Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1910-04-06
BEWARE TRIAL.

The case of William H. Benware
of Westtield, on trial in Chitten den
county court for manslaughter, is at
tracing much attention. Benware
was formerly Gov. Prouty's chauffeur
and the case comes out of the death
os Hector Mongeon of ST. Hyacinthe,
?. O., in Burlington during the
Champlain Tercentary celebra tion,
July 6. last. Mongeon on a motor
cycle and Benware in Gov. Prouty's
automobile collided, resulting in Mon
geon's death. The state took Ben
ware on the charge of manslaughter
charging that he was careless and
negligent in the handling of his car.
Benware was held in 5000 bail
which was furnished by Francis
Jacques of Westfeld and Ger. Ben
ware, brother of William, merchant
at Coventry. The case has been on
trial a week now. A long time was
taken in empanelng a jury. The
states evidence, which is all in, tended
to show that the automobile was being
driven at speed of between 20 and 30
miles an hour and that no signals
were given.
Gov. Prouty was put on the stand
as witness. He described the auto
mobile, which was the one that caused
young Mongeon's death as Mitchell
model touring car of 35 horse power,
built to carry five people. He said he
had considered Benware an efficient
and careful chauffeur and that during
Tercentary week. he had been espe-
cially diligent in making the difficult
trip from Swanton to Isle La Motto.
Witnesses of the defense thought the
speed of the automobile was from II
to Is or 20 miles an hour. DR.. William
A. Young, Edward Boynton, Homer
w. Burnham, Don E. Woodworth, and
Fl. O. Miller, all of Westfield, were
witnesses for defense and testified to
the good character of the respondent.
They testified that in their commun--
ity, where the respondent had resid-
ed, his reputation was good. Ben
ware himself testified that in driving
up Champlain street that evening he
was gong about IL miles an hour and
that when he reached the corner of
| Champlain and college streets he had
| the car under perfect control. He
sounded the horn three or four rods
before reaching the cCrler. At the
rate the car was going across College
street the witness stated that he
could have stopped it within dis.
| Gs
| first noticed, the boy on the bicycle
the car was just crossing opposite the
south curbing of College street. He
noticed that the bicycle the boy was
riding began to swerve. He steered
the machine toward the west. when
the boy was hit by the machine. He
applied the foot brake first and ap-
piled the internal expansion brake at
about the same time. The witness
stated that the car did not run into
the boy on the bicycle. He stopped
the machine beyond the crossing and
went back to where the body lay where
he remained for ten minutes. He die
not address anybody in particular, but
asked if there was anything he coulC
do. The witness testified that he re.
mained until the doctor arrived.
The witness testified that the rea
son he did not visit the police office
| that evening was because he wished
to see Governor Prouty, by whom he
was employed, first. The following
morning he saw the governor, wht
told the witness not to do anything
until he returned from Plattsburgh
For this reason the witness did no
4 visit the police office on Wednesda!
morning of his own accord.
The witness examined the automo
bile at the garage the morning fol
lowing the accident and found tina
the right forward mud guard wa
bent at the corner. There were n,
,, other marks on the front of the car
The tires were also in good condition
The witness testified that he did no
think the wheels made any rut OF
|. Champlain street and that it wa
,, impossible for the car to make ru
four inches deep, six inches wide an,
IL feet long, as had been introduce
, in testimony for the state. The wit
! ness stated that when he was run
,, ming up Champlain street he wa
using the high gear, and was no
using all the power and speed of tn
: car. He was testing the engine t
ascertain if there was knockin,
noise.
!, On cross examination the witnes
stated that he considered himself a
entirely competent man to operat
an automobile.