Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-31
MEETS TRAGIC DEATH
Frank N. Heaton of Chevy
Chase Struck by Auto.
JAMES PHILLIPS OWNER
Victim Returning Home When Ac'
cident Happened.
CORONER BEGINS AN INQUIRY
Hearing to Be Resumed This Even
ing-Statement by an Eye
witness-War Veteran.

/ ~
ing-Statement by an Eye
witness-War Veteran.
| Responsibility for the death of Frank
NJ Heaton. d prominent land attorney,
will be fixed by coroner's jury, which
will complete its inquiry into the circum-
stances of the tragedy at Chevy Chase
this evening
Mr.. Heaton was struck. knocked down
and run over by an automobile touring
car. owned and operated by James Phil
lips. near Chevy Chase Circle, between
$50 and . O'Clock yesterday afternoon.
His death was almost instantaneous.
Dr. Lewis. coroner OF Montgomery coun-
ty. summoned jury, made up of res
idents of Chevy Chase and vicinity. last
evening and a preliminary hearing was
held. Adjournment was taken until Z
O'Clock this evening. when the investiga-
ton will be concluded. The jury and wit
nesses have been directed to be present
, in the library adjoining the Chevy Chase
post office at the hour named.
A verdict will be rendered by the follow
ing jurors: William T. S. Curtis. a. d.
Albert, j.. Frank P. Reside. Raymond
e. Hodges. Clarence W. Dorsey, George
c. Wedderburn. C. r. Richards. II. l..
Lewis, Charles s. Muir. Dr. Arthur H.
Glennon, Eugene E. Stevens and Thomas
Z. Robertson.
Statement by Eyewitness.
An eyewitness of the killing of Mr..
Heaton gave an account of the unfortu-
nate affair to a reporter for The Star to-
day. The witness said he was standing at
the corner of Irving street and Connecti-
cut avenue about 4:15 O'Clock yesterday
when Mr.. Heaton alighted from a north
bound Chevy Chase car. He addressed
the witness Familiarity. as had been his
wont, and then started to cross over the
roadway from the electric car track to the
east side of the street. The eyewitness,
hearing the ''whirr'' Of the approa ching
automobile. and seeing the touring car
approaching at a speed he estimated as
between twenty and twenty-five miles an
hour, called to Mr.. Wheaton,:
Look out for the automobile"
The auto vas then close to Mr. Heaton.
and when the witness yelled the warn
ing he endeavOred to retrace his steps to
the electric car tracks. At the same
time Mr.. Phillips. who was operating
the car, endeavored to avoid the fatal col
lision by swerving his machine toward the
car tracks. Mr.. Heaton then ran forward
toward the opposite side of the roadway
just as two pedestrians sometimes dance
and sidestep in front of one another when
they meet suddenly.
Efforts to Avoid Accident.
The efforts of both men to avoid the ac-
cident proved futile and the big touring
car struck Mr.. Heaton apparently in the
pit of the stomach.
He was dashed violently backward to
the ground and the front wheels passed
over him. He was caught under the ma
chine by the mechanism before the rear
wheels could reach him and dragged along
the road distance of about fifty feet.
When the auto had been stopped, Mr.
Phillips sprang to the roadway. He was
greatly excited, and exclaimed:
For Gods sake. some one give me as
sistance.''
for assistance and Mr. Heaton was ex-
treated He was apparently dead when
Mr. Phillips and others placed him in the
car and moved full speed to his home, 8
Lenox street. Chevy Chase. Those who
were in the car, however. say Mr.. Heaton
died while the auto was nearing the Hea-
ton residence.
An examination by physicians showed
that Mr.. Heaton's skull had been frac-
tured at its base by the violent fall or
blow from the axle.
Mr.. Phillips Grief-Stricken.
Mr.. Phillips, who was grief-stricken
over the accident, remained at Chevy
Chase until after o'clock last night to
meet any charge the Maryland authori-
ties might lodge against him. He was in
a state of collapse and was taken to the
home of DR.. J. Ramsey hewitt, the Dis
trict coroner where he was given medical
attention.
The news of the death of Mr.. Heaton
came as shock to his wide circle OF
friends in this city this morning. He
was in the best of health and spirits when
he left his LAW office at 902 F. street yes
terday afternoon and started for his
home. He was about seventy-four years
of age.
home Charlottesville, Ind, in 1860 and
had resided here almost continuously
during the forty-eight intervening years.
Soon after his arrival in Washington he
accepted position as clerk I'm the United
States land office. In 1888 he resigned
the government position and began the
practice of law. specializing on land claims
business. Throughout the past several
years his Office was in the Washington
Loan and Trust building, at 9th and r
streets.
Graduate of Yale.
James Phillips, who was operating the
machine when it struck the attorney, is
a son of Maj. Duncan c. Phillips. US. A.,
resigned. On his mothers side he is re-
lated to several of the most noted fam
lilies in Pittsburg, Pa. Mr.. Phillips was
graduated from Yale last spring and was
on d visit to his parents here prepara-
tory to entering on business career.
Sitting alongside Mr.. Phillips in the car
yesterday afternoon was George Stevens,
his chauffeur. Phillips was at the steer
ing wheel They had made a tour of
Rock Creek Park earlier in the afternoon,
and. after stopping at the chevy Chase
Clubhouse, started toward Mr.. Phillips
home. 1860 21st street. He said he OBJ
served that the right side of the road
was torn up and impossible. where gas
pipes are being laid. This necessitated
his guiding his automobile to the left
SIDE of the roadway near the point where
Mr.. Heaton was struck He also said
his machine was not exceeding speed
of from four to five miles an hour at
the time of the accident.
Mr.. Phillips declared when he saw Mr.
Heaton in the middle of the road he
sounded his horn and slackened the speed
of his car. Mr.. Heaton appeared to be
bewildered. he added and ran first to