1903 – Feb 19, trolley with HS students slides into path of train at crossing, Newark, NJ– 9

Compiled by Wayne Blanchard; last edit 5-9-2025 for upload to: http://www.usdeadlyevents.com/

–11  Brooklyn Daily Eagle Almanac 1904.  “General Chronology of 1903.” 1904, p. 592.

–11  Oshkosh Daily Northwestern, WI. “Slaughter Students.” 2-19-1903, p. 1.

–10  Lock Haven Express, PA. “Children Slain. High School Car Hit by Train…” 2-20-1903, p1.

—  9  Atlanta Constitution.  “Carelessness Caused Horror.” 3-8-1903, p. 14.

—  9  Blanchard death toll based on New York Times reports of Feb 19 and 20, 1903. (See below)

—  9  Boston Daily Globe. “Corporations Accused…for Newark Trolley Crash…” 2-21-1903, p.2.

—  9  New York Times. “Indicted Director Talks.” 3-30-1903, p. 2.

—  9  The World, NYC. “Can’t Remember the Crash.” 3-2-1903, p. 4.

—  9  Trenton Times, NJ.  “Newark Demand Crossing Guards.” 8-22-1903, p. 3.

—  9  Warren, M. “The worst disaster in each of New Jersey’s 21 counties.”  NJ.com, 2-25-2019.

—  8  NYT. “Eight High School Pupils Are Killed. Lackawanna Train…Trolley.” 2-20-1903, p. 1.

Narrative Information

Warren, M. “The worst disaster in each of New Jersey’s 21 counties.”  NJ.com, 2-25-2019:

“Clifton Ave. trolley wreck – A trolley loaded with Barringer High students crashed into a speeding train on February 19, 1903, in Newark. Nine of the students were killed, and another 30 were injured.

Newspapers

Feb 19, New York Times: “Newark, Feb. 19. – A trolley car crowded with boys and girls on their way to school this morning slid its locked wheels on slippery rails down the slight hill in Clifton Avenue, from Orange Street, crashed through the railroad safety gates that had been lowered, and out on the Delaware, Lackawanna and Western Railroad tracks just as an east-bound express train sped over the crossing at a rate estimated at thirty miles an hour. The car, moving slowly, but beyond the control of the motorman, struck the locomotive in front of the engineer’s cab, and that train as it thundered past tore the car to pieces, killing eight of he young passengers and injuring twenty-six more, some so seriously that they may not recover.

“There were 123 persons on the trolley car, according to the conductor’s register. Almost all of them were pupils of the high school, which is about four blocks from the scene of the tragedy. A car of the size of the one wrecked holds 100 persons comfortably. From that it may be judged how closely the passengers were crowded. The front and rear platforms were filled, and boys clung to insecure positions on the steps.

“‘A death trap,’ was what the Mayor of Newark in his last message called the crossing where the accident occurred. It lies between two hills, over which the tracks of the North Jersey Street Railway Company run along Clifton Avenue. On the south of the railroad the hill rises at a grade of about 5 per cent, for a distance of a little more than one block, or to a point a short distance beyond Orange Street. On the north the incline is about the same, but in that direction it rises for a little more than three blocks.

“Trolley cars going north or south on the Clifton Avenue line are required to stop at the bottom of the hill before proceeding across the railroad tracks. Crossing gates are lowered at the approach of a train, but whether these gates are up or down, the stop must be made, according to the rules of the street car company, and the conductor must go ahead and see that the tracks are clear before the trolley car crosses.

“All of these precautions, however, were useless yesterday. The gates were down, the conductor was preparing to alight and look ahead, but the car, with its heavy load of children, did not stop, notwithstanding the motorman’s efforts. It slipped along over the icy rails and out on the railroad tracks.

“Those in the car and those crowded on the platforms had no time to escape. They saw the car moving on toward the signal gates, but it was at such a slow pace that they believed it would halt any moment. Then the trolley car seemed to stop, according to survivors who were aboard and others who saw the accident from without. But it was only for an instant. Then it moved on again, slowly, and crashed against the wooden arms of the gates, snapping them off.

“Then the danger was realized by those on the front platform. The boys and girls screamed in terror as they saw the car move on to the tracks and heard the whistle and roar of the approaching passenger train. Some tried to break from their tight imprisonment; others were stupefied with fear. But none had time to get away.

