Daily press. [volume] (Newport News, Va.) 1896-current, 1909-09-03
Justice Brown Sends N. N. Phlpp's
Case to Corporation Courl.
FIVE WITNESSES EXAMINED
A. c. Williams Testifies That Left
Front Wheel OF Automobile Strucs
Herbert Soter's Right Shoulder
Expert on Stand.

NJ. NJ. Phipps, the young man who
ran down and fatally injured little
Herbert Softer with an automobl;e
Tuesday evening, was held for the ac.-
ion of the grand jury on the charge
OF manslaughter by Justice Brown In
the police court yesterday morning.
He was Immediately bailed for his
appearance in the Corporation Court.
tine Dor d again being fixed at $1,000.
r. c. Powell, who was member OF
the coroner's jury which investigated
the killing. was accepted as security.
When Justice Brown announced his
decision. young Phipps. who was pres
ent With his attorney, htr. r. NJ. Lett,
was visibly effected and seemed
strongly disappointed That his case
was not dismissed.
George Softer, father of the dead
boy, also was present In the court
room and he broke down several
times during the hearing
Five Witnesses were examined be-
fore Justice Brown and when their
evidence was concluded. W. II. Shackle-
ford. an automobile expert. was calico
to the stand to give expert testimony
on the running of machines.
Eye-witnesses' Story.
A. c. Williams, an eyewitness to
he accident. was the first witness call
ed. He said he was going south on
Huntington avenue at the time and
the automobile was coming toward
him at a rate of speed not exceed
ing eight miles an hour. The little
boy and a companion were playing In
the street near the curbing on the
west side of the thoroughfare. When
the machine was thirty or forty feet
away from the child, the witness said,
the little boy started 10 run across
the avenue The machine swerved
in the same direction that the boy
was running. The child, he said. was
not locking toward the machine. and
he could not say whether or not the
child saw it.
According to the witness the left
front wheel of the machine struck the
boy on the right shoulder, showing
that the boy had almost gotten across
the street ahead OF the machine. He
also said that if the car had continued
on a straight course it never would
have hit the boy.
Child Ran in Front of Machine.
II. Waddell was another eye-wit
ness. He said that he saw the ma
chine swerve to the left and then saw
the boy run across the street in front
of the automobile. He did not SEE
the car strike the child as the ma
chine was between him and the chic.
The witness was positive that the me-
chine was running at a slow rate OF
speed He also said that he thought
the driver did everything possible 10
avoid the accident.
Jack Darlington. who ran with the
child to the St. Francis hospital I'M
mediately after the accident. was call
ed. He was talking to Joe Gilpns
nearby at the time of the accident,
but did not see the car hit the boy.
However. he saw the left hind wheel
of the machine run over the chiid.
Saw Wheel Go Over Boy.
Joe Gilpin gave the same testimony
as Darlington. He did not see the
machine hit the child. but saw the
wheel pass over the little boys head.
William Burney was near the scene
but he did not see the accident I'M
til the machine was passing over the
child's body.
Commonwealth Attorney Berkeley
asked all of the witnesses how far
the machine ran after striking the
child and they all said it went from
20 10 30 feet
w. r. ShacklefoTd was called as an
expert witness on automobiles He
testified that car of the type thai
Phipps was running could. when run
ming at a moderate rate OF speed. be
stopped in a distance Of about eight
feet If the brakes we're jsmmed dowis
as hard as possible. He also testi-
fed about the handling OF machines
and how quickly they could be turn