The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-09-09
ONLY FINED FOR
RECKLESS DRIVING
(cont.nued from FIRST rage.

B1fHNeASt1 ana tIle SittItltSS IVA -
defence. il was determined to try all
three warrants at the same time.
Burwell was represented by attor-
ney Nendenberg and Jordan was rep
resented by attorney Harry Smith ana
George Wise. In the absence OF COM
n1onwealth attorney Julian Gum, the
prosecution was conducted by attor-
ney Kirk Matthews.
Mckissick's Testimony.
The first witness was Mir. j. 4. Me-
Ktssick. who stated now nc come to
he with the party. He testified that
he was entirely sober but that others
OF the party appeared to have been
drinking.
1he plans of the party. according TO
Mckissick, were to take ride and
return to limit. He stated that Bur
well car left about two minutes ahead
of the other. They went up Franklin
street to Monument avenue and then
turned north to Grace ana from there
out the boulevard. They turned into
the Gary street road, and when they
rea ched the good part OF the road they
began to race but did not race tar.
lhey turned at kio Vista for the
! trip back to the city ana were not
racing. tiurweil's car went to the siue
/ Of the road. and he turned 10 bring
it to the mIddie Of the road. When
the ear reached the middle ot the road
the other car struck it nut NJ saw no
cause tor danger ana ana not jump
out.
Mr. kessck stated that the other
car passed the one ne was III, Wnen
the car stopped he found Deputy
lying at the side OF the road, lie
called tor assistance and after WardS
found Holiingsworth several Ieet FUR
ther away. The men were placed In
car and taken to the hospital.
| Mr. kessick testified that racing
was not premidated but that one
! party issued challenge and the other
accepted lie said ne had no idea
OF speed and could give no idea OF
/ the approximate speed OF the ears.
/ He stated that there was consider
able difference in the speed going and
coming. and that the cars were not
racing on the return "Trip
Ross Gives "Details.
/ l.. c. Ross, who was in the Bur-
! we'll car, testified that he had been
with Mr.. Burwell since eight o'clock
on that evening. He stated that they
had visited the jefferson hotel, Rue
gers cafe and the Commercial hotel.
He said Mr. Hollngsworth and MIR.
| Deputy and himself took q drink at
| the Jefferson Witness said that
there were six in the party at dinner
| at Ruegers and that they drank ten
! quarts OF wine,
Ross stated that the party made
on trip to Rio Vista before the fatal
trip. They stopped at the Jefferson
hotel and at the Commercial but did
/ not take any more drinks. He said
they left Rueger's between 1880 and
IL O'Clock and none OF the party had
any drinks after that time. He said
he knew nothing about any agree
! ment 10 race. He could give no idea
of the speed of the cars at any time.
Ross said he was not conscious at
The testimony of Ross with refer
ence to the details OF the accident
was exactly similar to that of Mckis-
sick He stated that he did not know
that Deputy was in the other car.
because h.. had heard him say that
he intended returning to the Jeffer-
son Hotel, where he was stopping.
Curry Strong Witness.
! j. w. Curry. Of Fayetteville, n. C.,
testified that he was In the car with
Deputy and Hollingsworth. He stated
| that he joined the party after Ii
! o'clock and Hollingsworth invited him
to take ride with them.
| His story Of the ride was some
what similar to those of Ross and
| McKissick, but that he did not know
| of the speed. He said he could not
| say that the car was going over TWEEN
ty miles an hour.
! Il was on the front seat of the car
in which Holiingsworth and Deputy
| were seated, and | regard 1t as an
unavoidable accident" said Curry.
They must have jumped out, be-
cause ! was sitting on the front seat
and was not even Jared"
f-1ls
worth and himself were from the
same town and were particular
friends
Il could not swear to the speed
of the cars at all" said Curry. i
would not swear the car was going
twelve miles an hour and would not
swear that it was not going twenty
! miles an hour
Policeman on the Stand.
Policeman Palmer testified con-
corning the arrest of Messrs. Burwell
and Jordan. He knew nothing about
the case except what he had been
told by the two men. They told him
that at one time they had been rae
ing.
! Witness testified that when he ar
rested Burwell the next day he did
| not know Of the death OF Mr. Deputy.
He said he found Burwell in Turk
ish bath, and that he was in a stupor
and could not be aroused. He waited
until the next day to make the arrest.
Officer Starts Trouble.
Officer j. w. Bendall testified thar
he went to the scene of the accident
I the next morning before any vehicle
had passed to obscure the tracks OF
the cars He showed that one car
had run about two hundred feet In q
ditch and had knocked down a mail
post and another post, and had struck
a third post. He said he found rraE-
ments of clothing stuck to the bark
of tree.
Bendal stated that the track In
the ditch was perfectly straight. ana
that the track showed that the car
had left the ditch almost at a right
angle. II could not say that the tracks
did not give an evidence that the cars
were racing" said the officer. lit
would depend upon circumstances
whether or not It was necessary TO
turn so quickly into the road"
Ofiicer Bendali was accepted sas an
expert on tho speed OF automobiles
lie testified that he knew that me
ear WAC going at least twenty miles
an hour. lie said he could tell TINS