“A moment later the fast-moving train was near, and then upon the crossing. The front platform of the slipping car was scraped by the steam cylinder on the front of the locomotive. Then the ‘hood, ‘ that part of the roof of the car that extends over the platform was struck by the projection of the engineer’s cab. In an instant, as the engine and passenger cars sped past, the front end of the car that extended over the platform, was struck by the projection of the engineer’s cab. In an instant, as the engine and passenger cars sped past, the front end of the car was torn to pieces. The wreckage flew in all directions, but much of it was carried in the direction of the moving train. The passengers in the forward part of the car were thrown about and their torn bodies strews along the track.

“Although only the front platform had been struck by the train and the tucks had not been knocked from the rails, the entire car seemed to fall apart. The roof caved in as the sides fell away, and those who were near at the time say it was remarkable that any in the crowded car escaped injury. The following-maned were victims of the wreck:

The Dead.

Baker, Maud Waldman, Sixteen years old…569 High Street; killed instantly…

Eastwood, Evan H., Jr., nineteen years old…596 Clinton Avenue; died…German Hospital.

Ill, Viola, seventeen years old…43 Sterling Street; killed instantly…

Karshner, Mabel E., sixteen years old…41 Humbolt Street; died in St. Michael’s Hospital.

Kohn, Rosetta, sixteen years old…49 James Street; died almost immediately.[1]

Lohenberg, Alma, fourteen years old… [or Alma Loehnberg][2]

Mueller,[3] Ernestine, fifteen…of 144 Fairmount Avenue; died almost immediately…

Werpueper,[4] Ella, eighteen years old…died soon after being removed to the City Hospital.”

Jennie Estelle McClellan (or McClelland) was ninth fatality, dying of injuries, Feb 20.

(New York Times. “Eight High School Pupils Are Killed. Lackawanna Train Grinds a Crowded Newark Trolley.” 2-20-1903, p. 1.)

Feb 20: “Newark, N.J., Feb 20. – A trolley car loaded with pupils on their way to the high school was run into at the Clifton avenue crossing by a Delaware, Lackawanna and Western railroad train.  Eight of the high school pupils were killed, two died later, the motorman of the car was fatally hurt[5] and thirty or more occupants of the car were injured. Five of them are believed to be fatally hurt. Twenty of the injured passengers were taken to hospitals, and the others were able to go to their homes. The identification of the dead and injured was a difficult task and was accomplished very slowly. The dead are: [Ten names are listed; we add five others from subsequent papers.][6]

Emily E. Scholl,          [Have not been able to verify.]

Miss Blair,                  [Have not been able to verify.]          

Edith Faults,                [Have not been able to verify.]

Miss Connolly,            [Have not been able to verify.]

Miss Webb,                 [Have not been able to verify.]

Alma Loehenberg,      [Alma Lohenberg]

Maud Baker,  

Emily Weinbach,        [Have not been able to verify.]

Levin Eastwood[7] and [Evan H. Eastwood Jr.]

Miss B. Knight ….      [Have not been able to verify.]

[Rosalind Kohn. (Naugatuck News, CT. “Newark Disaster Victims.” 2-23-1903, 1)][8]

[Elia Werpupp.  (Naugatuck News, CT. “Newark Disaster Victims.” 2-23-1903, 1)]

[Jennie Estelle McLelland.  (NYT. “Inquest on Trolley Wreck.” 2-24-1903, p. 9.)]

[Viola Jil. (The World, NYC. “Will Press Trial of Trolley Men.” 4-17-1903, p. 8.)]

[Ernestine Miller.  (NYT.  “Trolley Inquest Begins.” 2-26-1903, p. 6.)]

How Disaster Happened.

“The accident took place at the Clifton avenue crossing, long known as a dangerous spot. The trolley car was one of the special vehicles which the North Jersey Street Railway company runs between 8 and 9 o’clock five mornings in the week for the especial accommodation of high school pupils. It had on board boys and girls from all parts of the other lines, many of whom had transferred from other lines. The car was crowded, and the front platform was full of boys, who were standing.

“The train which caused the accident was the Delaware, Lackawanna and Western’s Passaic express, which started from Summit at 8.03 a. m. There is some question as to whether both crossing gates were down when the car and train approached the crossing at the same time.

“The motorman saw the train and put on the brakes with all his force. The car, however, slid upon the icy rails until the front platform projected over the tracks. A moment later the crash came. The pilot of the engine struck the front platform and threw the car around. Then the car  toppled over.

