Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-01
James L. Phillips Held for At
torney Heaton's Death.
VERDICT OF THE CORONER
Evidence Heard Last Night at Chevy
Chase.
DEFENDANT ON WITNESS STAND
Inquiry Into Rate Of Speed of Phil
lips Automobile at Time Of
Fatal Occurrence.

James L. Phillips of this city is held
responsible for the death of Frank NJ.
Heaton. local patent attorney. who
was struck by an automobile driven by
Phillips Friday afternoon near Chevy
Chase Circle. A coroner's jury came to
this conclusion shortly after IL o'clock
last night. after hearing voluminous
testimony from several witnesses. In
GLIDING young Mr.. Phillips and his
chauffeur, George De Witt. The testi-
mony and the deliberations OF the jury
occupied nearly five hours. The word
ing of the jury's verdict was as fol-
lows:
We find that Francis NJ. Heaton came
to his death October 80 at the intersec-
ton OF Irving street and Connecticut ave-
nue.. Chevy Chase. Nd, as the result of
having been struck by an automobile
driven by James L. Phillips. running on
the wrong, or left, side of the street, at a
speed sufficient, with power turned off.
to drag the body of the deceased under
the automobile for a distance of about
fifty feet. and that the automobile was
unskiilfully managed
Phillips will have to appear before the
grand jury of Montgomery county, which
sits November o at Rockville.
Summary Of Testimony.
Much of the testimony was contradic-
tory on minor points One eyewitness
testified that the body of Mr.. Heaton was
dragged $50 feet, while other declared
it was dragged forty feet. The Jury made
special inquiry into the rate Of speed that
the automobile was running. but 1t was
not shown that the speed was high Both
Dewitt and Phillips said that the power
had been shut off for 200 feet before Mr..
Heaton was struck
Phillips testimony was given in .
straightforward manner and seemed to
he the most important to the Jury He
said that he had not been on Connecticut
avenue before driving In his machine. He
went to the left, wrong side, of the
road because the right side of the road
appeared to be rough and slightly dan.
gerous. Phillips testimony brought out
the fact that although he was used to
automobiles and had driven a car on tours
for a distance aggregating thousand
miles, he was not skillful enough to drive
a car alone. He said that he never went
out without a chauffeur, for the reason
that he did not consider himself expert
enough.
He said he first saw Mr.. Heaton when
he alighted from a street car on Connec-
ticut avenue. Two ladies got off the car
first the automobile being then about
two hundred feet from the car. coasting,
with power off, When the ladies had
reached the sidewalk, Mr.. Heaton left
the car and started for the pavement.
that had Mr.. Heaton stood still the auto
mobile would have passed him, but he
started for the curb, and still the automo-
bile could have passed behind him.
Heaton Became Confused.
Mr.. Heaton. Phillips declared, became
confused and ran back toward the car
tracks when the automobile was about
six feet from him, and nearly escaped
being struck, but was hit by the right
side of, the machine. Phillips testified
that he was much excited after the acci-
dent and could not remember exactly
what he did toward applying the brakes.
His evidence showed that he did all in
his power, under the circumstances, TO
avert an accident.
Dewitt, the chauffeur, was questioned
closely as to whether he and Phillips had
been drinking. Both stated they had not.
Other witnesses examined were Robert
T. Hilton, William Fletcher, an eye wit
ness of the accident, Robert Feitner, con-
ductor of the street car from which Mr..
Heaton alighted. James A Hurley.
motorman of the car, A. Garrison a pas
senger in the car, John Green and
Christopher Armat who saw the auto
mobile Immediately before it struck Mr..
Heaton, but who did not see the ac-
cident G. w. F. SwartZell who testified
as to the condition of the roadway. and
Coroner hewitt of Washington, who saw
the automobile just before the accident.
and to went to the Heaton home and
Mr.. Wright, who was with Coroner
hewitt.
The coroner's jury was composed OF
William T. s. Curtis. A. p. Albert, jr..
Frank P. Reside Raymond E. Hodges,
burn. c. r. Richards, RI. L. Lewis.
Charles S. Muir. DR.. Arthur H. Glennon.
Eugene E. Stevens and Thomas E. Rob-
ertsOn