Evening journal., 1914-12-17
JUDGE CNURCRNAN
DISMISSES HOGAN
State Fails to Show Chauf-
feur Was Connected With
Auto Fatality
POLICE RE-ARREST
THE DEFENDANT

the defendant in any way with the
death of John Murphy, who was
struck by an auto driven by George
W. Hogan, colored, chauffeur for the
w D. Mullen Company, on last Satur-
day, Judge Churchman in City Court
today dismissed the manslaughtor
charge against Hogan.
At the conclusion of the States
case, William T. Lyman counsel for
the defendant. addressed the court,
saying:
Your honor, 1 move that the de-
fcndant be dismissed on the ground
that the State has not proved Hogan
drove the truck"
1T certainly has not, Mr.. Lyman,
Judge Churchman said, "and II you
insist / will grant your motion.
81 was going to prove that" Deputy
City Solicitor John Lynn declared.
ut has not been proved, and if Mr..
Lyman insists the case will have 10
be dismissed"
Il insist, your honor" said MIR.
Lyman.
"Thc case is dismissed" remarked
the court
As soon as this action was taken Mr.
Lynn announced his determination
to have Hogan Immediately re-
arrested He was taken into custody
AZ l30 o'clock by Patrolman Barr.
Thomas Mahan was the first VII
ness called by the state. lie declared
he was working a short distance away
from Mr.. Murphy at Second and
Orange streets at the time OF the acci-
dent. According to Mr.. Mahm the
man was working in a trench IL
feet i'm depth about 11.45 o'clock in
the morning when the truck driven
by Hogan came down Orange street.
The truck went over a pile of dirt and
into the ditch. A moment later the
witness said he heard Mr.. Murphy
groan.
Cross-examined by Mr.. Lyman. the
witness said there were no warning
rails or fencing around the ditch.
Questioned by Mr.. Lyman the wit
ness declared there we're no safe
guards about the hole in which Mi
Murphy was working.
Frederick Rakcl. an Italian, em-
ployod by the Wilmington Gas Com
many. was next called by the prosecu-
tion. He said he saw the automobile
approaching the hole and kept ms
eve on il all the t&me." Mr.. Murphy
according TO the witness was shov
cling dirt at the time he was struck
The witness proved most unsausfac
tory because of his manner on the
stand. and was repeatedly rebuked by
the court.
,riob,,1 cniror ,yho succeedc,
Rakel on the stand failed TO add NOR
than one bit Of material evidence t
the testimony already taken. Tn
most important feature of Mr. Sprer'
testimony was his statement that tn
truck driven by the defendant wa
running between ten and fifteen mile
an hour the first figure being NOR
nearly correct He said nc reached
Mr. Murphy after the accident am
found the right front wheel OF TN
truck resting on Mr.. Murphy's ches'
Norris Altman gave important tes
timony concerning the depth oi IN
hole and work which Mr.. MuIph.
was doing at the time he was killed
Mr.. Altman said he was watching MI
Murphy from his store al the south
east corner of Second and Orang
streets. and was only few feet ava
from the ditch in which Mr. Murph
was working.
simon Spirer's evidence was alon
like line.
This was the only testimony heard.
Coroner Springs jury passed ON ia
case last night, returning the follow
ing verdict .
John Murphy came TO his death a
the Delaware Hospital, in the city @
Wilmington. Delaware. on Saturday
december II. at about 1915 o'clock
m from the effects of a fracture
sl,nu. the result of being struck by a
automobile i'm the neighborhOOd q
second and Orange streets. in sal
citv. the said automobile having bee
carelessly driven by one George W
Hogan. colored.'
Thomas Alahan, am cmploye ot u
Wilmington Gas Company, VINO WI
working near the trench at Second al
nranoe streets when Mr.. Murphy vi
killed. was the first witness He sa
he did not see the automobile truck UNI
il swcrvcd aromu the corner
Nahan was working about 20 VAR
from Mr.. Murphy and while he hen
someone yelling hc was not sure VINO
was,
Hogan the chauffeur, said he WI
hound down Orange street from lhi
street and did not see the pile oi di
beside the trench as Others had
chauffeur said he made wide swl
with his car and he did not see al
lirt or MIR. Murphy until the wheel
MS machine went down the embankme
md struck Mr.. Murphy.
He said he helped TO move Il
machine and get Mr.. Murphy out
the trench. The latter was taken
the Delaware Hospital in the autom
bile fire apparatus of the Fame Ho
Company He said he then dro'
off to the police station, where he +
ported the accident. The wines
when asked by the jury, stated he h'
driven a motor apparatus OF and
the last time for eight months, al
one time prior for six months. He sa
he had worked for Mr.. Mullen b
tween 16 and II years. He state
upon being questioned. that he w
properly licensed 10 run machir
but when asked for the license d
not have il with him, nor could
remember the number of the same.
Richard 5. Rodney, representa-
the firm of Salisbury. Morris al
Rodney. was present at the inque
on behalf of the family Of Mr.. Murpf
TO LAUNCH BARGE
4 'arrc h3vg4 now under construct
az $50 pleai Of the Aucriean Car a