“The pupils, by the force of the collision, were precipitated under the wheels of the locomotive. To some death came immediately. Others lingered a moment in agony and then expired. The sight was a terrible one. Arms, legs and other parts of the bodies of the unfortunate children were scattered in every direction, and the snow for a great distance around was made red with blood.  One mutilated body was carried two blocks on the pilot of the engine. The uninjured passengers carried the injured children to nearby places of temporary refuge.

Quick Action by Police.

“The accident occurred at 8:40 o’clock. Immediately after it happened all the police reserves of the Second precinct were tent to the scene to keep back the crowd which gathered at once. Every

ambulance in the city was also called to the scene. 

“Mounted Policeman Stucky of the Fourth precinct was an eyewitness of the horror. He saw the train approaching and said that the trolley car was about four feet over the track when it was struck.

“There were about twelve children on the front platform grouped around the motorman. It is not known whether they hampered the motorman’s movements so that he was unable to apply his brakes to stop the car.

“Passengers on the train heard the screams of the children two blocks away and before the train struck the car. As showing the force of the collision, the front part of the trolley car was picked up three blocks down the road between the two tracks.

“When the train reached the station in Newark, the engineer and fireman were arrested by Special Policeman Thomas McDonald, employed by the railroad company, and sent to police head-quarters. The engineer was so dazed that it was almost necessary to pull him off the engine.

“The conductor of the trolley car, a man named George Gould, said after the accident:

“It is the custom for trolley conductors to leave their cars as this crossing is approached and, as the car stops, to run ahead and see if the track is clear. I should have done that this morning had I not seen that the gates were lowered. Naturally I concluded that the car would stop, and the first thing I knew of any danger was when we went crashing through the gates.”

Mayor Hurries to Scene.

“Henry N. Doremus, mayor of the city of Newark, was one of the first to reach the scene of death.  The tears were, streaming down his face, and his body was shaking with emotion when seen by a reporter. ‘I was completely unnerved,’ he said. ‘I cannot tell who is to blame, but whoever is will be made to suffer.’

“The news of the accident quickly spread. It reached the high school and in a few minutes troops of the fellow pupils of those who were killed and injured rushed down to the crossing. Parents of high school pupils hurried to the scene from all parts of the city. It was impossible for some time to ascertain the names of the victims, and among the rescuers were mothers and fathers anxiously looking for their children.

“As soon as news of the wreck reached the high school Principal Sonn dismissed the pupils for the day, urging all those who had reached the school to report at once to their homes and relieve the anxiety of their parents….

“Elizabeth Grace Mowbray, one of the young women who escaped with her life from the wrecked car, said later:

….Just before reaching the tracks we felt a jar and heard the conductor say something about the motorman breaking through the gates. I learned later that the gates were down and that the motorman had lost control of the car and that it had broken through the gates and was on the railroad tracks.  We were still laughing and joking when there was a shrill whistle, and the next instant was the terrific crash.  How I escaped with my life I have not the least idea.  The shock was so great that for a time, I do now know how long, I was unconscious.  When I became conscious, I was sensible of severe pains about my back.

And then, horrors! There by my side in the snow was the severed foot of a girl I had just been talking with. I knew it was hers because of a fragment of the dress which stuck to the shoe. About me, as I looked around, I saw among the wreckage the bodies of several of my girl friends. It was horrible!  I was fainting when they carried me away.” 

(Lock Haven Express, PA. “Children Slain. High School car hit by train in Newark.” 2-20-1903, 1)

Feb 20: “New York, Feb. 20. – Jennie E. McLellan, the ninth victim of the Newark trolley tragedy, died this afternoon. Engineer Burckliff, motorman Brady, Margaret Commerford and Helen Mc-Cord are in it precarious condition as a result of their hurts.

“Gross neglect, which in an individual would be called criminal, was the cause of the Newark accident. Three corporations are accused, the city of Newark, which permitted the trolley tracks to cross the railroad at the same grade; the Delaware. Lackawanna & Western railroad company, which failed to raise or lower its roadbed to avoid grade crossing, and also refused to allow the installation of a signaling device, and the North Jersey street railway company, which failed to raise its tracks above the railroad level or to use proper safety devises.  Official determination of guilt will not be made for weeks. Coroner Heilman will begin an inquest tomorrow.” (Boston Daily Globe. “Corporations Accused…for Newark Trolley Crash…” 2-21-1903, 2.)

