Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-02-28
AUTOMOBILE CASE
UNITED STATES COMMISSIONERS
F. M. HUNTER is FOUND NOT
GUILTY.
Was Tried Before Justice w. w. Wiley
OF Van Buren, County for Violation
Of Automobile Law - First Grim
inal Action.

8
inai Action.
The trial of United States Com
missioner F. NJ Hunter of this city be-
fore Justice w. w. Wiley near
Birmingham, Friday, for an alleged
violation of the state automobile law,
resulted in an acquittal The case
being the first criminal action brought
in this section Of the state under the
new law, is of especial interest to
automobilists and all who use the
public highways.
The case resulted from an accident
which occurred on the road between
Birmingham and Keosauqua, Nov
ember 16, 1904. when horse driven
by r. l.. Small, farmer living near
Birmingham, became frightened at an
automobile OF which Mr.. Hunter was
one OF the occupants and ran away.
Recently Mr.. Small filed information
before Justice W. w Wiley, farmer
residing five miles west Of Birming-
ham, charging Mr.. Hunter with violat-
ing the state automobile law by not
getting out Of his vehicle and assist
ing in the handling of the frightened
horse.
Hearing Friday.
The case was heard last Friday. E.
L. McCoid, county attorney of
Van Buren, county, conducting the
prosecution No testimony was intro
duced or arguments made for the
defense. Justice Wiley held that It
did not appear in the evidence that
after the horse became frightened the
defendant had >an opportunity to as
sist in caring for the horse and Mr..
Hunter was discharged.
The state Law.
The action was brought under sec
ton 8, of the act requiring the regis
tration of motor vehicles and regulat.
ing their use and operation on the
public highways which became effec-
tive July 4, 1904.
The section reads as follows:
amy person operating a motor
vehicle shall, at request or on signal
by putting up the hand, from a per-
son riding or driving a FESTIVE horse
or other draft or domestic animal
bring such motor vehicle Immediately
to stop, and IL travelling in the op.
posfte direction, remain stationary SO
long as may be reasonable to allow
such horse or animals to pass, and
| If travelling in the same direction, use
reasonable caution in passing such
horse or animal, and the operator and
occupants of any motor vehicle shall
render necessary assistance to the
party having in charge said horse OF
draft animal in SO passing.
| Is Misdemeanor.
/ Failure to comply with any of the
sections OF the act passed by the state
| legislature is misdemeanor and Ii
punishable by fine not to exceed $2s
for the first offense and a fine Of no
less than $25 nor more than $50, OF
! Imprisonment In the county jail no
exceeding thirty days, for the secont
or subsequent offense.
Tells of Accident.
/ Regarding the accident Mr.. Hunter
stated to a Courier representative tina
he and a companion were enroute tx
Ottumwa In an auto and that on the
road between Keosauqua and Birming
ham met Mr.. Small. While some dis
lance away they noticed him standing
by the side of the horse and saw hin
hold uD his hand but as the horse
showed no sign Of fright, misin
terpreted the signal. They reduced thu
speed Of the machine, however, and a
a second signal, stopped. The horse
became frightened after the auto hat
come to stop, jumped into a fenc,
and then ran away. Mr.. Hunter
states that neither he nor his compan
ion had time to render any assistanc,
and that Mr.. Small used most abusiv,
language.
First Criminal Action.
i While several suits for damage
against chaffeurs have been filed sine
| the automibile law became effectiv
this is believed to be the first crimina
action of this nature brought in thi
section of the state. The decision @
Justice Wiley in taken as an indirec
holding that the occupant Of an auto
mobile is not, bound to assist in hanC
ling FESTIVE horse when its drive
becomes abusive and that automc
4 bilists have some rights on the higf
4 way.
i While Mr.. Hunter in his officia
capacity has tried many criminal case
it was his first appearance as dt
PENDANT and he says that the sensatio
experienced when arrested and al
raigned before magistrate Is one tina
cannot be described but must be fel
to be appreciated.