Los Angeles herald., 1905-04-14
MISS BABLER ON
WITNESS STAND
RELATES ACCIDENT WHICH
COST GIRLS LIFE
PROSECUTION RESTS ITS CASE
Attorneys for 5srbee s. Hook, Charged
With MansIauahter, Secure POST
ponement Until Saturday
Afternoon

After the testimony Of nearly score
OF witnesses had been taken in Justice
Chambers court yesterday, the exami-
nation in the case Of Barbee S. Hook,
charged with manslaughter, was again
postponed. The case will come up for
argument Saturday afternoon.
The second day of the trial was feat
ureless. with the exception of the testi-
mony of Miss frankie Babler, one of
the occupants Of the machine at the
time of the accident.
Miss Babler was called to the stand
shortly after the noon recess and, as
the petite brunette took the stand, an
absolute quiet fell over the court
room.
1--WE had been on little ride to Pa
sadena and were returning at the time
O., the acident," said the young woman.
IT do not think we were going at a
very fast rate of speed, and 1 know
that there was at least one of the
big lamps on the front Of the machine,
burning.
1--WE had just passed the front plat
form of a. car when suddenly a young
woman appeared from around the rear
platform. She was bending slightly
forward and was holding her Jacket
under her arm. We were within eight
feet of her when we first saw her, and
the next second Mr.. Hook had thrown
over the steering wheel and the ma
chine dashed into the curbing."
No reference was made to the alleged
drinking of liquor by the members of
the automobile party. If they did in
dulge, however, the attorneys have
placed that feature as secondary and it
will not be brought out unless the case
goes to the superior courts.
E. w. Mcleod, conductor of the car
upon which Marguerite Birtwistle was
a passenger, was the first witness. He
explained the position Of his car at the
time of the accident.
"The young woman left the car at
Avenue 20 and started around the rear
of the car" said Mcleod. Just as
she did so L saw the auto dash past and
when L saw her struck I rang the bell
of my car and dashed to her assistance.
She was lying in the street about forty
feet from where she had been struck by
the machine and she seemed to be dead.
1 saw a young man come and look at
her and then he put his hands to his
head as though dazed but could not
say who the man was. 1 cannot say
at what rate of speed the auto was go
ing. 1 did not pay much attention to
the occupants of the machine"
M. L. Hersen, the motorman of the
car, corroborated the statements of the
conductor. He was also questioned
concerning the speed of the automobile.
"I am not an expert in judging the
speed of automobiles said the motor
man, "but 1 think that the machine
was going at a rate Of about forty
miles an hour when it struck the young
woman.
IT do not think that the members of
the party saw Miss Birtwistle until
they were directly upon her, for as
the auto shot past the front platform
of the car, I heard one of the young
women in the auto scream, and judge
II was then that they first saw Miss
Birtwistle step in front Of their ma
chine"
The testimony of a number of bystan-
ers who witnessed the affair was then
taken and the prosecution closed it's
case. The defense did not offer any
testimony, but refused to rest it's case
and asked that postponement be
made until Saturday in order to give
ample time for argument. The motion
was granted.