The record-union., 1898-09-13

/ and did not know there had been an
accident until two men told him about
it at Suffers Fort.
He said, in reply to a question, that
! if Leiong said to him, Didn't that BIZ
! cyclist take a header?'' he did not re-
| ply, That's whatl'' because he had not
seen the header" He and Lelong had,
| however, talked the matter over near
Suffers Fort.
Charles Farren, being called in rebut-
| tai, testified that he was at Sixteenth
and K streets when Lelong and Reese
were driving. The first time they went
up the street Lelong struck Reese's
horse, and both turned and went back
to Fifteenth. They both came back at
a fast clip, and the witness thought
they were both trotting. They turned
at Fifteenth street to a good start.
Matt Beckley was recalled and testi-
fed that the second trip out the street
both horses passed Sixteenth street at
a trot
George S. Wenzel testified that he
was between Twenty-second and Twen-
| ty-fifth streets on the evening in ques-
| ton, when Lelong and man in a cart
passed him going as fast as they could
| go. The horses were neck and neck,
and both men had their elbows out as
though they were racing. Witness
could not tell whether the horses were
running or trotting. He was talking
to man driving a milk wagon, and the
| horses passed on either side of the wa
gon. The witness put his bicycle in the
back end of the milk wagon to keep it
| from being smashed by the passing We
hicles.
| Justice Davis held that there was no
| evidence of guilt on Reese's part. 1t
had been shown, he said, that Reese
was not responsible for the rate at
which his horse was going, it having
been repeatedly touched up by Mr. Le-
longs whip. He entered an order dis
| charging Reese.
Then Mr.. Lelong desired and was al
| lowed to take the stand and explain
matters in his own behalf. He said
on the evening of the accident he had
| only just returned from the Haggin
| Grant. He met Reese at Thirteenth
and K streets. and playfully touched
his horse with his whip. The horse
started up and Reese dropped his whip
and went back for it. The witness also
turned around, intending to have boy
who was in his buggy recover the whip.
A young man, however, picked up the
| whip and handed it to Reese, and as
they turned back out K street the wit
ness dgain touched Reese's horse. At
| that instant his Oelong's) horse struck
| its leg against the axle of the buggy
and became unmanageable.
From that time on, Mr.. Lelong said,
he was kept busy to prevent his horse
overturning the buggy and killing both
himself and the boy. When he over
took the bicyclists, McClatchy and
| Williams, he would have passed both
without injury to either had they kept
straight on, but that McClatchy evil
IDENTIFY attempted to get out of the way
of Reese, and in so doing collided with
his Nelong's) buggy. He did not know
whose wheel he had struck, but did not
think he had done much damage.
Mr.. Lelong said he had thought the
| collision occurred much further out on
K street, and had so informed a Rec
ord Union" reporter who was the first
person to tell him that the man he col
| lided with was Mr.. McClatchy. He said
he had no intention of racing, but that
| the horse he was driving had become
1 unmanageable.
/ Attorney Aram in making his argu-
| ment before the court said there is not
a hackman. miIkman or other business
man in the city that does not violate
the five-ulile ordinance every day. The
ordinance, he claimed, interferes with
| business and is, therefore, unconstitu-
! tional. 1t had been dead letter ever
since its adoption, for the simple reason
that under, its provision daily business
| could not be transacted
Mr.. ,Aram contended that there was
no intention on the part Of either Le-
long or Reese to race or to run down
anybody. After the accident Lelong
had offered to buy McClatchy the best
wheel in the city. The latter would
not accept the offer, stating that his
| wheel was an old, one and of nominal
value. He asked that nominal fine
| be- imposed ~
| Attorney Brusie said the Capital City
| Wheelmen, whom he represented did
1 not prosecute the case because LeIong
was the defendant, but because the or
| dinance providing against fast driving
| had been violated. He contended that
| the statement that the sprint out K
| street was caused by Lelong touching
up Reese's horse was rot" and claim
| ed the evidence showed that both
| horses were going at racing speed be-
| tween Twenty second and Twenty fifth
| streets. He urged that the law be up
| held, and that the lives Of citizens be
protected from racers. He said it was
a fact that both men were racing out
| the street, and that they made no at
| tempt to stop.
| Justice Davis stated that he would
| pass sentence this morning.