Daily capital journal. (Salem, Oregon) 1903-1919, 1904-01-07
THE LAW
OF THE
ROAD
Use of Automobiles on
Highways Opens New.
Questions
In the Absence of Regulations
Can AutOmObilistS Be
Punished for Travel
ing at Extra Speed

In the circuit court yesterday after
noon, the case of the state against e.
McClanahan, the autCmobillst, who is
charged with frightening a horse to
death with his machine, on the high.
way near the penitentiary, last sum.
mer, was called for trial. The jury Sc.
lected to try the case consisted of the
following: @. F. Hicks, Jacob Miller,
James T. Walker, Abner Lewis. f. w.
Steusloff, G. B Cornelius, B. F. South.
wick, Sam Heimroth, G.. @. Cans,
Bent Jones, E. T. Malvin and o. A.
Nendall
After the testimony for the state
was submitted the defense moved
dismissal of the suit, and this motion
took up the time Of the court until
adjournment. At the opening of the
court at 8 o'clock this morning, Mr..
> Woodcock, on behalf OF the plaintiff.
moved the court to direct a verdict of
not guilty, for the reason that the in.
formation did not show facts sufi.
cient to constitute a crime Mr..
Woodcock argued that one vehicle had
as much right on the highway as an
other, and that the automobile had
right to run in the highway, and did
no wrong in this instance. in view of
the fact that no collision occurred. He
urged that, in the absence of law reg.
ulating speed on the highway, It was
not required of the driver of the ma,
chine 10 slow up in passing any one.
He read a number of authorities, and
urged that the defendant was not only
not guilty of crime, but that he was
not subject to an action for damages.
District Attorney Hart opposed the
motion vigorously, showing that the
unreasonable use of the highway by
any one was an offense, and read nu.
merous authorities in support OF his
contention that the reckless driving
on a highway interferred with the
rights Of others, and that any one so
driving should be compelled to use
every reasonable precaution against
causing damage. He was followed by
Mr.. McNary, who also opposed the
motion Of the defense, and urged the
court to allow the testimony to go be
fore the jury, to have that body deter.
mine whether or not misdemeanor
had been committed by the driver OF
the machine and Mr.. Carson closed
for the defense.
After hearing the argument of
counsel, Judge Fraser dismissed the
information and discharged the de
fendant, for the reason that the act
complained Of did not constitute
crime under the laws AS Mr.. Nc.
Clanahan was not permitted TO testi-
fy, his side OF the case did not come
before the jury at all In discussing
the matter. after his dismissal, Mr..
McClanahan said that, when the un-
fortunate incident occurred on the
road near the penTtentiary last sum.
mer, he checked his automobile when |
the owner of the horse raised his |
hand in protest against the fast ap. |
proach OF the machine. He stopped |
his engine, and slowed down, coming |
almost to a standstill, and, after pass.
ing the rig. and about rs yards beyond
1t. he again started the engine, and
1t was the noise made blythe ma
chine at that time that frightened the
horse and caused the wreck and the
Following the dismissal of this case
ana the discharge Of the jury. the case
Of the state against e. @. Parsons was
called. The defendant was an en-
Dloye at the asylum. and was arrest.
I'd on the charge of stealing a quaint.
y Of goods from that institution. He
las been in Jail for the past three
months, awaiting trial. Parsons was
IN employe at the asylum when his
wife brought a divorce suit against
lin, and in the complaint alleged that
Ter husband had long been guilty of
tealing goods from that institution.
ie was promptly suspended by supt
'albreath, OF the asylum, and was in
Iicted, and, later. arrested for the
rime since which time he has been
n jail
The case went tn trial at o'clock
his afternoon.