New-York tribune., 1909-05-29
DARRAGH CONVICTED:
MAY GET 20 YEARS
M4NSL4UGHTER TERDICT
FOR AUTO KILLING.
Prisoner RelieUed That Murder
Charge Failed Jurors Nearly
Unanimous ON First Ballot.

William Darragh, who was driving the high
power automobile which ran down and killed
lngvaard Trimble, thirteen years old. at Morn
lngsrds aveEue and 117th street on March -,
was convicted Of manslaughter in the first de-
gree Yesterday by a jury in the Court OF Cen
eral Sessions. Judge Mulqueen remanded the
prisoner TO the Tombs for one week. when he
will be sentenced. The maximum penalty is
twenty years
The conviction Of Darragh follows the first
trial Of an automobile operator in this city on
a criminal charge in connection with the death
Of victim of his machine The Indictment
against him was found under the amended sec
tion Of the code, which reads substantially as
follows:
The killing Of a human being by an act I'M
minently dangerous To others. and evincing a
depraved mind regardless of human life. al
though without premeditated design. is pun
ishabIe by a verdict of murder in the first de-
gree"
NO JUROR FOR LESSER VERDICT.
Darragh was indicted for murder in the first
degree 1t was learned after the trial that
the jury on their first ballot stood ten for con-
viction for manslaughter in the first degree.
one for murder in the first degree and one for
murder in the second degree. The jury was out
one hour and ffty-fve minutes. and at no time
did any Of the jurors express a desire for an
acquittaI or for a verdict less serious than that
on which the chauffeur finally was convicted
James D. McCIeIIand, who made the closing
argument in Darrashs behalf. cautioned the
jury not To he Influenced in reaching verdict
by the intense public feeling existing against
automobile speeders- He said that every Bit
Of evidence showed that the TrimbIe boy would
not have been harmed had he remained in the
place where Darragh first saw him The boy
jumped in front Of the machine just as the
chauffeur was swerving the car TO one side 10
avoid him. counsel said and this circumstances
of itself he maintained eliminated the charge
that Darragh posse sessed depraved mind re-
gardless of human life. Mr.. McClelland pleaded
with the jury not 10 be pretUdiced against the
prisoner because of his flight after the acci-
dent saying that he was actuated by the same
fear that caused the stampede at Bull Run
For the prosecution Assistant District Attor-
new Smyth declared that the law under which
Darragh was being tried was not intended 10
be a com bination Of empty words in the statute
book At his request Judge Mulqueen instruct
ed the jury that If Darragn knew-rrat the body
Of the boy was being carried along on the ma
chine after the impact when ne was first struck
and that death resulted from injuries suisse
quentIy received. they must decide on a verdict
Of murder in the first degree
PRISONER REALIZES SITUATION
After the jury had retired Darragh seemed
suddenly 70 realize the dangerous position he
was in. and his attitude for the first time in
his trial showed traces Of melancholy and SUI
fering. He was croUchng in his chair, with
his head bowed down. when the jury fled back
into the box and Foreman Abraham Levine an
r.ouuced in response to a question from Clerk
Spinney that the jury had agreed on q verdict
ell az 7arlSlaTgl-
ter in the first degree said the foreman
Darragh Frightened perceptibly as he heard
the words that told him that he was not
doomed 10 the death penalty and answered
cheerfuIly the questions Of the clerk before hs
was taken TO the Tombs To await sentence
RESULT OF JOY RIDING"
Ingvaard TrimbIe was the son of Robert 7.
Trirnble. a lawyer Of No. AZ West 11Sth street.
on the night of the accident he was playing in
the street with several other boys. when IN
automobile speeded toward them. According -
witnesses the machine was going at a terrific
rate and sverved from the middle Of the street
directly upon the TrimbIe boy. who was standing
near the curb. waiting for it 70 pass He was
struck IN the back and his coat caught on the
lamp Of the machine He was dragged half
block before his coat gave way and he fell under
the wheels Both his legs were broken. his skull
was fractured and he received internal injuries.
The car which had run over him slackeued
pace for moment and then sped on az mora
rapid rate than before. There were two men in
the machine. but the police had no cIew to chsir
IDENTITY Finally Charles f Force. Of No ~
Park avenue Informed the police that his c1aut-
feur. William DarraEh had disappeared after
bringing his car back to the garage in a dam
aged condition \ general alarm was sent QUE
for the missing chauffeur He was traced
through several Western cities. and finally ar
rested in Port Arthur. Tex He admitted his
Identity there. and said that he had run over
he boy. He waived extradition and was brought
hack 10 New York for trial Darragh said he
attributed his arrest 10 letter ne had written
n a vourg woman to inform her of his destina-
ion. but which had fallen into ether hands