Evening journal., 1909-12-24
ASK ACTION
ON ACCIDENT
continue From FIrst Pags.

Continued From First rage
Noblitt in his automobile on June 10,
1909"
When asked as to his attitude regard
ing the accident 20 DR.. Green and County
Engineer Wilson, Attorney General Gray
to-day made the following statement:
Il put Detective ellis on the case inn
mediately after the accident happened.
requested several gentlemen who inter-
ested themselves In the matter at that
time 10 furnish me the names Of anybody
they knew OF who might know or might
be supposed to know OF the accident. I
summoned every witness before me whom
Detective ellis was able to hear of, and
also every name that was handed me
by anyone else and examined all the
witnesses under oath.
There were four witnesses who testi-
fed as to the speed of Mr.. Nooiitt's car.
one at a point between the Greenhill
Presbyterian Church and the Country
Club who stated that at that time Mob
litt was running between fifteen and twen-
" miles an hour in his opinion. The toll
gate keeper testified that when Noblitt
went through the gate he was going
about fifteen miles an hour Dr. Ewes
testified that he met Mr.. Noblltt about
half a mile from where he was Informed
the accident TO Dr. Green occurred. At
that time he estimated Nobiitt was going
about thirty-fve miles an hour
Another witness who saw the acci-
dent and was standing in his yard
about seventy-five or eighty yards
away, said he could not say how fast
Noblit was driving, as he did not know
much about the speed of automobiles
on being pressed on the question OF
speed and asked as to how fast Noblit
was going compared with the speed
of other automobiles, he answered they
all run about a mile a minute. Noblit
was going about twenty miles an hour
Another witness at the scene OF the
accident did not notice the automobile
until it struck the runabout in which
Dr. Green and Mr.. Wilson,were driv-
ing. He said two other autos
had Just gone down the road an
instant before at a god rate of speed
and made considerable dust. The tes-
timony as to the speed at which Nobitt
was going near the Country Club, at
the toll gate, and where DR.. Ewes saw
him-about half mile from the place
of accident--would not he permitted to
be given In evidence by any Court
so that the only evidence which could
be used is that of a witness who first
stated he didn't know how fast the
automobile was going, didn't know
anything about the speed of autos, and
aftcrward stated that all autos go a
mile "a minute and then said Noblit
was going only one third as fast as
he estimated all other autos ran.
witnesses also testified that there Is
a sharp dip from the pike down into
the summer road and that Nobltt's
car seemed 70 swerve down into this
dip and then he apparently, immedi-
ately tried to swervc back and avoid |
the runabout According to the only |
evidence which could be introduced |
into court then, Noblltt was at the |
time running at lawful rate Of speed |
and / have at present no evidence to /
indicate criminal negligence or care
lessness on the part of Noblltt
III there is any such evidence ! |
would be very glad to have II furn- |
ished me, as aside from this particular !
unfortunate case I think many OF the |
automobilists around here need a
sharp lesson as TO their duties and re-
sponslbillties. on the evidence I now /
have IN my possession, even II I were |
20 have a warrant sworn out for Mob
litt's arrest no Governor would grant |
requisition papers. Furthermore, If |
Noblitt should voluntarily come into |
Delaware and submit TO an arrest, no !
court in our State would on the evil !
dence now In the States possession, al |
low the case to be decided by a jury, |
but would on the completion Of the |
States evidence, at the request Of the |
defendants counsel give binding in
structions to the jury TO return a
verdict Of not guilty"
"The criminal liability however has
nothing TO do with Noblitts civil liabil-
ity, and / express no opinion as 10 that.
1t is a matter with which have moth
ing to do.
Il have taken a great interest in this
very unfortunate accident and have
submitted the evidence / secured to
several leading members at the bar,
and requested their opinion as to Mob
lifts criminal liability. They have
fully confirmed my own opinion about
the matter. I have endeavored to per-
form the dtuies OF my Office consci-
entiously but ! am a prosecuting OIL
Ger and not a prosecuting officer, and
would not be justified, notwithstand-
/ ing personal inclination or public clam
or, in trying to make Noblit pay for
the terrible results Of this accident by
starting criminal proceedings which
know could have but one result"