The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-04-04
Judge BeIden Refuses to Dis
charge Ted Collier When State
Rests Case Monday Noon
WITNESS CAUSES SENSATION
Tells of Conversation With Ted Collier
in Which Chauffeur is Alleged to
. Have Admitted Striking
Something That Night

The jury must decide the fate Of
Ted Collier who is charged with
rnanslaughter in the Circuit Court as
Judge Belden Mondy afternoon denied
the motion of the defendants counsel
to dismiss the defendant. The motion
to dismiss was presented to the Court
by Attorney Forrest just after the
State had rested it's case and the re-
lease of Collier was asked for six
specific reasons. In his motion At
torney Forrest said.
81 move for the Court to direct the
jury to bring in verdict of "Not
Guilty" on the following grounds:
First-For the reason that the evi-
dence adduced is insufficient to au-
thorize the jury to find the defendant
guilty as charged in the information.
Second-That the evidence adduced
is insufficient to authorize the jury to
find that the wounds on the body Of
the deceased caused his death.
Third-That the evidence is INSULT
cient to show that the wounds were
caused by an automobile.
Fourth-That the evidence does not
show that the man did not come to his
death from other means.
Fifth-That the evidence does not
show that the wounds on the body of
the man were caused by an automobile
driven by Ted Collier.
Sixth-That the evidence adduced
is insufficient TO authorize the jury to
find that Ted Collier was guilty of
any culpable negligence, and that it
was said culpable negligence that re-
suited in the making of said wounds
and thereby caused the death of the
deceased.
Mr.. Forrest presented short ar
gument in favor Of the motion, and
District Attorney Baker responded to
the argument in few words, after
which the court demanded recess
and laid the decision over to 2 O'Clock
this afternoon. At that hour without
comment he announced that he would
deny the motion and the defense at
once began the fight for the liberty of
Collier.
Bad For Collier
The most sensational evidence of
the trial was presented by the state
at the morning session and if Collier
is convicted on a charge of man
slaughter it is certain that the evil
dence of Robert Symmonds will go a
long way toward bringing about this
result, for he was the first disinter-
ested witness in the case that told a
real story Of the accident as related
by Collier himself. Symmonds was
the last witness for the state in the
case and when he had testifed'it was
evident that the state had saved one
trump card to play on the last trick.
Symmonds was called to the stand
points and then just as the state was
closing its case Symmonds was asked
to state a conversation which had
taken place between himself and Col
lier and his conversation proved to
be the whole meat of the case made
by the state against the chauffeur.
Collier Admitted Guilt
When Symmonds was asked to de-
tail this conversation he applied to
the court and asked, tam forced to
detail the talk l had with Collier
The court answered in the afirma-
tive and Symmonds speaking slowly
and distinctly told Golfers story OF
the accident as he stated that it had
been related to him on or about Feb
is of this year. He said that Colliel
had come to him in the drawing roord
at the plant and had called him iLec
another room, stating that he had
something to say to him and that
in that room he had made the fol.
lowing statements. Symmonds gave
his story as a quotation from Collier.
1t follows:
"Collier said to me, you have
heard a good many statements about
me and want to tell you just
how this thing happened. Nov
it was this way. Mr.. Jackson,
Mr.. Montgomery and myself had gone
out riding, and when we came to the
Sanitarium Mr.. Jackson asked me tc
drive as quietly as possible so as not
I'd disturb his father, and did. After
we had passed the Sanitarium anc
were out of.hearing, Iopened the cut
out and kept it open. When we go
just this side of Central Park, HI
something. My lamp went out ant
the radiator was broken. | applied
the brakes, and felt the wheels jal
as if we had run over something
Symmonds continued, II asked him
II he wentsback and he said mo, al
Jackson said, eff It lis man we hi