Daily press. [volume] (Newport News, Va.) 1896-current, 1909-09-02
No Attempt Made 10 Fix Blame
For Death Of LlllIe Herbert
Softer IN Verdict.
HEARING N POLICE COURT TODAY
All witnesses Summoned To Testify
When M. M. Phipps is Arraigned
For slaushter-Wililam Dietrich
swcars Automobile Was Running
Abou, Eight Miles an Hour.

Hating Commonwealth Attorney
Berkeley in his cross examination OF
William Dietrich. the first and only
witness called before the coroner
Jury early yesterday afternoon in the
Investigation into the death OF Her
bert Softer. the five year-old son OF
George Softer. who was run down and
killed Tuesday evening by an automo-
bile driven by NJ. NJ. Phipps. Justice
az the Peace ". b. Semmes. acting
as coroner in the absence OF DIR. Il.
r. Gary. ruled that it was not within
the province OF the corcner's jury
to say in its verdict whether the kill
ing OF the child was an unavoidable
accident OF whether it was the out
come of negligence on the part of the
driver OF the machine. All the coro-
ner's jury could do. he said, was to
ascertain by what means the boy was
killed.
Jurors Not Satisfied.
One or two members of the jury,
who said they had served on coro-
ner's jury under Dr. Gary, took ex-
ception to this ruling and contended
that If there was any blame the jury
should fix that blame and that II the
killing was entirely unavoidable, the
Jury should exonerate Mr.. Phipps.
Justice Semmes replied that he had
the law on the point before him. that
ne was right in his ruling and that
he would not hear any more witnesses
unless counsel en- either side cared to
argue against his ruling.
Councilman c. r. Fellows, one of
the jurors. then called the Justices
attention to the fact that the jury had
net ascertained by direct evidence the
name of the person who had killed
the child. When asked who was driv-
ing the machine. Dietrich, the witness,
pointed to young Phipps. who was
seated with his attorney. Mr.. Il. NJ.
Lett. Mr.. Lett said that they admitted
that he young man was running the
machine.
Verdict Of the Jury.
Having established the identity OF
the man driving the machine when
the child met its death. Justice
Semmes then drew the following YER
dict, which the members of the jury
signed:
AN inquisition taken at Hunting
ton avenue and Thirty seventh street.
in the city the Newport News. on the
first day Of September. 1909. b. b.
Semmes. acting coroner. OF said city,
upon viewing the body OF Herbert
Softer. there lying dead. the jurors
sworn to inquire when, how and by
what means the said Herbert Softer
came TO his death, upon their oaths
do say that the said Herbert Softer
came to his death by being run over
by an automobile driven by NJ. VI
Ph,pps. in testimony. whereof the
said coroner and jury hereto set their
hands"
This verdict was signed by the
following jurors: c. X. Fellows, c. X
Messick, ]. W. Gunter. G. A. Quale
w. A. Binns and T. c. Powell.
Inquest in Police Court Room.
The Jury assembled al Judge
semmes' once at 1880 O'Clock in ths
afternoon and was driven in the Pelict
patrol wagon 70 the Softer home. Hunt
fngion avenue and Thirty
treet. where the body was viewed Re
turning in the patrol wagon 70 th'
ponce court room. the jury I'm
mediately took up the investigation
Phipps appeared in the court room
wftn his attorney. Mr. Lett. sns
George Softer. the father Of the child
xi;h bis sttorney. Mr. G. c. Mitchell
also attended the hearing Only ;
small crowd Of people vas present
william Dietrich. who said that hi
home was Al Oyster Point. and WI
sss an eyewitness 10 the tragedy
was called 20 the witness stand. ~
EXCURSION TO RICHMOND