The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-07-16
BLESSING FREED
FROM CHARGE OF
MAhSLAUGHTER
But Is Made Defendant in $4,000
Damage Suit
FOR KILLING DANF0RIH CHILD
Municipal Judge e. n. Holden Says
Evidence Failed to Show crIml-
nal Negligence

Isaac H. Blessing of Syracuse. N
Y, whose automobile ran over and
killed Jane Danforth, the 3-year-old
daughter of Mr.. and Mrs. Charles
Danforth OF East rupert Monday af-
ternoon, was given a hearing before
Judge T.. II. Holden of the municipal
court this morning and discharged
Immediately aftec his discharge by
Judge Holden, Blessing was served
with a warrant by Deputy Norcross
of Dorset in a civil suit brought by
the father of the dead child in which
the damages are placed at $4,000. T.
w. Maloney of Rutland appears for
the plaintiff. 1t is believed that the
defendant in the suit will furnish a
bond provided by liability insurance
company.
Four Witnesses were examined.
Charles Danforth, the father of the
| child; Oliver Danforth, grandfather
OF the victim; Byron Danforth, the
little girls 12-yearold brother and
Charles Perkins. Blessing was sworn
as the last witness and told his story
of the accident in response to quest
ions by his counsel, Frank c. Archl
bald of Manchester.
The father of the child testified
that he was engaged in loading hay
in meadow adjoining and in plain
sight of the highway at the time Of
the accident which he placed at
about o'clock. He heard the auto
mobile coming, for about so rods
from the house is bridge with loose
planks and passing automobiles make
noise that can be heard some dis
lance when passing over the bridge.
The witness testified that he saw the
automobile strike the child, that he
jumped from the load of hay. ran to
the scene of the accident and picked
up and carried the body of his daught-
er into the house. He stated that the
automobile was running over 30, per-
haps 40 miles an hour. When cross
examined by Frank c. Archibald,
counsel for the respondent. the wit
ness stated that he had ridden in au-
tomobiles running 80 and 40 miles an
hour Asked how he knew they
were running at that rate he replied
that he looked at the speedometer."
Oliver Danforth, grandfather of the
child, testified that he was at work
in the meadow With his son at tim
time OF the accident but that he was
on the opposite side of the load of
hay and did not see the automobile
hit the child. He testified that he
had examined the track of the auto
mobile and that il turned away from
the highway beginning near the point
where the car hit the child.
Byron Danforth. the 12-year-old
brother Of the little girl. testified
that he was in the meadow with his
father and grandfather but not so
near the scene OF the accident as the
parent and grandparent. He believed
the automobile was going at the rate
of 80 miles an hour
Charles Perkins of Rupert testified
that he was riding on the rear end
OF a load of gravel near the Danforth
home on the day of the accident and
that he saw the automobile hit the
child. He testified that the car was
running between is and % miles an
hour.
MIR. Blessing was sworn and ex-
a. h.. e-I
that he was a typewriter machinest.
81 years OF age, and that he had lived
in Syracuse between and years.
He purchased the automobile that
figured in the accident year ago
last May and had run il in all about
5000 miles. On the day of the acct
dent il operated perfectly so far as
he could determine. lie testified that
he saw the little girl who was ac-
companied by brother. seven years
old. running in the field toward the
highway. that the children went
through the fence without stopping
and that when he saw that they
we're determined to cross ahead of
the car he threw on the brake
and turned sharply to avoid the Girl
who was ahead. When the car was
about Is feet away the little girl
stumbled and fell Had il not been
for the fall the child would have es-
capped the wheel. Mr. Blessing stated
he left Pittsfeld in the morning and
that he had dinner at Manchester,
CONTINUED on Third PageD