Feb 20: “Newark, N.J., February 20 (AP).  Responsibility for the disaster at the Clifton avenue crossing yesterday seems likely to be placed on the motorman of the trolley car, just as the brunt of the blame for the Westfield train crash was saddled upon the engine driver of express train, Davis, who died protesting that his locomotive was defective. The motorman of the trolley car is likely to make the same kind of excuse, if he survives his injuries, which is doubtful. The question is whether the motorman could have stopped his car if its equipment had been perfect. One of the trolley road officials declares that the sand box was two-thirds full. Others at the scene of the wreck immediately after the accident say that if the rails had been sanded the motorman might have been able to keep his car from sliding down on to the rails of the steam road.

Defend the Motorman.

“Two mounted policemen who were halted by the guard rail on the opposite side of the railroad crossing, and who saw the trolley sliding down the grade, declare that the motorman was desperately working at the sand box pin at the same time that he was grinding the handbrake in its tightest tension.

“The Lackawanna Railroad company seems to be absolved from any criminal liability by the local officials. It had protested vigorously when the trolley road established a grade crossing at Clifton avenue. The guard rails were down to stop the trolley car from crossing at the time of the crash, and trains move slowly at that point before coming to the Broad street station, four blocks further on.

“The worst feature of the affair is the fact that this grade crossing has long been described as a death trap. Mayor Henry M. Doremus upon taking the office a few weeks ago in his first message to the Newark Common Council used prophetic words. The Mayor declared that this particular crossing was especially perilous for the pupils of the public schools to those on their way to the Branch Brook Park and to drivers and passengers in trolley cars. The crossing he called a disgrace to the city.

“There were 123 passengers crowded into a car that seats less than fifty. Of these a dozen children stood on the front platform wedged around the motorman, in violation of one of the company’s rules.

“Public Prosecutor Riker and County Physician McKenric [unclear] have begun an investigation, the results of which will be laid directly before the Essex county Grand Jury.”  (Daily Gazette and Bulletin, Williamsport, PA. “Newark Crash May be Blamed on Motorman.” 2-21-1903, 1.)

Feb 23: “Newark, Feb. 23. – The funeral of Miss Jennie Estelle McLelland, the last victim of the Clifton Avenue grade crossing accident, took place today. The condition of other victims of the disaster still in the hospitals was unchanged tonight.

“Motorman Brady recovered consciousness at St. Michael’s this evening. He knows all that goes on about him and can recall happenings of a week ago, but Thursday morning is wholly a blank to him. He seems not to know how he was hurt….

“Coroner Heilerman will begin taking testimony on Wednesday and officers from the Prosecutor’s office have been busy summoning school children as witnesses.

“As a result of the catastrophe the trolley company has had two derailing switches placed in position at the fatal crossing….A man is stationed at each switch to operate it when necessary.” 

(New York Times. “Inquest on Trolley Wreck.” 2-24-1903, p. 9.)

Feb 24: “Newark, Feb. 24. – The special committee appointed by the Board of Trade to investigate the cause of last Thursday’s trolley wreck at the Clifton Avenue grade crossing, submitted its report to the Grand Jury this afternoon with an urgent request that immediate action be taken by that body. At a meeting of the Board of Trade this morning a communication from E. F. Hartshorn, member of the committee, was read. The letter severely arraigns the North Jersey Traction Company for alleged negligence and indicates that certain officials of that company may be held responsible by the committee.

“The Coroner’s jury will begin an investigation of the wreck tomorrow morning.

“The high school opened this morning for the first day since the accident, when about 96 per cent of the scholars responded to their names. But few of the children rode over the Clifton Avenue trolley line.” (New York Times. “Trolley Wreck Inquiry.” 2-25-1903, p. 1.)

Feb 25: “Newark, Feb. 25. – Thirty-four witnesses were examined by the Coroner’s jury today in the investigation of the cause of the Clifton Avenue grade crossing trolley wreck last Thursday.

“The most important witness was Antonio Genevesco…who has been under arrest since Saturday.  Genevesco has been in the employ of the traction company for seven and a half months, and it was his duty to put sand and salt upon the trolley tracks at the Clifton Avenue crossing. The witness said that he put salt upon the tracks the afternoon before the accident. He also put sand where there was no snow. On the morning of the accident he claims there was snow upon the tracks and he sprinkled them with salt. He admitted that he did not put sand upon the tracks because the sand was frozen. The witness stated that new sand was put in the boxes by employes of the trolley company on the afternoon of the day of the accident.

“The first witness was Edwin G. Kempf, a civil engineer, who testified as to the distance from Orange Street to the scene of the wreck, which was 192 feet 10 inches, and as to the fall of the grade, which he said was 4 feet in 100. The witness said there was a slope on both sides of the track.

