The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-09-10
NOT RESPONSIBLE
FOR KILLING TWO.
Death of Hollingsworth
and Deputy Due to
Accident.
DRIVERS FINED BY
SQUIRE PURYEAR
Burwell and Jordan Taxed 500
Each on Evidence Which
Showed They Exceeded
Speed Limit on Night of
Fatal Joy Ride in
County.

Edmond S. Burwell. of Charlotte. N.
T.. and George F. jordan, chauffeur
Employed by the Virginia Auto Com
pany, were dismissed yesterday OF all
responsibility connected with the
deaths of Colonel James G. Hollings.
worth. paynaster- general of the North
Carolina National Guard, and Of H NJ.
Deputy, q travelling salesman of Phil
Fadelph!a, who were killed as the re-
suit Of an automobile collision on
the Cary Street Road on the morning
OF September 2, but each was fined
500 on a charge of violating the speed
law. w. Kirk Mathews actedas Com
nonwealth's Attorney in the absence
OF Julien Gum, and Burwell was rep
resented by H. If. Smith and /. O..
Wendenburg, and Jordan by George
Wise. Thomas p. Bryan was present
In behalf of Burwell's friends.
Certain They Had Raced.
Magistrate Puryear, in rendering his
decision, said that he was constrained
to believe from the evidence adduced
that the two automobile drivers had
exceeded the speed limit. though they
were not responsible for the tragic
ending of the ride out toward the
Country Club. and that he must infiict
punishment.
The attorneys for the defense iulme-
diately noted an appeal. and bond In the
sum OF 5000 was renewed for .he ap-
pearance of the two men before the
October term of the Henrico County
Circuit Court, should they not decide in
the meanwhile TO withdraw the appeal.
Ii is understood that the fines will be
paid.
The testimony before Magistrate
Puryenr was not much different from
that given before the coroner's jury
which investigated the tragedy, but 1t
was devoid of the expressions of opin-
ion on the part OF the witnesses which
Is permissible under the broader lati-
tude governing lnquests. ). r. McKts-
sick. who was a passenger in the car
driven by Burwell, was the only wilt
ness who admitted that the drivers in
dulged in a race, which he said was
won by Jordan's car Talk of racing,
the witness averred. began after the
cars had got beyond the city limits.
and the race was made to the forks In
the road, where the cars turned on
their way homeward. There was no
evidence, however, that they were rae
OF the accident, which all agreed was
unavoidable and for which no direct
responsibility could be placed.
ChnrEes Not Separated.
The two prisoners We're tried togetn-
er, and there was no separation as to
the charges, the attorneys for tho two
sides agreeing to this before the op-
ening of the hearing. Frequent ana
amusing tilts occurred between County
Constable Bendall and the lawyers for
the defense. Bendall, who qualified a.
otfn nnrf
judging from the tracks made by the
two machines, they must have been
going at rate of more than twenty
nve miles an hour. He said he had
made an examination of the ground
after hearing of the accident, had ta-
ken various measurements of posts and
tracks. which forced him to the opin-
ion that the speed limit had been
grossly violated. He once modified his
statement by saying that they either
went more than twenty-five miles an
hour. or didn't attempt to stop, In
which latter case they might not have
been going more than fifteen miles an
hour
His expert testimony was not conslt-
cred by Magistrate Puryear in render
Ing verdict In the words OF coun-
sci for the defense, the officers enthus-
lasm had overreached itself, and there
was some doubt as to the ability of a
human being to determine the rate of
speed of an automobile by its tracks.
But the constable was insstent. and
was not to be persuaded materially to
alter or modify his testimony, for he
was confident as to the telltale tracks.
Tells OF Fatal Hide.
]. r. McKissick was the first Wit
ness called. Without varying from
his statement of the circumstances sur
rounding the fatal JOY ride told before
the coroner's jury, the witness mar
rated what he remembered of the de-
tails leading up to the accident. He
was not OF the party until he met
Burwell and his friends on the street,
when, at their invitation, he joined
them. In Burwell's car, beside himself.
was Lacy G. Ross, of Richmond. AS
the car was fitted only for two pas
sengers, sMcKissick sat in the bottom,
his feet resting on the running board.
Replying to a direct question. 1t
seemed to him that some of the party
had been drinking and, replying to an
other question equally as direct, he
stated that he himself was sober Mr..
Mathews then drew from him the adj
mission that there had been talk OF
raoing, which began after they had ar
rived beyond the city limits Then
4 Luey CACcu ouL W tho AoihS III TIE rOau
near the Country Club. He could not
tell the speed of the cars. he said, as
z he was not qualified as an expert. hav-
Ing ridden In automobiles only few
times in his life.
Then the witness told of the acci-
dent. how the car he was In skidded.
and of Burwell's attempts to right It
by bringing 1t more into the middle Of
the road The other car, following be-
hind, colllded with Burwell's car, strik-
Ing 1t a glancing blow. Then Hollings-
worth and Deputy were either thrown
out or Jumped out, and their bodies
were found lying In the road, the face
OF each being covered with blood. He
helped place Colonel HollingsWor In