The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-11-24
FOUND GUILTY OF
RECKLESS DRIVING
Harold Shaifner Fined $40 by
Judge Daley.
ASSAULT CHARGE STILL HOLDS
States Attorney Barber Refused TO Al
low 1t TO be Dropped Something
Must be Done 10 Stop Reckless Driv'
ing" Said Judge in Imposing Sentence

ing, SAID Judge III liilposHib oeh'
Harold Shallner was fined $40 aud costs
of SaG53 by Judge William II, Daley w
court Tuesday afternoon ~
driving am automobile reclcssiN on tle
night Of sept. 90. 1911, when the ear ne
was running collidcd with the rear 'hn v'
A heavy dump cart upon when hehil W
Goddard was riding. The accident w,ui
rod ncar lie residence Of Henry j. Allen
~ Nernon street. In imposing sentence
Iudpe Daley said that a fine OF Sd had
been imposed upon reckless dHN,i
short time ago (rcferring to the New, h9'e
chauffeur who ran his ear INTO Nhalie.
Cobb's maehinel and 'that soineih lhs
must be done to stop reckless driving
mo respopdent paid the fine and costs ana
Was discharged. There Is still charge Oh
,ssault holding over Shaiiner and he Is
under 81, 800 bonds to appear when called
Ills attorney 4. +. Sehwenk urged the
states attorney to let the other case ulol,
As Mr.. Goddard, upon whom the alIgeu
assault was committed, Is able t9 be ABOUT
hut Mr.. Barber decided to hold tfe case on
the docket for time should MI. pou'
dard die from the effects OF the serious W.
;wr;es received when thrown from his seat
by the shock Of the collidlng 99t9lhoulIt
be changed to manslaughter "a
Tho first witness called was Henry ".
'Coddard. the victim of the accident Wlllih
tbn STATE insisted was caused by the Ieeh,
icss oneration Of William Fleming fold
antomobile Goddard testified that he had
I;vod in Brattleboro between II ana II
vears and that for the last year and a nan
he had been employed as teamster uy 'ug
CRYSTAL Springs Ice company lie toia %
leaving the factory OF the Snowflake Na ia
ming company about IL O'Clock on VIZ
might of Sept. 20, 1911, driving pan ~
horses hitched to a dump cart. lie relhelii.
bcrrd being suddenly thrown nom ms
seat onto one of the horses, falling violent
liz 70 the ground and finding himself near
the residence of Henry j. Allen on vernon
stract Mr. Goddard said his horses We're
nrobablv travelling at the rate OF three OF
| ,Lrce and n half miles an hour when he was
thrown He testified that his team was on
tLe cast side Of the highway ana was COW COW
Inc north. He remembered imdlng hlihsGli
on the east side of highway, lying on tle
grass and that Mr.. Fleming helpeu mn "
| 'Tba witness said that he managed TO get TO
~ ~ saot l.itb Tho assistance of Mr. Fleming
and then fell backward. He remembered that
ba was brought TO his home on Canal street
IN The CRYSTAL Springs Ice company : auto
mobile by Henry Whitney. The wines
| testified 10 calling DIR. Fremont hailll5oI
who ordered him removed the next uaa
| to the Memorial hospital. ,,,. ..r,,,.
! At this point Attorney Schwenk siren
Iuouslv objected to any DESCRIPTION OF tile
| se,ioisness of Goddard's alleged III iul .
and said that the respondent was pelhs
| tried for the reckless operation OF an autI
mobile and that no charge ma pesll l I,',e
,bot Sbaffner had injured Mr.. Goddaf9i
! I,doa Daley allowed the witness TO tel,
INST what he did directly after the alleged
onc;dent and Mr.. Goddard explained that
| nr Hamilton called DIR. George X ahder-
.o, nm examination was held, and an ope-
,otior decided upon. the same beng per
f"rned nj the hospital the following day.
NJ Goddard said lie was obliged to remain
AZ the hospital four weeks ana sihce AZ AZ
release had been at home. State ~
torney Barber asked the witness, II ne hai
been able to work since me aiieeeI III
| Jont and Attorney Schweni objected ne
WESTON was not answered, nor was the
sta4e,s attorneys question as to why NJ NJ
Goddard was at the present time uh""le
TO perform manual labor AZ, cal
| Mr. Schwenk cross-examined MI. you
dord but succeeded in getting only reitet,
alton of the statements the witness hau
made ON direct examination. The witness
said that he had tried to regain ms le ~
after being thrown violently lroil w
seat of his cart and falling back could nov
remember distinctly. the cham Oh e''"''
surrounding the affair, .,.,,,, 20
tho CRYSTAL Springs Ice company men "a, AZ
The canning factory the night OF sept, ~,
tbought that Mr.. Goddard left the canning
factory about / p. m, He sald M YOU
dard was driving a quiet. steady palr Oh
horses hitched to a heavy dump cart. About
II TX Whitney. who was on his way TO lilis
village, met Harold Shatfner between T The
Allen house and the canning factory; He
witness said that Shatfner told MN lhat a
Imam was hurt a short distance uoMil VIZ
road and that the mans team aau ,1ii
away Whitney testified to helping MT
IGoddard into the ice companE,s ANTONIO.
lille and taking him home. The witness
understood that it was Jennings car put
heard no mention made of the person VINO
lad been operating it. The disabled Ford
lear which it was alleged had colllded WIN
the rear end of the cart upon wmch M
Goddard was riding, stood at the west slue
of the road near where M. Goadaru w"s
found. The witness smelled hquoI uEo 10,
so",e If The party while he was assisting
Mr. Goddard into the automobile Inc
reference to liquor was stricken from the
teetimony upon the objection of Attorney,
Sohwenk Mr.. Whitney was asked II
ISbaifner assisted in getting Goddard INTO
tbo automobile and the witness said that
Shaffner tried to help the Others. Whlt-
new testified to finding Goddards team
near the road leading to the freight yard yard.
He told of the damage to the cart. oPoil
lcross.examination Mr.. Whitney, SAD Inal
he did not see lights on the Ford car Whicn
stood beside the road where GODDARD was
found. .Lo ;oo
Charles w. Coy. an employe OF the ice
comnany, testified to helping Mr.. Whitney
and others put Goddard into the automoes
lille His testimony was corroboratlVe OF
that given by Mr. Whitney.
RAYMOND +. Whitney, son OF henry
lW. Whitney and also an employe, OF tne
ice company on Sept. 20, placed the tune
of finding Mr.. Goddard at 11.15 p. m. us
Testimony was practically the same as that
given by Coy and Whitney, ST. Arthur
IT. Wilder and Edward fecto; otner
employees, also corroborated the testimony.
Howard s. Merrill, general garage man
and expert chauffeur employed by Nancy
Rrothers. testified that on the night OF
Sept 20 he received telephone call from
IShaffner to come down town. The witness
said that he did so and found Shatfner
waiting for him. Merrill took Shaffner and
Fleming 1.-THE latter was found at the
Rrattleboro garage) to the scene OF the
accident in an automobile. The witness
very infinitely described the damage done
to the Fleming car and said that there was
Ia depression on the front OF the radlator
about three inches square, the top OF whch
twas about an inch and hall deep ana at
the lower part about an inch. lie salu tn mie
the Fleming automobile was kept at the
Manlev garage and that Fleming and SHAFT
ner took the car at Z or Z. 30 o'clock the
evening of the accident States Attorney