Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1908-11-06
Goes to the Grand Jury.

James L. Phillips, of Washington City
is held responsible for the death OF Frank
M. Heaton, a local patent attorney, who was
struck by an automobile driven by Phillips
Friday afternoon near Chan~ Chase Circle
A coroner's Jury came to this conclusion
shortly after 10 o'clock Saturday night, after
hearing voluminous testimony from several
witnesses, including young Mr.. Phillips and
his chauffeur, George De Witt. The testi'
mony and the deliberations Of the jury &C.
cupied nearly five hours. The wording o.
the jury's verdict was as follows:
1--WE find that Francis M. Heston came
to his death October 80 at the intersection
OF Irving street and Connecticut avenue
Chevy Chase, this county, 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 speed suffi-
cient, with power turned of, to drag the
body of the deceased under the automobile
for distance Of about fifty feet, and thai
the automobile was unskillfully managed. ~
Phillips will have to appear before the
grand jury Of this county, which sits here
on November 9th.
Much of the testimony was contradictory
on minor points. One eyewitness testified
that the body of Mr.. Heaton was dragged
800 feet, while others declared 1t 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 the power had been shut off for 200
feet before Mr.. Heaton was struck.
Phillips testimony was given In straight.
forward manner and seemed to be the most
important to the jury. He said that he had
not been on Connecticut avenue before driv-
ing In his machine. He went to the left, or
wrong side, Of the road because the right
side of the road appeared to be rough and
slightly dangerous. Phillips testimony
brought out the fact that although he was
used to automobiles and had driven car
on tours for distance aggregating thous.
andlmiles, he was not skillful enough to drive
car alone. He said that he never went out
without chauffeur, for the reason that he
did not consider himself expert enough.
He said he first saw Mr.. Heaton when he
allghted from street car on Connecticut
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.
Phillips and the chauffeur both declared
that had Mr.. Heaton stood still the auto
mobile would have passed him, but he start.
ed for the curb, and still the automobile
could have passed behind him.
Mr.. Heaton, Phillips declared, became
confused and ran back toward the car track
when the automobile was about six feel
from him, and nearly escaped being struck
but was hit by the right side Of the machine
Phillips testified that he was much excitet
after the accident and could not remember
exactly what he did toward applying tn
brakes. His evidence showed that he dit
all In MS power, under the circumstances
to avert an accident.
Dewitt, the chauffeur, was questioned
closely as to whether he and Phillips had
been drinking. He stated they had not.
Other witnesses examined were Robert
t. Hilton, William Fletcher, an eye. wit
ness TO the accident, Robert Feltner, con
ductor OF the street car from which Mr.
Heaton aliRhted, James A. Hurley. motor
man Of the street car, A. Garrison, a passen.
ger in the car, John Green and Christopher
Armat who saw the automobile Immediately
before it struck Mr.. Heaton, but did not see
the accident, G. W. F. Swartzell, who tes j..
tilted as to the condition OF the road way
and Coroner hewitt, Of Washington, who
saw the automobile just before the accident
and went 10 the Heaton home and Mr.