Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-03-31
MANSLAUGHTER CASE ON
Trial of w. H. Benware Begun in
County Court.
state WIN Try 70 Prove That lie Was
Running Automobile In Negligent
Manner when lie struck IIcc-
tor MongeOn.
The case OF State VS.. w r. Benware.


county court. The entire morning was
devoted to tho selection Of a jury and
with the opening statements of counsel
In the afternoon four witnesses were
heard. they being City Engineer r. VI
Mcintosh. Dr. y. n Stone, director Of the
state laboratory of hygiene, Or. s f
Maynard and the Rev. John G. Currier
of Milton
In his opening statement states At
torney Shaw said that the prosecution
would attempt to show that on the night
OF July at about-niue O'Clock, William
Henry Benware, who was driving
automobile for Gov. G n. Prouty, drove
his machine up South Champlain street
in such a careless and negligent manner
that he ran into Hector Mongeon Of 81.
| Hyac'nth Que, who was visiting in this
city during the wecll of the tercentenarv
celebration. threw him off the bicycle
he was riding and inflicted such injuries
that Monseon died shortly afterwards al
the Mary Fletcher hospital. The accident
occurred at the corner Of South Champlain
and College streets. lie stated that
tho State would further attempt to show
that the automobile was being driven In
careless and negligent manner before
College street was reached and that II
was being driven at rate OF between
20 and 30 miles an hour. The State will
| Try to show that the man WAS killed BY
being struck by the mud guard of the
| automobile
The counsel for the defense made no
| long statement. except that they expected
to show that the accident occurred In an
entirely different manner from that
described by the State and that Benware
was not legally liable for the death OF
Mongcon
City Engineer Fl. NJ Mcintosh was the
first witness. taking the stand at two
O'Clock I'm the afternoon. He had large
map Of the scene Of the accident. showing
the location OF street ana corners and
distances and grades to AMI from different
points.
Or. b. II. Stone was the second witness
He introduced as evidence the left lung
of Mr. Mongeon and several photographs
OF the man, taken IN the undertaking
rooms Of a. E Clement. The photo
graphs showed the different scratches or
abrasions found on the body following
the accident.
| At the undertaking rooms Dr. Stone
found the body of a Young man dressed
in his underclothing. There were external
scratches on tre skin. which We're COM
paratively trivial. The body cavities
had been embalmed. There was an
abrasion of the SKIN on the light hin
and another abrasion on the right knee.
| There were also abrasons below the
point OF the right shoulder blade. the
right arm, the left hip, the left elbow.
the left knee and on the middle of the
back
He found that the cavities of the chest
contained blood and that the third rib
| was broken. There was a lesion in the
left lung and the whole surface was
covered with air. This lung showed that
he had had trouble with 1t at some time.
probably pleurisy. The right lung showed
| tubercuar LESSONS or scars. There Were
10 ounces of blood fluid in the left lung.
The other organs were practically
normal
pr. Stone testified that this condition Of
he lung was caused by some Tremendous
pressure. applied from the outside. The
abraeiors on the Skin, he said We're not
the cause Of death.
The pictures Of Mongoon. Intending To
show the location Of ahrasions we've
objected to as evidence by the counsel
for the defense on the grounds that the
wounds We're immaterial BECAUSE Of the
interference Mr.. Sargent objected, stating
that the opposing counsel we're WASTING
much time with trivial technicalities Nj
Brown stated in response that they had
Il young man to protect and We're bound
10 see that he was protected by all legal
rights. The court allowed the photo
! graphs to be used
! Dr. S. r. Maynard was the third wit
ness. He testified that on the evening Of
duly he was summoned 20 the corner
/ OF College and South Ch0Uplain streets
10 attend to a young man who had been
injured. He found the man living on the
| terrace in front of the residence Of Dr.
+. T.. Clark. The man was practically
unconscious and WAS breathing heavily
lie had very little pulse and the witness
thought that the man was going 10 de
The man was In such bad shape that tho
witness did not handle him. ~ III.
Mary Fletcher hospital he noticed thai
the mans clothius wos covered with
dust and that l. was torn He was NO
in conditional any time 70 he examine l
The witness left the hospital at rbou
eleven o'clock and the patient wa.
gradually declining. The cause Of death
he testified. was caused by shock an(
hemorrhage.
Ihe last witness WAS the Rev. John c;
Curiier Of Milton. On the evening o
the accident he was walking down Colleg,
street and about opposite the yesidenc,
OF DIR. +. T. Clark he heard the noise O
an approaching automobile and Il crash
The two noises occurred almos
simultaneously. He walked TO the curb
ing. when the man who had been strucl
WAS removed to the terrace in front O.
DR. Clark's residence. The witnes.
testified that he did not hear any auto
mobile signals He thought that tn,
machine was being driven about 80 mile.
an hohr. He testified that he had ridder
in automobiles. He did not see youn,
man riding a bicycle down College street
The jury members empaneled are al
follows: f. ]. lombard of Milton, l.. |
Bling of Wiliston, A. r. Childs OF Bur
ington. w. ID. Granger OF Milton +. NJ
Hubbel Of Charlotte. Truman Jackson o
Underhill c, c. Norton of Westford
W, W. Place of Hinesbulg Georg,
Palmer of Shelburne, F.. J. Robinson o.
Cnderhill, T. H. Smith OF Huntington
Bal Shattuck OF Huntington.
ROOT REPORTS II. X. BILL