick;
Charles T.. Benni, Raritan: Curtis
Conover South Brunswick; Henry r
Baker, South Brunswick; George =.
Ely Monroe; William II. Burke.
South Brunswick, and Hendrlck II
Conover, Cranbury.
Prosecutor Stricken in opening thf
case for the state declared that this
state does not claim that the Penn-s
sylvania Railroad wilfully killed the
man but 1T charges that the railroad
company failed utterly and totally
to take the precautions which
would have prevented the deaths
The state charged that the railroad
company did, through an involun-
tary act, cause the death of KenI
merer. Criminal negligence in fail
ing to take precautionary measures
makes the railroad responsible for
the disaster, the prosecutor claimed.
The prosecutor said the state viii
submit proof which will show that
a shipm ent of highly explosive pow-
der was received at the Pennsyl-
vania coaj docks in South Amboy.
where it was placed in trains and
taken to Pompton. The powder was
contained in boxes, the prosecutor
said, and no precautions were taken
by the railroad in setting down a set
Of rules as TO how the explosive
should be handled. "The boxes OF
powder were handled like any or
binary merchandise Prosecutor
Stricken charged"
One of nine cars in a train three
of which were empty caught fire,
the prosecutor said, possibly from
the spark from a locomotive isnit-
ing the powder The railroad was
negligent. the state charged, when
it permitted the burning car and two .
containing explosives to be drawn
away from the docks by q locomo-
tive and allowed to stand for thirty
five minutes on bridge directly
over a public highway used by thou
sands of cars going to and from the
seashore.
The railroad company should not
have permitted the cars of powder
to remain on the overhead bridge.
the prosecutor said, but if it had
been absolutely impossible to move
them from that spot the railroad
should have taken steps to notify
those persons using the highway be-
meath the bridge of the danger and
thus prevent any catastrophe such
as resulted when the sides of the
cars collapsed and the burning pow
der dropped upon those in the road
way below.
Twelve photographs showing tho
general location of the bridge, the
road and the railroad cars were in-
troduced as evidence. The first wit
ness called was Mrs. Alice Kenl- <
merer. of "a Pearl Place, Perth Aill-
boy, mother of the dead man. Sile +.
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