Los Angeles herald., 1905-04-16
HOOK IS HELD TO
SUPERIOR COURT
YOUNG MILLIONAIRE CHARGED
WITH MANSLAUGHTER
Jury MUST TRY THE CASE
Justice Chambers Holds That the
Machine winch Killed Miss
BlrtwIstle Was Going at
High Speed

Bsrbee s. Hook millionaire son or
the late street railway magnate of Los
Angeles. was held to the superior court
on a charge Of manslaushter by Jus
tice Chambers yesterday. following the
arguments In his behalf. presented by
Attorney Hunssker His ball was
raised from sa5oO to $4,000, II. W. He'll
man and w. II. Holiday signing for
the amount.
''It is my opinion from the evidence
before me-" said Justice Chambers,
that the automobile driven by this
defendant was going at an unlawful
and unusual rate Of speed at the time
of the accident which caused the death
of Miss Marguerite Birtwistle. think
that a further Investigation is neces-
sary in this case and that jury should
determine whether this man is guilty
of manslaughter. Therefore, 1 order
that Barbee S. Hook be held to the
superior courts on a charge of man
slaughter and that he placed under
bonds pending his hearing"
Hook Shows Mo Emotion
AS the order of the court was read
a silence fell upon the court room and
the eyes of nearly two hundred specta-
tors were turned toward the young de-
fendant, who did not intimate he had
even heard the sentence.
The court room was crowded yester-
day morning when Justice Chambers
entered to hear the arguments in the
case. Attorney McComas opened the
argument for the prosecution. Step by
step the attorney asserted to the court
that the case was one of manslaughter
and cited opinions OF long forgotten
cases in great volumes from the law
libraries. Attorney Hunsalzer also had
a few large books, and nearly an hour
was spent between the attorneys flash
ing forth the opinions from eminent
jurists.
The definition of manslaughter was
the point over which the attorneys
contested. I'm giving an opinion on
this case the meaning of this word
must be taken into consideration" as
serted Attorney Hunsaker. "It must be
the combination of the intent and act,
and criminal negligence far beyond the
ordinary carelessness must be proved"
High Rate of Speed
Attorney McComas answered: 'In
addition to the testimony it. is easily
seen that the machine was going at
desperate rate of speed, for how else
could the woman's body have been
thrown forty feet through the air.
The natural result Of a collision had
the machine been going at proper
rate of speed would have thrown the
victim to the ground beneath the
wheels. Downey avenue is a 100-foot
street and the auto was being driven
directly between the car tracks. The
young woman was using ordinary pre-
cautions and was where she belonged,
but this party of young people be-
longed at the side of the street"
Following the arguments Justice
Chambers started a review of the testi-
mony, bringing out the strong points in
both arguments and showing how the
testimony of the prosecution was ample
to hold the young man for investiga-
tion.
Then when he had finished his ver-
dict the spectators arose and left the
room, while Hook consulted with his
attorneys. II do not think that $25OO
is sufficient bail in this case." an
nounced the prosecution. "Is the young
man able to furnish larger ball." asked
Justice Chambers. Upon being reas-
sured that Hook had ample means at
hand the bail was doubled and the de-
fendant left the court room.