Evening journal., 1914-05-14
COURT Hears HOW
AUTO Killed TOT
Judge Then WithhOldS De-
ciSion in Weldin Case
For One Week
STATE CONTENDS
DRIVER WAS CARELESS

Marie Rodenheiser, daughter of Mr..
and Mrs. Herbert Rodenheiser. of No.
sol Union street, on May 6, was be-
fore City Court today on charge
of manslaughter, and after testimony
had been presented, Judge Church
man deferred decision for one week.
Mr. Weldm was represented by David
j. Reinhardt
The first witness called was Mr..
Rodenheiser, father of the victim. He
testified to her age and name.
Henry c. Johnson said that On
the afternoon of May he was on
the trent porch Of his home, No. All
Union street. and saw two automo-
biles pass the house going north to-
wards Sixth street. A few minutes
4 later he learned one car had carried
the Rodenheiser child away. The cars
were running about eight feet from
the west side Of Union street. He be-
/ leved the car was running about ten
miles an hour. He said two police
officers later tried to convince him
that the car had been running faster
than that speed.
Mrs. Jennie Hayes. of No. 413
Union street, said she was at home
on the afternoon of May 6, and saw
several automobiles pass the house
but did not see the accident. She saw
a crowd and told her husband
George w. Hayes said his atten-
tion had been called to the crowd
that had collected, but he did not see
the child run down.
Mrs. Carrie H. Russell said she
was sitting in her room when she
=aw the child thrown against the
curb but did not see the automobile
Then she saw a young man pick NJ
the child and carry her presumably
to the automobile.
Mrs. Elizabeth Mellon said she saw
two automobiles pass her house and
The one that struck the child was on
the left hand side of the street She
saw the child at a watering trough on
the street and then the child ran IN
front of the second automobile.
When she saw the child was likel!
to be struck by the automobile sh
turned her head and when she lookel
again the child was on the ground
Witness said automobile that ran
down the child was near the left curb
The large automobile. the witnes
said, did not stop.
Mrs. Sarah Rudder, of No. 6O9 Un
ion street, said she was on her pOrcl
frf1r IA
child The automobile was agains
the curb when it struck the ROden
heiser child. Witness saw the chill
! just as it ran in front Of the automc
! bile.
Ralph Wilkinson, who said he wa
standing or ne northwest corner O
/ Fifth and Union streets, on the da
, the child was killed, said he saw tn
automobile strike the child His at
tentiOn was attracted by the horn o
a car that carried New Jersey Ii
, cense. He believed the child and tn
I second automobile met at the curl
The car stopped thirty-five pace
away. The smaller automobile ha
crossed from the right to the left sid
of the street to pass the Jersey cal
which was moving slowly, the wit
ness said.
! Zigmund Wise said he did not Sc
. the child until after she was killed
= The large car was in the middle @
the street at the time. He identifie
! Mr. Weldin as the man who was run
} ming the smaller car
' Police Captain Evans testified tina
Mr. Weldin came to the police static
and gave himself up after runnin
Z down the child. The officer said Wei
, din told him he was following a Ne,
Jersey car and when it had nearl
e stopped he turned his automobile tc
r wards the curb, when the child ra
a in front of the Weldin car. In his el
+ fort to prevent striking the child hi
automobile ran against the curb MI
= Weldin said he took the child to
e hospital and then came to the polio
n station.
With this testimony the State reste,
+ John Smith, Tor the defense. testifio
I that he was in the car with Mr.. Weld
when the child was run down. The ca
, he said was running eight miles an hou
, The child ran i'm front of the New Jei
sey car and then stopped and ran
front of the Weldin car. As soon as NJ
Woldin saw the child, Smith said. Il
turned his car towards the curb an
when the Jersey car slackened its spec
/, Mr. Weldin pulled out TO the left an
they were abreast when the little gi
ran from in front of the Jersey car int
the Weldin car. Smith said the Weldi
s car stopped in its length after hittin
the child.
t Smith denied that the two cars wei
r racing.
I. The defense then rested.
n Judge Churchman asked Assistan
e City Solicitor Lynn if he contended tina
d from the conflicting evidence the dc
/. fendant is guilty of gross negligence q
/. that he had had a gross disregard fo
e the safety of the public. Mr. Lynn r,
It piled that gross negligence had bee
r shown by the testimony. MIR. Lyn
r. said the evidence showed that the d,
+ fendant was trying to pass the Jerse
It car when the child was run down.
Il Mr. Reinhardt said such an argumer
S might apply in a civil action. He sal
II the law allows rate of speed
twelve miles an hour by autos, an
Il therefore Mr.. Weldm was not guilty
l. gross negligence. Mr.. Reinhardt said
e was apparent that Mr.. Weldin had d
s. chance to see the child until the ca
r struck her.
The court tnen held up decision f'
one week.