The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-16
miller JURY IS
UNABLE TO AGREE
Barber, Indicted for Running
Over Carl Ruehrmund, on
Trial in Hastings Court.

Frank M1I1er, the OqnD
indicted for recklessly driving an ae-
tomobile and running over and sera-
ously in1uring Carl Ruehrmund. OF
2o2l West Grace Street. was placed
on trial yesterday morning at IL
o'clock in the Hastings Court the
case was not given to the Jury untii
500 o'clock last night After hah an
hours elaboration. the Jurors report
ed they had been unable to reach .
, verdict and were adjourned by Judge
d. c. Richardson until this morning
at 10 o'clock. when they will make
another effort.
Mr.. Ruehrmund was run down BY
an automobile on the night OF March
20 last in Broad Street. at Meadow.
just as he had left . car ana was
crossing the street on hts way home.
He was thrown under the wheel and
the driver Immediately threw on his
brakes. The latter removed the pros
trate man and then drove away leav.
ing him helpless in the street.
Town ArOused by Brutal Act.
The city was aroused by the brutali-
for the arrest and conviction OF the
! was arrested and charged with the
offense. His arrest came about
through Information supplied by two
young women, who said they were with
Miller when he ran down a man at
Meadow and Broad Streets.
When arraigned yesterday. Miller.
who was represented by Attorney
Benjamin Lovenstein, entered a plea
OF not guilty. Commonwealth's Attor-
ney Minitree Folkes appeared as pros
ecutor.
Mr.. Ruehrmund. who has not yet
recovered from his injuries. was the
first witness. He related the same
story told in the Police Court. explain
ing how the accident occurred. but
could not say whether Miller was tn"
guilty party.
The women followed him on the
stand and asserted that they had been
for a ride in Miller's car and were re-
turning home with him. One of them
asserted no lights were showing on the
machine. and she cautioned Miller of
this fact, but he made no effort to light
up. She testified that she did not see
Mr.. Ruehrmund until he had been hit.
Frightened. both of the girls stepped
out of the machine and walked swiftly
away. Both declared on the stand they
were certain Miller would place his
victim in the car and take him to a
hospital or some physician for treat
ment.
Conductor Saw Accident.
The principal witness for the Com
monwealth was R. L Lumpkin. street
car conductor. He testified that he
was passing Meadow Street when ne
saw a man dragging another from
beneath the wheels OF an automobile.
He stopped the trolley. he said. ana
ran to his assistance. Before he
reached the automobile the driver had
placed the injured man on the pave
, ment, jumped in his machine and drove
away. He was confident that the
driver was Miller. He did not speak
to him. however, as the machine rolled
away before he came up. His next step
was to aid citizens to remove Mr..
Ruehrmund to his home
With twenty-one witnesses the de-
Tense attempted to prove an alibi for
Miller Efforts were also made to
impeach witnesses for the Common
wealth.
Woman an AIfbi Witness.
Mrs. J. X. Messimer. of Brooktend
Park. was one of the principal wit
nesses for Miller. She testified that
Miller ard his two brothers-in-law,
Edgar and Frank Hertsch. were at her
home with. the automobile snort
while before ~ Ruehrmund vas run
| down. and it was attempted to show
| that Miller would not have had time
to have reached the scene of the acct
dent at the hour it occurred The
Hertsch brothers and others corrooo-
rated this evidence.
All Of the defense witnesses were
certain OF the date, March 20. but none
; could recall a single incident that hap
pened the day before or the day after.
when cross-examined by Mr.. Folkes-
II the jury finds a verdict Of guilty
| Miller may be punished with fine,
, fine and imprisonment in jail or sent 10
/ the penitentiary for not more than ten
years for malicious wcundtng.