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 the examination of many wit
| nesses, the chief of whom were small
children, the coroner's jury investigating
1 the cause of the death of Philip Malloy,
the seven-year-old boy crushed to death
between the rear-end of 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 by the
wagon, and that tho wagon was driven
by one Odius Stevens, n negro. The
blame was not fixed, and tomorrow
morning, in Police Court, 1t is likely that
the same evidence will be repeated.
Justice Crutchfield will have to decide
whether or not 1t 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
year-old daughter of Mr.. Gilbert, of the
Gilbert Hotel, gave evidence that made
deep impression upon the minds of the
jurymen.
Il won't swear her. but believe she
has given the most accurate account Of
the accident that has been given" said
Coroner w. II. Taylor. Each member OF
the jury agreed with the physician.
Evidence Conflicting.
The evidence in other respects was very
John LYDIA. thirteen years old.
who lives at No 124h South Fourth
Street together with James Jackson.
negro driver, who lives 1T No. 4O4 East
Cary Street, We're the chief witnesses for
the transfer company and the accused
driver. LYDIA appeared to be particularly
anxious to show that the cause of the
accident was not due to the negligence OF
the driver but to the carelessness OF the
small boy. He said that the wagon
backed out Of the alley In the rear of
the Academy of Music. and that when
1t swung up the street ii struck the little
boy on the opposite side. LYDIA declared
That when the wagon got to Eighth Street
he jumped off. and. without telling the I
driver anything of the accident. went to i
Philip, who was lying in the street.
Master James McRee. who lives at
No. 7oS East Franklin Street. said that
he was across the street when the NAL
10y boy was hurt. He saw the wagon
when 1t struck the child and saw Philip
start to run and then fall down. The
wagon was a long one and stretched
across the street.
MIR. Saunders wanted to know why the
wagon could not back out of the alley
without taking up the entire street. He
could not see why 1t was that the wagon
could turn into the alley at an angle
and not come out the same way. The
question was never satisfactorily an
James Jackson, the negro. said he was
across the street and saw three bows
hanging on the wagon as 1t was being
packed from the alley on the north side
II Franklin Street AS the wagon struck
he tree and then turned the little boy
vas caught and mashed. so he said.
Little Girl on Stand.
Then came little BERTHE Gilbert the
tar witness for the jurors Without the
east hesitation she took the chair, and
when asked by Coroner Taylor to tell
what she knew of the accident said:
Me and Philip was talking by the tree,
nd he asked me how old was and
aid was six years old. He said he was
even years old. Then the wagon backed
ack by the tree and hit Philip. and
frankie took him in the house Philip
vas standing on the 'turbing' when the
wagon hit him. A little boy was on the
hind end of the wagon"
Dr. -. w. Gee gave a statement as to
he crushed condition of the little child
1hen he saw him.
Stevens, after consultation with his |
ttorney, Mr.. Hill Carter, agreed to go
n the stand. He declared that he had
boxed back, and that he had often before
old the children to keep away from the
rec. He declared it was impossible for
i'm to get out Of the alley on the north
lde of Franklin Street in any other way
han by backing straight across to the
outh side. He did not know that any
ne had been hurt, but saw little child
ryins.
The jury brought in its verdict in
ew minutes after the conclusion Of the