The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-17
"A daughter"
H"horQ tUaS the QI1fn Kent W

w mere was LIlS tQlO hCPI.
First at the Cowdry garage and then
at the Kansas garage"
What was your practice in regard to
when you were wanted?"
"They would either call me or /
Them
Where did you keep the car while
waiting to be called?"
''In front of Eagles"
do you remember when the son
came home from a vacation?
ct don't remember the date
you were still driving the carp"
"Yes.''
estate what work you did on the
car and any supplies you got for it,
ST got the supplies and tires because
I could get them cheaper
"Why?'
my father has a garage"
What work did you do?"
"Overhauled the engine several times
and went over the machine 1 ordered
four or five tires and inner tubes,
magnetic, and other things
Had you been working on it the
day before The accident?''
Eyes, SIR
Did Mr.. Monroe ever tell you not
to take the car without special orders
for that specific trip?''
Did You drive for other members
of the family than Mr.. Monroe?"
ST did, ------.s-.-si .-----
Rutter was then asked to tell the
court why he took the car and how
the accident happened. He explained
as the reason for taking the car was
that Billiards. car had fiat tire. and
he thought they could save time by
taking Monroe's. The cause of the
accident he attributed solely to the
Earring out of the lights which when
he was told to turn made it Impossible
to see the road. The rest of the Incl
dent he did not remember. leaving off
there and picking up the trend again
when he came to at the hospital.
How soon did you go to see Mon
roe about 't?"
ing"
He then told of telling Monroe he
would go to work on the car and see
what he could do and that he would
go on and work for nothing until he
got the machine paid for, and that
Monroe treated him very kindly and
told him to go ahead and see what
/ could be done.
Had you always gotten along well
with the whole family"
Yes SIR
The complaint alleged grand
larceny or an intent to steal the
property and convert it into his
possession forever and the malicious
destruction Of the property.
In the direct testimony Harvey
asked:
what was your purpose in taking
the car out?'
ITO take the boys home"
ibid you run into that post on pur-
pose?"
mo sir"
On cross examination County Attor-
ney Schenck failed to learn that any
of the boys had been drinking but
asked some embarrassing questions.
do you mean to tell me that you
and Billiard decided to take a ride
out into the country after midnight
just to see McCauley?"
Eyes"
! Did any one else decide to ride,
mo"
"Was McCauley up when you got
there?"
ST don't know. didn't go in
"How fast were you driving at the
time of the accident?''
Fifteen or twenty miles an hour"
"Then you think twenty miles an
hour on a rough country road, which
had never been over before is perfectly
safe, do you %
yes, sir, 1 do"
Didn't you have orders not to take
that car out without special orders?''
"I thought from my friendly relations
with the family / could take the car
and tell them in the morning all right"
The testimony of Billiard was the
same as Rutter's except as to points
concerning the taking of the car from
| the garage.
| 1t was claimed by Mr. Monroe that
I Clarence Cole, manager of the garage
had strict orders not to let his car go
/ out without orders from him and that
Rutter had to get Cole into a rear room
| while the car was run out.
To discredit that Billiard stated that
Cole had given him his hat which had
blown off while he sat in the Monroe
| car ready to leave.
]. B. Billiard, father of Philip, went on
the stand to testify to telephone mes
! sage from Mr.. Monroe on the morning
after the accident, informing him that
| as Philip was in the car. he expected an
immediate settlement for the damage
| or the boys would all be arrested.
Standard Files Appeal.
st. Louis, Mo-, Dec. 1.-THE appeal of