“UD. McKenzie, the County Physician, was also called and testified as to the condition of the wreck when he arrived on the scene. He found no injured passengers on the ground, but ordered five dead bodies removed to the morgue. Dr. McKenzie testified as to the cause of the death of Ernestine Miller, which, he said was crushing of the brain. He also testified that the trolley tracks were covered with slush and snow.

“The first eye-witness of the accident was James Kay, a letter carrier…who testified as to hearing the alarm of an approaching train. He saw the gates lowered and witnessed the trolley car, which was No. 291, dash through the gate and strike the locomotive of the express train. Kay testified that he saw the motorman working with the brakes in an effort to stop the car. There were eight or ten school children on the front platform, the witness said.

“A number of other eye-witnesses testified substantially as did Kay. They were Mounted Policeman William Stucky and Policemen Thorne and Wolfe. Policeman Stucky’s daughter was aboard the car. He described the accident very vividly, saying that the occupants of the car were laughing at the time of the crash. He noticed no sand upon the tracks and was unable to find the sandbox on the trolley car.

“Policeman Thorne testified that he saw an Italian sprinkling the tracks with yellow sand about half an hour after the accident.  A. P. Jacobs…testified similarly. After a score of other witnesses, principally pupils of the high school, were heard, adjournment was taken until 10 o’clock tomorrow….

“Chief Justice Gummere called the Grand Jury before him late this afternoon and charged them strongly relative to the Clifton Avenue disaster. He charged it was the duty of the Grand Jury to investigate every phase of the accident and find out if anyone was in any manner criminally guilty of carelessness. If it was found by the Grand Jury that one person or more, or sets of persons, were responsible, it was the jury’s duty under the law to indict such persons for manslaughter.

“The jury must ascertain if the motorman used due care, knowing that the hill was ice coated, and had used every means in his power to prevent the disaster.  It must be ascertained if the conductor did his duty and obeyed the rules and went ahead to tell the motorman that the track was clear. If the conductor was inside the car and prevented from getting out, it might still be that he was guilty.  It must also be ascertained if the crossing flagman did his full duty under the circumstances.  It seemed evident the train had been running at a high rate of speed. It must be ascertained if that speed was in excess of the rate established by ordinance.

“That the sandman was guilty of neglect of duty was apparent from his own story to the Coroner’s jury. If the sand was frozen it was his duty to obtain dry sand, and it must be ascertained whether he did everything in his power to obtain such sand, and in that connection others’ default must be looked into.

“It was evident the officers of the company knew of the dangers of the crossing, and the fact that the road had a legal right to cross the steam tracks did not enter into the matter. They were bound to do all that was possible to avoid and guard against such an accident.  If they had not, they were criminally negligent and liable to indictment. The fact that a derailing device had since been put in did not relieve them.”  (New York Times. “Trolley Inquest Begins.” 2-26-1903, p. 6.)

March 7: “Newark, N. J.. March 7. – The coroner’s jury that has been investigating the Clifton avenue trolley car accident in which nine school children were killed, returned a verdict today. They find the North Jersey Street Railway Company, which operates the trolley line, responsible for the accident. The Jury says:

‘We find that there was ice and snow to the depth of 2 or more inches on the trolley rails, and we find no evidence of salt or sand having been used.  We find there was at least 120 passengers on the car. Eight or ten of these were on the front platform and undoubtedly interfered with the motorman in controlling his car. Had the rules been enforced in regard to keeping the front platform clear there might have not been an accident.  We find that the North Jersey Street Railway Company did not use modern methods to protect the public inasmuch as they might have placed a derailing switch at the crossing. 

‘We find the officials of the North Jersey Street Railway Company guilty of gross negligence and hold them responsible for the accident.’”

(Atlanta Constitution.  “Carelessness Caused Horror.” 3-8-1903, p. 14.)

March 20: “Newark, N.J., March 20. – Dr. Leslie D. Ward, one of the members of the Executive Board of the North Jersey Street Railway who were indicted for manslaughter Thursday in connection with the death of the nine High School pupils in the Clifton Avenue trolley disaster of Feb. 19, returned late yesterday afternoon from an extended tour through the South and West.

“Dr. Ward discussed the action of the Grand Jury, saying that his conscience was clear, so far as he was concerned, and he had nothing to fear as to the outcome of the indictment. 

‘As a member of the Executive Committee I have done the best in my power…to provide means to equip the system with everything which would insure the comfort and safety of the traveling public. With other members of the committee I have done all I could to get men qualified to fill the positions of responsibility in connection with the actual operation of the trolley lines, and I cannot see that our responsibility extended any further.

