The Bridgeport evening farmer., 1914-07-28
.SlEMON IS FREED FROM STAIN OF
 MANSLA AUGHT TER
Continued from Page l.,

one John DeAdartino, and causing his death thereby.
 On the preliminary examination, it is for the committing magistrate to hear the testimony of the witnesses for the prosecution and for the ac- cueed. and to commit the accused or hold him to bail if the evidence shows probable cause to believe him guilty of the offense charged, or to discharge him if the evidence does not show probable cause; and the question of probable cause is for the magistrate alone
 Probable cause Is the existence of such facts and circumstances aswos1ld to believe the accused person had committed the crime charged.
 The facts presented to the court aIe in brief as follows:
 On October 2s. 1190. between 2 and 7:S0 o'clock in the evepdng, the Fairfield avenue, in Bridgeport, in westerly direction on tne right side of the street
 As he approached the corner of CSr0ve street and Fairfield avenue, he observed the deceased standing on the curb at the northwest corner Of said streets
 Upon reaching a point opposite the deceased, he saw the deceased step into the street, directly in the path of the automobile.
 He iHnmedfately caused the autorno- bile to turn to the left in order to avoid a collision with the deceased, and then to the right to regain his for n1er position on the right side of the street.
 During the operation of turning, the autonobile struck and killed the de- ceased.
 Aranslauxhter is the unlawful lzall-  or implied. and is subdzvided into vol untzrY and involuntary manslaughter.
 Voluntary manslaughter is the kil1- ing of another intentionally but In Sudden heat of passion due to ads puate provocation. and not with mall ice.
 Involuntary rnansHaughter is the killing of another without malice and tEnlntentionally, but in doing some unla wful act. not amounting to a fel- ony or naturally tending to cause death or great bodily harm. or i'm neg ligently doing some act lawful in it. selfs or by the negligent omission to perform a legal duty.
 This accused is charged with invol- untary marslaughter by the doing of an unlawful act. to-wit. wantony and reck2essIy driving a. certain automo- bile upon the body of John DaAGar- tino.
 The statute in reference to the oper- ation Of motor vehicles provides that: No person shah operate a motor ve- hicle on the public highways of this state reclZlessly, or at a rate of speed having regard to the width, traffic and use of the highway. or so as to endanger the property or the life or limb of any person.
 One who wtlfully drives an automo- bile in a public street of this state at a rate Of speed or in a manner ex- pressly forbidden by statute, and thereby causes the death of another, or one who, with reckless disregard for the safety of others, so negligently drives an automobile in a public street as to cause the death of an other is guilty of criminal homicide.
 The fact that the deceased met his death as g. result of having been struck by an automobile driven by the accused does not of itself make the accused crirninally liable upon a charge of homicide
 The manner in which the ,automo- bile was operated by the accused at mine his liability of non-liability
 The important questions to be de- termined are, therefore:
 l. Did the accused gvi1fu1ly drive his automobile at a rate of speed or in 3. manner expressly forbidden by atute?
 g. Did the accused, with reckless disregard for the safety of others, neg1igently drive his a.utomobiIe2
 The testimony of the witnesses of fered by the state upon the question of speed does not materially differ from the testimony of the witnesses offered by the defense.
 Charles A. Wade, the. first. witness for the state, testified upon this point as follows:
 Page 12. e. what, in your judg- ment, was the speed of the car? IA. That I couldn't say.
 c. Your best jtadgment2 A. I am no judge of that and honestly I could not say.
 e. Can't you judge speed at all? A. tell you I couldn't Judge of speed Moving along a. little fast and waited and let them go by.
 Gustave A Peterson, who was at field avenue, testified in reference to the speed of the auto, after the acci- dent, as it passed ElrnWood Place, one block west Of Grove street. as fol- lows:
 Page 30. Q. How fast, in your passed you2 A don't know. don't understand that
 c. Have you got any ideae A. T don't know.
 .. Can't you give us your best opinion on it? A. Well, I should think might be 25 mile
 O. How much? A. 25 mile an hour.
 @. 25 miles an hour2 A. T can't say.
 On oss-examination he testified as follows:
 Page 30. e Mr. Peterson. you say you don't know how fast the car was going, and you say it might have been 25 miles an hour That is a guess on your part? A. Yes
 O. Isn't itR A. Yes
 @. Might have been 2G2 A. We'll
 o. I say somewhere between 15 and 202 A. Yes.
 o. what2 A. Yes. might be
 @. Might have been IS to 20? A Quite fast, see that.
 O. We'll, you are estimating the