New-York tribune., 1910-11-04

l.
preme Court. charged with murder in
the first degree took the witness stand
yesterdaE He gave his recollectfons of
th- nigfHgf August Is. when it is al
legged an atomobile which he was driv-
ing strutl "a carriage in Pelham Park
way, kiIlfTGrace Hovgh and inturing
two otherS7sWho were in the carriage
with her
Roscnheimer laid the blame for the
said, was driving the carriage across
/ the road from left to right when the
automobile struck it. He also declared
that he was dissuaded from going back
TO the scene Of the collision BY Milton
Fleischer and Louis Schuman. who were
in the machine with him. They sug
gested. said Rosenheimer, that inasmuch
IS the mum her Of mis- car had been taken
/ by some one the police would be able TO
find him if he were wanted. Both
. Fleischer and SchUman corroborated
these statements.
The defendant made a good witness,
and give the impression Of frankness in
replying TO the questions of his counsel
He did not finch under the cross-exam-
fnation Of Mr. Maynard, the Assistant
/ District Attorney.
1T was shortly after we turned into
/ Pelham Parkway said Rosenheimer.
! that I saw an object passing from the
/ left 70 the right side OF the road. It
! bobbed up suddenly out Of the darkness,
not more than twelve feet way
/ I threw the wheel to the left and put
/ my right foot on the brake NY foot
/ slipped and touched the auxiliator 1
I felt the jolt and the car swung over to
/ the left and 7 had trouble keeping it out
| Of the gutter. and swerving it back to
/ the right. At the time 7 felt the jolt
! there was also a scraping sound. I asked
/ if everything was al right and some
! one said Yes. We had gone about 800
feet when I heard a noise as of some
thing knocking on the mudguard.
! L stopped the car. and found that the
thing that was hanging about was the
/ rear wheel Of buggy caught between
] the forward wheel and the chassis.
I said to Fieischer and Schuman We
must have struck something and it is
! probably worse than We thought at
/ first Some one said. Tt don't matter,
90 on home replied. 7 am going
/ back to see what happened. whether you
I bows go back or not then saw a light
/ behind and d voice shouted out. There
/ has been an accident UP the road. You've
/ killed some one. but have your number
/ and I'll give it 10 the police
Was Advised 70 Go Home.
Then either Schuman or Fleischer
said. Now GO on home They have your
number and if the police want you they
will know where . find YOU So drove
home. As I was tiking the machine into
/ the garage I placed my foot on the
brake anc il failed to work. so that the
machine AN into workbench smash
ing Cne OF the lamps,
When got INTO the house I told my
wife that something had happened on
the road. and she suggested that I ought
to go bacI and find out about it I got
a horse and carriage. and she and I
drove back 10 the spot where I calculated
the accident rad happened But I must
have found tle wrong place. for there
was nothing there. l made inquiries al
the Knick.rhcker Inn. but they had
heard nothing there a bout any accident.
then drove back slowly over the part
Of the road I believed had gone over in
the machine hut could still find nothing
and returned fon1e. There 1 was met by
two officers aid when they spoke 10 me
I denied that Ihad been in an accident
Iii
that on that lighted parkway you could
not see a mnaoout with three people in
il twelve fet away?" asked Mr.. May
nard in es-examination.
Yes. I D. replied Rosenheimer. 1T
was verydart night. The object came
from the lift SIDE Of the road, where I
did not exFct II" Rosenheirner said he
did not bow his automobile horn be
cause it VS. out Of order. and added;
Didn't Fnow He Was in Collision.
I was sartled when 7 came upon the
object so uddenly. I felt the jolt. but
did not har the crash the noise of II
being droUed, probably, by the sound
of the enine I saw nothing flying
around Grover me. and was not con-
scious OF my resistance. Positively, I
did not kDw I was in collision"
Did yo feel in your heart, Mr.. Ro-
senheiner.that you had run up against
something" asked Mr. Maynard.
u felt Ihad struck something" re-
plied Rosaheimer.
Didn't flash over your mind that
n was a v41icle?"
yes, yes" was the answer
.T believ YOU" said Mr. Maynard
THAT Il why I asked if everything
was all right added Rosenheimer
The eros examination OF Rosenheim
or will be continued when court opens
this morning Several witnesses testi-
fed for tie defence before he went on
the stand yesterday afternoon
Edward Heynanson. of No 565 West
1osth street. who said he did not know
posanbeiurr, testified that he was rid
,rg IN an automobile on Pelham Park
~ m tie night OF October Is Mrs.
tI.,-1etta Cohen, Of No 525 West 141st
-,~ae+ ws in the machine with him
Tna night was misty. he said. They
.assed N, buggy driven by Feddon.
"a II wa in the middle of the road.
- ~, N the right side Mrs. Co
han gave he same testimony.
Ia.as c. scarr' the local weather