Daily press. [volume] (Newport News, Va.) 1896-current, 1909-09-02

said that he was walking south oyel
Huntington avenue when he saw the
automobile coming up the avenue TO-
ward him al a slow rate OF speed. The
little child. he said, with small com
lpanicn. was playing on the east side
Of the avenue near the curbing. The
machine was running On the same
side OF the street and when near the
children 1t sweryed toward the west
side OF the avenue. At the same
time the little boy started TO run
across TO the west side OF the ave-
nue.
Continuing. the witness said that IL
seemed as If the child ran right IN
to the machine" and that II was i'm
possible for the driver OF the auto
mobile to avoid the accident. The
automobile, the witness said, stopped
within four or five feet OF where II
hiI the child.
Not More Than Eight Miles an Hour.
At this point. the witness was again
asked about the speed of the machine
and he said that he had been motor
man en- a street car here and had rid
den motorcycles and that he was posi-
tive that the car was not making more
than eight miles an hour. He also
went cn to say that he had run
street car up and down Huntington
avenue and that the children living
i'm the neighborhood of the accident
frequently jumped into the way OF
cars and vehicles purposely and com
pelied the car or vehicle to srop before
they would get out of the way.
Captain Berkeley took the witness
in hand and began the cross examina
ton. After having the witness again
tell the relative position OF the car,
himself and the Children before the
accident. Captain Berkeley asked
about the speed. The witness was
not so certain, hut tHpubh' ~ WV
about eight miles an hour.
Child Dragged by Machine.
Asked ~ the child was not Knocked
down and dragged some distance by
the machine before the wheels finally
passed over IL. Dietrich admitted that
such was the case. The witness then
went on to say that he could not state
exactly how far the machine ran after
striking the child as a crowd had
gathered quickly
Attorney Mitchell, counsel for Sot-
er asked the witness II the driver
could not have stopped the machne
before striking the child If he had
seen the boy when he first started
across the street. Dietrich replied
that he did not think it would have
been possible.
Here Justice Semmes called a halt
ON the REORGANIZATION, announc-
ing that the attorneys could examine
the witnesses when the case was
tried In the criminal courts. Attorney
. EFT then said that Phipps readily ad-
mItted that he was running the ma
chine and the invetigation was at an
end.
witnesses Recognized to Appear.
The other witnesses. who were re-
conized to appear at the inquest, were
recognized by Justice Semmes 70 APP
pear in the police court at 10 o'clock
this morning, when the preliminary
hearing Of the charge of manslaughter
against MIR. Phipps will be held This
hearing was continued yesterday
morning by Justice Brown pending the
outcome of inquest
The witnesse recognized were.
Jack Darlington, William Burney,
William Dietrich. Joe Gilpen and H.
wadden. Jack Darlington was an
eyewitness and Immediately after the
accident he picked the child up ana
ran with IL to the 81; Francis hospi-
tan. Pat Furlong is another eye-wit-
ness and he has been summoned TO
the police court this morning.
Mr.. Phipps was again released on
bail for his appearance. Mr.. 5. 4.
Narston being accepted as his Sc
curity for $1,000.