Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-29
DRIVER NOT RESPONSIBLE
THE DEATH OF DORA SMITH DUE TO
ACCIDENT.
Verdict of Jury Returned This After
nOOn-The Evidence Submitted.
Robert Downs ExOnerated.

The coroner's jury in the case of little
Dora Smith. who was knocked down and
killed last Saturday by wagon driven by
Robert F. Downs decided this afternoon
that the child came to her death as the re-
suit of an accident, and that the defendant
could not he held responsible.
Coroner hewitt conducted the inquest at
the fourth precinct station.
Robert F. Downs, the driver of the wag-
on, was held at the house of detention
pending the inquest and was present this
morning to give his testimony.
Before the inquest began the jury visited
the home of the deceased and viewed the
remains.
John Fl. Richardson, colored, the first
witness, testified that he was coming down
Sd street and saw child fall. horse
was coming down the street close to the
curb, and his attention was called to this.
The animal was going at the rate of six
miles an hour. The child he said. was
not knocked down, but fell. When she
was rising the horse struck her and the
wagon passed over her. The wagon was
going toward Sd street from AZ street.
There were two men in the wagon at the
time Replying to a question from a jury
man, the witness testified there was no
effort to stop the horse before the little
girl was knocked down. After she was
run over the horse was stopped.
OmCer MCGraW teStlIleO 10 tHe ARREST
The huckster whipped the horse up after
the child had been carried away. When
the policeman caught up with him he was
selling potatoes. He had been drinking.
Eye-Witnesses.
Mrs. Clara Shelton, colored, was an eye
witness Of the affair. She saw the wagon
coming down the street. The child was
crossing the street. She could not tell
whether or not the little girl fell before the
horse reached her. although it seemed as II
the wagon struck her; she was not certain
on this point
Stewart Campbell eolored, saw the acct
dent. He noticed the wagon when 1t was
standing. 1t started off rapidly. At the
same time he noticed two little girls cross
ing the street. One crossed In safety: the
other apparently got frightened and fell
She was about ten feet in advance Of the
wagon. She had arisen, and the horse
struck her, going at rapid gait The driver
was having some trouble with the reins
when the horse struck the child, and the
man who sat next to him grabbed the reins
and stopped the horse. The witness picked
up the little one and carried her TO her
home, the defendant following. The latter
said 1t was an accident Witness thouSnt
the driver had been drinking.
Lloyd Davis. colored did not see the acct
dent He caught the defendant. who Looked
as If he was trying to get away.
Testimony of Child's Father.
Henry Smith, father of the child testi-
fed that the defendant, when he called at
the house, was drunk. If he had not been
his child would have been alive. After the
child was taken to the hospital, Mr.. Smith
said, the driver jumped on his wagon,
whipped up the horse and got away.
F. W. Downs testified that his attention
was directed to the little girl who was
playing on the sidewalk. She attempted to
cross and fell in front of the horse Ihe
driver was not drunk, he said, and did
everything he could to stop the horse. He
was in the back of the wagon, standing, and
saw everything. There were three men in
the wagon, and all went into the house af-
ter the accident and stayed until after the
child was taken to the hospital.
Claude Higgs, the third man on the
wagon, testified that the horse was going
at a moderate rate. The driver. Downs,
called attention to the children. and said,
Look out for the children"
The little girl who was run over was at
the time behind the tree box, and without
any warning ran across the street, slipped
and fell The driver grabbed the reins, and
he caught hold of the reins also, and both
endeavored to check the horse. But 1t was
too late. Nothing could have saved her.
Deputy Coroner GlaZebrook testified that
he performed the autopsy. The liver was
completely severed. There was no doubt
in his mind that something blunt. perhaps
a wheel had passed over the child.
Robert F. Downs, he defendant, made
statement He said his son called his at
tention to the children and warned him to
look out as the street was slippery. The
child gave no warning, but ran before the
horse He tried his best to stop the ami
NAL. and the man next him grabbed the
reins, but 1t was too late-he could not stop
1t.
The defendant was apparently much af-
fected while giving his testimony.
The Jury retired and later brought in the
verdict as stated.