Omaha daily bee., 1908-07-29
JURY ACTS IN CYCLE CASE
Finds Tommy Fernley Died by Being
Struck by Keyes' Machine.
KEYEs DOES NOT TAKE STAND
Eye witness Testihes Clump of
Weeds Obscured child from
Rider, Who Ran After
Accident.

At the coroner's inquest yesterday IN
Council Bluffs over Tommy Fernley, the g.
year-old child who was fatally injured
last Thursday afternoon by being struck
by a motorcycle ridden by Charles II.
Reyes of that city. the jury returned a
verdict that the said Thomas Fernley
came to his death from being struck by
a motorcycle ridden by a man known as
Charles Reyes"
Edwin ]. Abbot, Frank J. Capeii and
George F. Stevens composed the Jury.
Young Reyes was present with his at
torneys, Mayne g. Hazelton, but did not
testify. County Attorney ]. ]. Hess rep
resented the state.
]. X. Cooper, in the absence from the
city last Friday of DR.. ". L. Treynor,
had taken charge OF the case and i'm
psneled the jury.
The witnesses examined were w. Sea-
man, proprietor of a wagon and carriage
establishment at the corner of Broadway
and Twenty-siXth street, where the acct
dent occurred; Mrs. Venle Johnson, a col
ored woman, who lives on Twenty1sixth
street. just north Of Broadway; DR.. A. s.
Beatty, Ruby Glasgow, w F.. Dady,
Stephen Glasgow aud H. W. Payne, liv-
ing at Twenty-third street and Broadway.
Weeds Obscured Child.
Mrs. Johnson, who witnessed the acct
dent, testified that another child who was
with Tommy Fernley crossed the street
ahead of the motorcyclist and that the
little boy started to follow when he was
struck by the machine. Mrs. johnson
gave It as her opinion that little Fern
ley was obscured from the view of the
rider of the motorcycle by a clump of
weeds behind which the child was stand
ing.
Asked as to how fast she thought the
motorcycle wa going, the witness said:
About as fast as most of these machines
go on Broadway
Mrs. Johnson said the rider of the mo-
torcycle was thrown from the machine
by the force of the collision and when
he arose to his feet appeared to be in a
dazed condition. Seeing the child lying
on the ground the man went and stood
over the baby for a moment, turned and
saw the witness looking out of her win
dow. He then bent over and lifted the
child's head. After this he laid the child's
head on the ground. and, running to his
machine. started up the street with 1t.
running along by the side of the motor
cycle until out of the witness view.
hett AT rOrty Mics an Hour.
w. T. Seaman testified that his atten-
ton was attracted by the screaming Of
the child with the Fernley boy. He was
In time to see the motorcyclist riding
east on Broadway at a speed which the
witness declared to be about forty miles
an hour.
H.. w. Payne identified Reyes as the
rider of a motorcycle he saw at Twenty
third street and Broadway a few minutes
after the accident. Reyes, the witness
said, was covered with dust, and looked
as II he had met with some accident.
w. E. Dady, who picked UP the injured
child. but who did not actually witness
the accident, submitted some photographs
he had taken of the place showing where
the child was struck.
County Attorney Hess stated after the
inquest that it was unnecessary for Keyes
to be placed on the stand, as his case
had gone to the grand jury. the young
man having waived a preliminary hear
ing and given bonds in the sum of 500.