The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-13
N m'CABE IS HELD.
JUDGE RESENTS
MONEY OFFER
Providence Antoist Whose Machine Killed Arnold
Boy Furnishes S 600 Honds After Longest rial
i'm Many Years in Eighth District ourt.

10 sohrletyy was asked,
He didnf have any liquor while he
was with rfe'
'ifad he been drinking
"T dii not smell any liquor on him.
ibid YOU have an opportunity TO see!
II sat beside him.
David h Lewis a machinist, testified
that McCabe's auto was working poorly
on the day of the accident. so that It's
possible speed was reduced.
McCAPE's TESTIMONY.
Edward J. McCabe. the respondent saii
he stepped into his automobile that night
at his home on Broadway, took HIS sister
To the theatre and went TO the garage on
Garnet street 10 make a few minor re-
pairs on his car. II was not running
well running on only three cylinders.
which decreased its power. lie then
started out. and. picking up MI. Crow
ICY, started for ride. going out Dor
rance Pine aud Broad streets. Going up
Pine street hc found that he did not nave
sufficient power To climb the hill at high
speed and had 60 shift TO second speed.
THE noise OF The band with the parade
first attracted my attention" continued
Mr.. McCabe. II pulled out part way
from the car rails and ran straddlins
the rails. | do not think / was goirg
more than II miles an hour. A. | came
up TO the parade / slipped my clutch. re-
ducing the speed and making a roaring
sound with the machine. was not run
ming on any gasoline to speak of.
The roar'ng sound made by the rae
ing Of the engine, came out OF thu front
OF the machine. When an autos engine
is racing in that manner. II is not nov
! ing the auto. The vehicle is going under
its own momentum. The auto was strad
ding the outgoing left-hand rail-"
| lie testified that he blew the horn Of
his machine several times as he came up
| q 4
! ing as much noise as any band he ever
I heard, the witness said.
LIGHT WENT OUT.
"The first / knew about the boy was
when my left-hand light went out" Mr..
McCabe continued. "as II q shadow had
come over It. Mr.. Crowley said. You've
struck boy I stood up and saw, about
three lengths behind me. somebody lying
In the highway. did not attempt 20
stop my machine for about 100 feet, and
then brought il down TO a stop slowly.
Absolutely nothing occurred TO indi-
cate 10 me that the boy was about TO
step out into the street. There seemed
TO be a disposition at first not 10 let me
move out OF the car tracks, the people
apparently fearing that l would ride
| away"
"At what rate do YOU think you were
going when your light went out?" was
asked by Mr.. Hogan.
| IT do not think l was going more thar
nine miles an hour. I think IL may have
been between eight and nine miles an
sure II wasn't 10 miles an hour" was the
witness answer.
Mr. Hogan-Did you have your machine
| under control?f
Mr. McCabe-Absolutely.
| Mr. Hogan--lf YOU had been driving IN
a buggy under the same conditions what
| chance would you have had to avoid tho
| accident?
! Mr. McCabe-None whatever The boy
ran squarely into me. never saw him.
Mr. Hogan-You have heard what has
been said about your condition that night
What have you TO say as to that?
Mr. McCabe-Any one who says that Is
mistaken
Mr. Hogan-Had yoy been drinking any
drink that day.
| Mr.. McCabe--Nothing at all
The town solicitor failed to shake Nc.
Cabe's testimony that he had not had q
dring that day.
| recess, counsel for the defence, Mr.. Ho-
gan. began his summing up. He was fol-
lowed by Town Solicitor Grim. on behalf
OF the prosecution.
The arguments lasted IS minutes
Judge Palmer found the fesponden'
probably guilty and an effort on the par
of Town Solicitor Grim to have the bal
OF 5000 raised met with no encouragement
from the court and Mr.. McCabe was ther
formally bound over to the grand jury un.
der bonds OF $1,000, Patrick Carter agar
qualifying as surety.