The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-04

everything WA ali night. 40 shsad. you
we're satisfsed sntirely1-
Il vaS.-
But you didn't look back yourselt1-
-No. sir. I was too busy with the ma
chine
You knew tina, you had struck some
thingp'
Didn't ~ for a single moment flash
upon YOUR mind thar what You had
struck might have been vehicle;" ash 81
Mr.. Maynard solemnly
1T did replied Rns.nheiner.
believe you, said the District Al
Yes" went on Rosenheimer. and that
was why | asked Fleischer II everything
was ali right
Rosenheilner SAID that he seldom drove
rapidly several times he had run ms
forty ,
Haven't you h.'en arrested for speed
ingr asked Mr. MAYNARD
lIr Claiborne jumped To his feet ana
objected Justice OGorrnan said tha'
the question would be allowed
Mr. Osborne SAID that he had two de-
cisions from the Appellate Division ma,
Arrest for speeding did not show morai
~ .pitude. RosenheImer utd not answer
Il have only four more va Noses sald
Mr.. Claiborne They are Mrsj n"s I'm
another; So Your Honor will appreciate
thar II viii not take rIs very long 10 near
them
The Court adjourned at : p NJ with the
underst anding that the case would ne
concluded to-day.
At the morning session there was pro-
duced a duplicate 90 the r,Inahout. the
wreck of which mad heen brought INTO
ne court room the day before On
cross examination NJ John Deans MT rs
borne tried Z" show that no one IN the
Rosenheimer car had told Deans to 60 I"
hell" wher he tried To gs- The car I" come
back Deans stuck tn his story
Walter h HougH. the father ~ m"
dead girl was called He showed plainly
the effects Of the assault committed uI-on
him on Tuesday night hy two men who
called him from his apartment IN The
Bronx and heat him Housh testified
simply rs 20 the age height and weight
OF his daughter He said that she was
Il. S feet 5 inches ana weighed lrf pounds.
Detective Tlernev, Who arrested hnsen
heifner said that when he FIRST reached
the Roses he saw only tleischer. who
told him that he knew nothing Of an aCcl-
dent Later Rosenheimer came in with
his vife and said that he knew nothing
of an accident. a. he had heen driving
Coroner Schw annecks Of The Bronx
said that when he examined Rosenheimer
the defendant said THAI he had h"en
in no accident though he admitted that
on the Pelham Parkway his machin"
had gra2ed q vehicle Schvannecke was
the las, witness for the prosec,,tion, ,h,,
he wished to impress upon 'he jury the
fact that Rosrnhemer had not been
able 10 soc the buggy. which. contrary
tn Law. was carrying no tail light II
had been demonstrated. \" said. thai
the accident occurred in rhe middl" vi
thr road He said that Fodder was
paving no attention to where he was
going. being SO much taken NJ WIN
conversation with the TWO girls. and
thar old Dohhn was wandering from on"
side OF the road 20 the other IL there
had been a rear end collision the buggy
and horse would have hecn cut IN two
He declared that witnesses had eNac.
gerafed testimony and som" of them had
built up their story
The slightest examine ion before the
most idotic Coroner that ever tried
case would have shown thar this couldn't
have been a rear end collision" said VI.
Osborne He waS rshuked NV Jtst'c"
O'Ciormal for this and the remark was
ordered stricken from the record Mr.
Claiborne apolog ized 10 the Court and said
thar he had meant no reflection upon IN"
Coroner in the case
James G. Scarr of the Wearhor Bureau
testified for the defence first He said
that the dav before tha accident had been
moon had shone and from S:lc until 1912
the sky had been totally overcast
On cross-eyamination Mr. MAYNARD
asked the witness how he at lOo Broad
way could tell ilst what tn" weather
conditions wer" fifVeen miles further
uptown He said that IN" Weather Bureau
had a pretty fair idea because IN. day
before had been cloudy u mad raIned
twice IN the afternoon Of August Is and
Is was safe TO say that tho conditions nj
the Battery were the same ~ IN Inc
Bronx
Edward Hymanson Of AS West i2sth
street said that the night Of the accident
he was driving on Pelham Parkway with
his wife and another woman. They had
met tho Feddrn r7inahout. which was
going from ono side Of the road 20 tho
other irregularly Hymanson aid that
Feddsn almost ran into HE buggy and
that when he heard of Ro-anh"im"r's
trouble h. had offered himself as a VIII
ness The testimony Of Mrs VI Cohen.
who was riding with the Hvnanson party.
corroborarad That of Ivmanson
L. ! Shaw an Itornohi!e d"mnnstra;or.
said that he had taken the lamp from tho
wrecked r,Inabour not long after N" &C.
cidenr and that II Wa cold He was -Irc
that IT had not h"An r"c"nt!v lighted