The Detroit times., 1911-08-07
BOYS DEATH NAY
CAUSE CHARGE 0F
MANsLAUGHTER
Court Orders That Testimony
In Case Of David Baker Who
Ran Down Harold Burnstein
Go To Prosecutor.
Judge Phslan, III Almost To Point Of
Collapse, wades Through Big
Ordinance Docket.

That the ordinance regulating the
speed and general conduct Of auto
mobiles and other vehicles IL being
observed now with greater ndelity
than a few weeks ago, was evident
from the comparatively small num-
Der OF violators who appeared before
Judge James Phelan, IN the regular
weekly session OF the recorders
court for such cases, Monday morn
ing. There were upwards OF $50 de-
fendants, but the most OF them were
charged with failing to have lights
on their bicycles while riding &C
night. Most of the bicylists pleaded
lguiity and got on on suspended SEN
tence, after explaining that they had
procured the necessary lamp
Judge Phelan opened court at
o'clock In the morning and continued
on the bench until the last case was
disposed OF, despite the fact that he
was iii al the while. He was seized
with stomach trouble, Saturday, and
had no relief over Sunday, suffering
a great deal and getting but very lit
tie sleep. At one time he thought he
would have to adjourn court because
of his pain and exhaustion. but he
got some medicine from City Phy-
sician Pike and determined TO stick
out the session. When the session
was over. however, he felt very much
exhausted and was taken home In Q
taxi.
One Of the most important cases
| on the docket was that OF David
Baker, charged with reckless driv-
| ing I'm connection with his killing Of
Harold Burnstein, 12-year-old news
boy, with his auto at Woodward and
Michigar.aves Motorcycle Patrol
man Staples declared that Baker was
going at about IL miles an hour at
tho time OF the accident The oficor
said he had feared Baker would kin
some one, because Of the congeeted
condition OF the street. Staples algo
said that Baker failed to blow his
horn.
Lieut.. o'Grady. who was also ON
duty at the crossing at the tins o.
the fatality, told Of seeing the acci-
dent. and OF having fear that some
body would be killed by the auto.
Like Staples, he heard no alarm
from Baker.
A citizen who saw the collision be-
tween the boy and Bakers machine,
said he judged Baker was going 10
miles an hour.
Baker swore that he was going
not more than four miles an hour;
| that the accident was unavoidable;
that the boy ran in front Of his ma
chine, and that he had footed his
horn. A witness corroborated his
testimony
Judge Phelan had the testimony
taken down and decided to submit
| Il TO the prosecuting attorney before
disposing OF the ordinance case.
"The prosecuting attorney may see
At to make q charge OF manslaughter
against you," said the court to Bak
er.
"But Capt Baker said II was an
unavoidable accident said the de-
fendant.
How does Capt. Baker know II
was unavoidabief' asked the Judge.
These men were on the spot ana
were In a better position 70 judge
than the captain, who was not pres
ent Some day these men will be
captains, too, II the department au-
thorities get their heads working
right.
Baker was not taken into custory
al the time OF the accident. and the
court undertook to censure the Of
acers in the case for failing TO put
him under arrest, pointing out that
In a man had struck another over
the head with a club In the street
an arrest would have followed. The
Judge thought that the killing OF the
boy certainly warranted the arrest
OF Baker.
Another case OF some importance
was that against II. A. Lozier, Of the
Iozier Automobile Manufacturing
Co. who was charged with driving
| his car "a miles an hour on Hart-ave..
between -Kercheval and Mnck-aves.,
July IL. Motorcycle Patrolman Field
said he paced Lozier for several
blocks and learned from his speedom-
eter that the man was making the
| time he charged.
n transpired that Field didn't over
take Iozier until he had passed the
city limits and the defendants coun-
sei pointed out that the court had no
Jurisdiction In the case The court.
however, held that the speeding com
plained Of took place within the city
limits, but declined to pass Judgment,
until he takes look at the district
himself Lozler declared he was not
leeiag 27 miles an hour. but had no
speedometer on his machine and had
nothing to offer as proof Of HIS speed
but his own judgment
Fines were imposed IN the follow
Ing cases for violations OF the auto
ordinances:
George w. Beebe, s2b, refusing 10
stop his machine when signaled TO
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