Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1907-08-14
SimOnS Held.


Placing the obstruction upon the
Winchester Turnpike which caused
the death of Miss May Bushnell
last Tuesday night. as told i'm the
COURIER last week, no evidence
was adduced which tended To show
that young Locke was guilty of
participating in the affair. The
first hcaring was set for hast Fri
day, but as young Locke. through
his attorneys. Messrs. Whiting e
Smith. asked for separate hear
ing. the evidence in his case was
taken on that date and the case of
SimonS was postponed until Satur-
day.
After hearing the evidence as to
young Locke, Commonwealth s
Attorney Lewis rose and requested
the presiding Magistrates. Mcssrs.
Thomas J. IIardesty and ID. II.
Jones, To order the release OF i.e
prisoner, which they promptly did.
On Saturday the hearing uf e,i-
dence against Simons was taken up
and completed. the prisoner hcing
represented by Messrs. Whiting
& Smith, while MIR. Lewis was as
sisted by Hon. X. Gray Williams,
of Winchester.
The most damaging testimony
given against Simons was that of
Annie Locke, who stated that he
came te-Berryville on the night of
the occurrence in company with
Simons, but that Simons started
home ahead of him in a buggy
with Charles Fowler; that when
above Rosemont," he heard
screams which sounded like Wild
cat, but did not know what the
sounds we're; that shortly there
after the automobile passed him.
coming toward Berryville; that he
then cut across the field To the
Locke home and found Simons out
on the porch with lantern; that
he spoke to him (Simons) about
the screams sounding like a wild
cat, and that Simons said it might
have been a wildcat; after going
into their room. the subject was
mentioned again, and Simons said:
If anybody says anything about
the screams, keep it to- yourself.
Mr.. Byrd Locke told of having
used the post (which was thrown
into the road and caused the dis
aster) as hitching post just inside
of his road gate; of having pulled
the post up when harvesting re-
Gently. and throwing it in the grass
at the side of the fence. He had
not noticed the post for several
days.
Charles Fowler told of having
taken Ernest Simons home the
night of the tragedy, and of slow
ing down to let Simons jump from
the buggy at the Locke gate. Did
not notice any post or other OBJ
struction in the>road at the time.
Went on up the road until he
reached the next bend when his
attention was called to the auto
mobile last coming up over Grind
stone Hill. Drove rapidly into
the dirt road leading to the Poor
Farm, To give the machine an op-
portunity To pass, as his horse was
4 afraid of automobiles; waited
awhile. but as nothing came, he
returned TO the road and went on
home.
s. Dudley Rutherford and Frank
Trussell occupied the buggy just in
! front of Simons and did not see
&any obstruction in the road, al
though their horse SHE'D just about
8the time they were passing the
Y Locke gate; but it was also ac-
! fknowledged :hat the horse had
habit of shying.
Il Simons went on the stand in his
4own behalf and told practically the
same story of the coming to Ber-
&ryville as that told by Annie
Locke. Said he was sitting on the
hotel porch in Berryville and saw
the automobile come into town on
It's first trip (the second trip being
that when the Injured young lady
was brought back to the hospital,) }
but after seeing it come in did not
pee it again.N Told of going home
with Charles Fowler and getting
put at the gate. Said he went
Straight To the house; went in and
pndressed. and then came out onto
the porch, just as young Locke
PANE up, for the purpose of getting
drink of water. Did not see or
bear the automobile; did not hear
my screams or other noise; did not
ayanything to Annie Locke about
keeping it to himself. Said it
3 look him, about two minutes to
Talk from the road gate to the
house.
Previously Charles Fowler had
tated thatit did not take him much
pore then a minute to travel the
Stance to the bend in the road
where his attention was called To
he automobile by Rutherford and
russell.
Mr.. Jack Hardesty, who was
irving the automobile at the time
the tragedy, toldsf his attempts
p check the machine as soon as he
aw the post in the road; but could
lot tell exactly how Miss Bushnell