‘I am not a practical railroad man, nor are either members of the committee.  Under the circumstances it would be impossible to get a committee composed of men of such a sort. Our business is to make critical inspection of the various lines and find fault if things are not in accordance with the most modern ideas in street railroading.  We pay men to do that, and we get the best men we know how to get.

‘I do not wish to pass criticism on the Grand Jury. The jurors have done their duty as they saw it.  However, I know I am not guilty of a crime, no matter what official declaration may be made. Until the disaster occurred I was not aware of the conditions existing at the Clifton Avenue crossing.  It was not my personal business or the personal business of the other members of the committee to find out. As I said, we get the best men we can to run the lines, and we have a right to expect that these men will do their duty.  It is just so in every business of any magnitude.  There are employers and employees, and the employers have done their duty when they get good employes and retain them so long as they remain so, giving them clearly to understand what they are expected to do.  By this I do not imply criticism of anyone.

‘Like everybody else in the community, I was shocked when I heard of the disaster in which so many were killed and injured.  But I did not feel and do not feel that in any measure it can be laid at my door.’”

(New York Times. “Indicted Director Talks.” 3-30-1903, p. 2.)

April 17: “For the purpose of securing a special prosecutor to conduct the case of the State against the trolley officials who have been indicted for the grade crossing accident of Feb. 19 at Newark, N.J., a letter inviting the co-operation of the parents of the nine high school pupils who were killed has been sent out. The writer is Henry Jil, father of Viola Jil, one of the victims….The letter reads:

As father of one of those killed in the Clifton avenue trolley accident, I take the liberty of writing you.  I am, and I suppose you are, very much interested in having justice doe us in the trial of the trolley company officials, and the question arises whether or not it would be advisable to make an attempt to have a special prosecutor appointed for this purpose.  Please communicate with me and let me know your opinion in this matter.

“County Prosecutor Chandler W. Riker, whose duty it is to prosecute the case for the State, said in reference to the letter that he will conduct the case.  He explained that though he had appeared in a case some time ago as joint counsel for the North Jersey Street Railway Company, which is defendant in the matter, this will in no way affect his official duty.  He declared he is not a stockholder in the line.

“Among the members of the Executive Committee of the North Jersey who were indicted are, A. J. Cassatt, President of the Pennsylvania Railroad; John D. Crimmins of New York; Leslie D. Ward, First Vice-President of the Prudential Insurance Company, and other financiers.

“Any attempt to eliminate Prosecutor Riker from the conduct of the case, it is believed, may result in a bitter legal fight.” (The World, NYC. “Will Press Trial of Trolley Men.” 4-17-1903, p. 8.)

June 3: “Trenton, N J., June 3,—In the Supreme Court application has been made for a change of venue for the trial of officers and directors of the North Jersey Street Railway Company, who were indicted in Essex county several months ago on a charge of official responsibility for the Clifton avenue, Newark, trolley accident which resulted in the death of several children.

“R. V. Lindabury, counsel for the indicted men, stated that public sentiment had been stirred up in such a way in Essex county as to make impossible an impartial trial in that county.  As proof of this he submitted to the court many affidavits of remarks made by citizens and also a large batch of newspaper clippings giving accounts of meetings and even sermons criticizing the management of the trolley company.  Mr. Lindabury also said that the importance of the case required that the entire court should sit at the trial.

“Justice Garrison said that under the statute laws a circuit judge had the right to call in other circuit judges to sit with him, and he suggested that this might be done in this case by agreement of counsel.  The court took the papers and reserved decision.

“The indicted officials are A. J. Cassatt, John B. Crimmins, E. F. C. Young, David Young, Charles M. Shipman, James Smith, Richard Kick, Arthur W. Pratt, Elisha B. Goddard and John R. Stanley.”  (Tyrone Herald, PA.  “Ask for a Change of Venue.” 6-4-1903, p. 8.)

June 15: “Trenton, N. J., June 15 – A. J. Cassatt, Edward F. C. Young, John D. Crimmins, J. R. Shanley, Dr. Leslie Ward, Elisha B. Gaddis, Arthur W. Pratt, Charles M. Shipman, and James Smith, officers and Directors of the North Jersey Street Railway Company, appeared before the Supreme Court today and entered pleas of not guilty to the indictment of manslaughter found against them in Essex County in connection with the Clifton Avenue, Newark, trolley incident which resulted in the deaths of several school children.

