Evening journal., 1913-08-26
AUTO DRIVER
IS DISMISSED
City Judge Finds Graham In
nOCent Of CareleSSneSS in
Running Down Jones

The greater portion Of this morn
ing's session of City Court was ocou-
pied by the retrial of Cecil Graham.
charged with assault and battery on
Frank Jones colored. The case had
been heard before. but as Judge
Churehman had forgotten some of the
evidence, he desired to have a rehear-
ing. Graham was represented by W.
,. Prickett, who this morning made a
motion to dismiss his client. claiming
the state had previously failed to
prove its case, and by retrying the
case, the defendants rights we're
jeopardized Judge Churchman de-
clared It was most important case
being the first one brought against
the operator of an automobile for
criminal liability. The motion for
dismissal was denied and at the re-
quest Of Mr.. Prickett, an execution
was noted.
Assistant City Solicitor John f. Lynn.
then filed a new information to which
the attorney for the defendant objected.
The information, the court said. would
be allowed at this time and argument
over 1t, would, if necessary, be heard
later
Jones was then called and said that
while standing on the south side of
Sixth street in front of Mesarv's store
about 9-45 o'clock on the morning OF
July 1, waiting for trolley car to pass
he was struck by an automobile that
was driven by Graham. Jones said he
sustained a broken jaw and bruises
Jones denied he had been drinking at the
time OF the accident and at first refused
to answer questions in cross examina.
ton. The court warned him. however
and he said he had left a grocery store
Immediately before the accident.
He first denied being told by
Patrolman Abrahams to move lust
before the accident but latter said
the officer had told him TO move.
Jones repeated that he had not been
| drinking and when asked why he
changed his position from the north
side of the street as he testified in
the previous case to the south side
today, he answered because people
had told him so and they had wit
messed the accident.
Eugene Holt, motorman of a Peo-
pies line car, said when he stopped
at the east side of the corner. he
saw the man standing in the street
waiting for the car to pass. Holt
said an automobile was coming down
Sixth street from West street at the
time.
AS the auto approached Holt saiC
| he heard some one cry "get out Of
the way" Holt did not hear any horr
sounded. The motorman said be
/ stopped the car and looked back ant
saw Jones on the ground and real
wheel OF the automobile resting OF
his arm.
Marvin Hcrner, conductor Of tn,
! Peoples Line car said Jones waE
standing on the west side Of the stree
and the auto. he eontended, was no
going faster than Z miles an hour. Thi
conductor said he heard the cry o
alarm coming from the car.
Patrolman Abrahams who arrive,
on the scene shortly after the acci
| dent, said the automobiles front
| wheel was resting on Jones' arm
Graham, the policeman said, Offered
to take Jones, who was unconscious
! " 1h' LCtdN - AlOEblidi Dul Lnt maj
| was sent to the hospital in the patro
auto.
Chief of Police Black and Sergeant
William J. Schell told of making sew.
eral tests with a 3O-horsepower auto
mobile at Sixth and Tatnall streets
yesterday afternoon.
They said the auto they used cam.
to a stop within its own length whel
going at a speed of 12 miles an hour
Mr.. Prickett objected to this evidence
saying the State had rebuilt its case
and it was unfair to the defendant
The State then closed.
After reviewing the evidence, Judg,
lChurchman declared there was moth
mig to show that Graham had beer
icareless in driving the automobile
and he was discharged.