The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-13
INQUIRY INTO
DEATH Of BOY
Coroner's Jury Does Not Fix the
Blame in Case OF Little
Phillip Malloy.
STATEMENTS CONFLICTING
Lad Was Crushed Between Tree
and Rear End of Big
Wagon.

After tho examination OF many wit
nesses. the chief of whom were small
children. the coroners jury investigating
the cause Of the death OF Philip Malloy.
the sevou-year-old boy crushed to death
between the rear-end OF a wagon OF the
Richmond Transfer Company and tree
that stands on Franklin Street. directly
IN front of the home Of the boy. re-
turned a verdict yesterday afternoon re-
citing that death was caused bv the
wagon. and that the wagon was driven
10y one odius Stevens, "a negro. The
blame WAS not fixed. and tomorrow
morning. I'm Police Court. IL IS likely that
the same evidence Will be repeated.
Justice Crgtchheld WIN have to decide
whether or not Il was criminal negli-
gence on the part Of the driver OF the
wagon.
While not put under oath by the coro-
ners jury, little BERTHE Gilbert. the six
yestr-old daughter OF Mr. Gilbert. OF the
Gilbert Hotel. gave evidence that made a
deep Impression upon the minds of the
iurNmen.
Il won't swear nor. but I believe sho
has given tho most accurate account of
the accident that has been given" SAID
Coroner W. Ii. Taylor. Each member az
the jury agreed with the physician.
Evidence Conflicting.
Tho evidence I'm other respects was very
conflicting John LYDIA. thirteen years old.
who lives at No 124L South Fourth
Street together with James jackson. "a
neElo driver. who lives - No 404 East
Cary Street. We're the chief witnesses for
the transfer company and the accused
driver LYDIA appeared 20 be- particularly
anxious 90 show that the cause OF tho
accident was not due 70 the negligence OF
the driver. but TO the carolessness ~ tho
small boy He said that the wagon
backed out Of the alley I'm the rear OF
the Academy OF Music. and that when
u swung up the street IL struck tho little
boy on the opposite side. LYDIA declared
that when the wagon got 10 Eighth street
le jumped on. and. without telling the
urlNer anything Of the accident. went to
fLiip' who was lying in the street
Master James McRee who lives at
No. soS East Franklin Street. said that
ne was across the street when the Nal
Toy boy was hurt lie saw the wagon
when % struck the child and saw Philip
start % run and then fan down The
wagon was long one and stretched
across the street.
Mr.. Saunders wanted To know why the
wagon could not back out OF the alley
without taking up the entire street lie
could not see why 4, was that the wagon
could turn into the alley at an angle
and not come out the same way Tho
question was never Satisfactorily am
swered
James Jackson. the negro. said he was
across the street and saw three bows
hanging on the wagon as IL was being
backed from the alley on the north side
OF Franklin street. As the wagon struck
the tree and then turned the little boy
was caught and mashed. So he said.
Little Girl on Stand.
Inen came little BERTHE Gilbert. the
star witness for the jurors Without rh.
least hesitation She took the chair. and
when asked by Coroner TavlOr to tell
what she knew of the accident said.
Me and Philip was talking by the tree.
and he asked me- how old ! was and
said I was six years old. lie said he was
seven years old. Then the wagon backed
back by the tree and nit Philip. ana
frankie took him in the house Philip
was standing on the 'turbing when the
wagon hit him a little bow was on the
nd end of the wagon
Dr. f. W Cree gave a statement as %
the crushed condition OF the little child
when he saw him.
stevens, after ii consultation with his
attorney Mr. I'M Carter. agreed 10 40
ou the stand. Tie declared that he had
looked back, and that he had often before
told the children TO keep away from the
tree- He declared il was impossible for
him Co. get OUT Of the alley or the north
sia" ~ Franklin Street in any other way
than by backing straight across to the
south side. He did NOT know that any
one had been hurt but saw a little child
crying.
The jury brought in its verdict ign
Few minutes after the conclusion OF the
testimony.