“The pleas were entered in the branch court before Justices Garrison, Garretson, and Swayze. The case was then remitted to the Essex County Circuit Court for trial.  This means that the indicted men will be tried before Chief Justice Gummere, who sits in the Essex County Circuit.” 

(New York Times. “Traction Officials Plead.” 6-16-1903, p. 6.)

Aug 22: “Commissioner Augustus F. Eggers, chairman of the Department of Streets of Newark made public yesterday the fact that the Public Service Corporation which controls the trolley system of that city has utterly failed to take an adequate heed of the lesson taught by the disaster at the grade crossing at Clifton avenue where the cross-town trolley line passes at grade over the tracks of the Lackawanna Railroad.

In that disaster which happened last February eight girls and one boy, all pupils of the Newark High School were killed.

“The trolley company then promised, Mr. Eggers declares, to provide proper safety devices, but instead of doing this it has removed safeguards that existed six months ago and which while inadequate were still some protection

“The danger of a grade crossing disaster at intersections of trolley and steam railroads is greater in Newark today than it was when the Clifton avenue horror occurred, Mr. Eggers says.  There is no more protection at Clifton avenue than at the time of the accident.  A derailing witch was placed there but it was one that required operating by hand by the conductor and has been practically of no use.  There have been several hairbreadth escapes from a reoccurrence of the February disaster right at that crossing and scarcely a day passes that blood chilling incidents are not reported.

“Not one of the dozen railroad crossing death traps in the city is protected. The company managers have made many promises but no effort apparently has been made to fulfill them. The board is willing to give a reasonable time for the installation of safety devices at all grade intersections but if the company fails to comply with out demand at the end of that time we will impose a penalty of $50 a day for each unprotected crossing, the penalty to run until all crossings are amply provided with proper safety devices.” (Trenton Times, NJ. “Newark Demand Crossing Guards.” 8-22-1903, p. 3.)

Sep 4: “Newark, N.J., Sept. 4. – The trial of the directors and officials of the North Jersey Street Railway company, who were accused of having, by alleged neglect of their duties, caused the death of Ernestine Miller on Feb. 10 [19] in the Clifton avenue crossing accident, came to a sudden end when Chief Justice Gummere, in the Essex county court of oyer and Terminer, announced that he had decided to grant a motion for the dismissal of the indictment for manslaughter.  The motion to dismiss the indictment was made by Richard V. Lindsbury of counsel for the defendants, after the state had prosecuted all its evidence and had rested its case.

“Chief Justice Gummere, after having announced his decision, ordered the jury to acquit all the defendants.  In instructing the jury to find a verdict of not guilty the chief justice said that in order to hold the defendants criminally responsible it must be shown that they had failed to perform some specific act. This the state had failed to do, he said.  He then went on to state that the claim of the state that the derailing witch is universally in use was not proved, as statistics showed that less than 10 per cent of the trolley crossings over steam railroad tracks were provided with derailing switches. That, the chief justice said, left it a question whether other safeguards were not equally good.

“The chief justice then referred to the rules of the North Jersey Street Railway company as laid down to its employees as sufficient safeguards under ordinary circumstances if they had been carried out. He said that from the evidence it was apparent that if sand and been used as called for by the rules, had the car been stopped thirty feet from the crossing, as the rules called for, and had the conductor gone ahead to the crossing to signal the motorman, the accident would not have happened.  The chief justice said that the claim of the prosecutor that the front platform of the trolley car was so crowded with passengers that the motorman could not use the brake was not proved by the state.  Not a single witness had been produced to show that any car up to the time of the accident had come down the grade not under control.

“The chief justice said that in view of these facts all he could do was to order the jury to return a verdict of not guilty in the case of all the defendants, as the state had failed to show that any of them was criminally negligent.  Justices Van Syckle and Dixon both concurred in the opinion of Chief Justice Gummere, and both made similar remarks to the jury.

“The jurymen did not leave the box, but simply arose from their seats, and…the foreman announced a verdict of not guilty in compliance with the order of the court.  The jury was not polled, the foreman speaking for all the jurymen.

“Six of the defendants are millionaires or multimillionaires.  They were John D. Crimmins of New York, A. J. Cassait of Philadelphia, E. F. C. Young of Jersey City and Dr. Leslie D. Ward, Elisha B. Gaddis and J. Roosevelt Shanley of Newark, all members of the executive committee of the board of directors of the North Jersey Street Railway company/  he other defendants are David Young, formerly general superintendent; Charles M. Shipman, former superintendent; Arthur M. Pratt, roadmaster; James Smith, division superintendent, and Richard Elck, assistant division superintendent.”  (Lock Haven Express, PA. “Millionaires Go Free.” 9-4-1903, p. 1.)

