Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-11-24

light and an oil light were burning The
left gas lamp was broken. On cross-ex-
animation he said he did not think that
II an automobile going at eight miles an
hour should strike a heavy wagon going
at three miles an hour the driver of the
automobile would be thrown from his
seat.
DR.. Fremont Hamilton testified that
he had been called to attend Goddard the
night of the accident and that after ex-
aiming him he called in DR.. Anderson
and had Goddard removed to the Me-
mortal hospital, where he was operated
upon. He described the internal con-
dition of the injured man after the in
cision had been made and said that It
was found that his spleen had been sew
cred from its connecting parts and was
cut almost in half on the front side and
the back side looked as though it had
been hit heavy blow with a mallet
On cross-examination he said the injury
might have been caused by Goddard's
being run over by a heavy wagon. The
case at this point was continued to
Tuesday afternoon.
William S. Fleming Shaffner's COM
panon in the automobile was the first
and principal witness Tuesday afternoon,
He testified that he and Shaffner started
from Manley Brothers garage in Flem-
ing's Ford car the night of the accident
ana went to Spofford lake, where they
arrived about $50 o'clock. The witness
said he took a drink of beer at Turner's,
The Lakeside. Then they drove to
John Corkery's hotel in Spofford. where
tleming took another drink of beer. He
had third drink of beer at Turner's on
the way back, he testified, leaving for
Brattleboro at 9.56 o'clock Fleming said
that Shaffner had a drink at Turner's
and at Corkery's. He said he did not
Know what Shaffner drank, but thought
1t was ginger ale.
Shaffner, according to the witness,
drove the car and on reaching Brattle-
boro they went to Guilford and down the
Brook road to p. Fleming's cottage,
where w. S. Fleming stopped briefly,
after which they continued to the Vernon
road and then up Vernon street until
they ran into Goddard's dumpcart. Flem-
described his injury The accident hap
pened, he said, about IL o'clock. In re-
ply to a question by Judge Daley Flem-
ing said he took drink of beer at the
cottage, but Shaffner did not drink and
did not get out of the car Cross exam
ined by Attorney Schwenk Fleming said
five lights were burning on the automo-
bile when he left Spofford lake, that the
car was stopped in front of H. L. Emer-
sons house on North Main street while
some of the lamps We're re-lighted, hav-
ing been put out by jouncing, and that
the accident. On redirect examination
he said the car was running from ~ to
10 miles an hour, in his judgment, when
the accident happened
Henry c. Streeter qualified as having
knowledge of the village limits and de-
fined them. His testimony placed the
scene of the accident within the village
limits. The prosecution closed with Mr..
testimony
Attorney a. F. Schwenk addressed the
court and said that the evidence submit
ted had not proven anything beyond the
fact that Goddard's dumpcart had been
hit by an automobile going from 10 to Is
miles an hour, that something had passed
over Goddard's body and crushed him
and that the accident occurred under a
light and in spite of the accident to Cod
dard the same thing might happen to
anyone at any time. No one had seen
or heard the automobile going at a reck-
less speed. Asking for leniency on the
part of the court, he requested that a
small fine be imposed. States Attorney
Barber said that Shaffner had been guilty
Of the grossest carelessness and that he
eft it to the discretion of the court as
to what the punishment should be.
Judge Daley found Shaffner guilty of |
reckless driving and fined him $40 and
costs, amounting to $2653, the alterna-
tive sentence being about 200 days at the |
county Jail. He said that in view Of the |
TACT that the case was out of the ordi-
nary he felt that he must impose the |
1eavy fine. Something must be done, he |
said, to stop reckless driving in this To-
,ality. Shaffners attorney paid the fine. |
Shaffner is still under bonds of $500 for |
alleged assault, the charge preferred |
against him when he first appeared in |
,ourt after the accident. This case will |
De continued, waiting for the state to de-
ermne Goddard's condition. Should |
Ioddard's Injuries result ia tally within |
me year States Attorney Barber says
'haffner would be liable to prosecution
or manslaughter.