Sources

Atlanta Constitution. “Carelessness Caused Horror.” 3-8-1903, p. 14. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=5159097

Boston Daily Globe. “Corporations Accused. Three are Blamed for Newark Trolley Crash…” 2-21-1903, 2. At:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=161134740

Brooklyn Daily Eagle Almanac 1904. “General Chronology of 1903.” 1904, pp. 592-596. Google digitized. Accessed 5-10-2025 at:  http://books.google.com/books?id=yMUWAAAAYAAJ&printsec=frontcover#v=onepage&q&f=false

Daily Gazette and Bulletin, Williamsport, PA. “Newark Crash May be Blamed on Motorman.” 2-21-1903, 1. At:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=7344879

Lock Haven Express, PA. “Children Slain. High School Car Hit by Train in Newark.” 2-20-1903, p. 1. At:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=147249090

Lock Haven Express, PA. “Millionaires Go Free. Newark Trial Comes to Sudden End…” 9-4-1903, p. 1. At: http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=147249752

New York Times. “Eight High School Pupils Are Killed. Lackawanna Train Grinds a Crowded Newark Trolley.” 2-20-1903, p. 1. Accessed 5-10-2025 at: https://www.oldnewark.com/histories/images/trolley01.pdf

New York Times. “Indicted Director Talks [Newark Trolley/Train Collision].” 3-30-1903, p. 2. Accessed at: http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=52152472

New York Times. “Inquest on Trolley Wreck.” 2-24-1903, p. 9. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=52151677

New York Times. “Traction Officials Plead.” 6-16-1903, p. 6. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=52183895

New York Times. “Trolley Inquest Begins.” 2-26-1903, p. 6. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=52151704

New York Times. “Trolley Wreck Inquiry.” 2-25-1903, p. 1. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=52151683

Newark Evening News, NJ. “Entire City Cast Into Gloom By The Appalling Disaster At The Clifton Avenue Grade Crossing.” 2-20-1903, p. 1. Accessed 5-10-2025 at: https://www.npl.org/wp-content/uploads/2025/03/Newark-Evening-News-Page1-1903-02-20.pdf

Oshkosh Daily Northwestern, WI. “Slaughter Students.” 2-19-1903, p. 1. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=9001881

The World, NYC. “Can’t Remember the Crash.” 3-2-1903, p. 4. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=137363027

The World, NYC. “Will Press Trial of [Newark, NJ] Trolley Men.” 4-17-1903, p. 8. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=137363317

Trenton Times, NJ. “Newark Demand Crossing Guards.” 8-22-1903, p. 3. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=2747925

Tyrone Herald, PA. “Ask for a Change of Venue.” 6-4-1903, p. 8. Accessed at:  http://www.newspaperarchive.com/FullPagePdfViewer.aspx?img=103447771

Warren, Michael Sol. “The worst disaster in each of New Jersey’s 21 counties.”  NJ.com, 2-25-2019. Accessed 5-9-2025 at:

https://www.nj.com/life-and-culture/g66l-2019/02/6c318b30e95860/the-worst-disaster-in-each-of-new-jerseys-21-counties-.html

[1] Her photo is on p.1 of Newark Evening News (“Entire City Cast Into Gloom By The Appalling Disaster At The Clifton Avenue Grade Crossing”) 2-20-1903, under the name “Rosebud Kohn.”

[2] Newark Evening News. “Entire City Cast Into Gloom…Appalling Disaster…Clifton…Crossing.” 2-20-1903, p. 1.

[3] Also spelled Miller in Newark Evening News. “Entire City Cast Into Gloom…Appalling Disaster…” 2-20-1903, 1

[4] Or Ella Werpupp. Newark Evening News. “Entire City Cast Into Gloom…Appalling Disaster…” 2-20-1903, p. 1.

[5] Initially in a coma, he did regain consciousness.

[6] Fifteen names appear here. Later accounts note nine fatalities without listing names. It is conceivable that one or more of the names listed is incorrect. It is also conceivable that the notations of nine fatalities is simply a repetition of early reports without taking into account non-immediate deaths.

[7] Or Evan S. J. Eastwood.  Naugatuck News, CT. “Newark Disaster Victims.” 2-23-1903, 1.

[8] Listed as one of four victims buried on Feb 23. Also listed as Rosetta Kohn.