The Sun. [volume] (Price, Utah) 1915-1932, 1915-12-31
GESAS HELD TO
DISTRICT COURT
CHARGE ~ THAT OF INvOLuN-
TARY MANsLAUGITEU.
salt Lake city Magistrate Holds That
Sufficient Caution Was Not Excr-
ciscd By the Young Man Being Held
For the Death OF Two Persons
Bond Fixed At thousand Dollars.

Jesse 0csas. charged with involun-
mry granddaughter In connection with /
thu death. November 18th. last month.
81 Edward l.. Davies. ~ the result OF
an automobile accident. WAS last Fri |
day nt salt Lake city held to the dis
tri,t court Tor trial az the conclusion |
nf tho arguments On the motion for
dirminsui before Justice uf tho Peace |
MnrtiuoHu. GcHuH WnF the driver of |
the automobile which ON the night uf
No,vtiher igth struck and fatally In
iurcd Davies aud Miss GLADYS Mitch
ell. his fiancec. Testimony In the
preliminary hearing on the man
slaughter charge was taken four
weeks ago. but argument on the mo-
ton Tor dismissal was not had until
; iday. II was admitted by both state
aud defendant that the question of the
liability OF Gcsas rested upon the issue
as to whether his lawful" act In
driving the ear was done In an "un-
lawful" manner.
sorcn y Christensen. who appear
cd Tor Oosas argued, Ia support OF
IN, motion for dismissing the COM
plnint, that the defendant was doing
a lawful act In "a lawful manner and
that the unfortunate result of the nc-
cident that cost two human lives was
due o. unforeseen circumstances and
O. careleasncEs on the part OF the VIE
tins. who were. he believed. so en-
crossed Ia each others company that
they were obliyiouH at all danger and
did not take ordinary precautions to
avoid being struck.
Paced the Consequences.
Attorney Christensen held that Ge-
saE was driving at reasonable rate
of speed. that he was on the proper
side of the ear track. that he did not
pass the car while II was standing
still. and that he had no notice that
the victims would step out from be-
hind the moving ear and collide with
the automobile In their attempt 90
cross the street. lie said that had
Gesas chosen 90 have run away IL was
a grave question whether or not he
could ever have been connected di-
rectly with the accident.
I Harold NJ. stephens assistant coun-
~ attorney opposing the motion for
dismissal aud urging the holding OF
Gesas "a the district court, declared
d that the evidence clearly showed that
I the defendant. had he been acting Ia
la lawful manner, could not have
| caused the tragic accident. lie said
| that n Gesas was driving his auto
mobile 80 close To the street ear that
| he struck the victims az soon as they
stepped from the rear then il was his
duty 60 be driving So slowly that the
auto could bee stopped Immediately,
spccd Was Unreasonable.
o. Gesas was driving a considerable
distance from the side az the car. con-
tended stephens. then il was his duty
90 have seen Davies and Miss Mitchell
in time to avoid striking them. He
said the evidence showed that Gesas
was driving az more than twenty miles
an hour, an unreasonable rate OF
speed, considering the narrow street
and the dark night, and was not act
ms with due care, caution ana regard
Tor the safety of life.
Al the conclusion OF the arguments
Judge Martineau overruled the mo-
ton for dismissal of the complaint
and ordered Gesas held for trial 20
the district court. The defendant has,
. since few days after his arrest. been
} ~ liberty under a bond OF thousand
dollars. The penalty for Involuntary
manslaughter Is imprisonment for not
more than one year, or fine OF not
more than one thousand dollars.
Jesse Gesas Is "a son OF Mr.. and Mrs.
Harry Gesas. the former proprietor OF
the Kentucky Liquor House at Price,
and Is well known locally, as are also
his parents and other near relatives
The termination OF the case will be
watched with unusual interest locally
by friends OF the family and the
! young man who are numerous.
. Carbon papers and typewriter sup
/ nliaa The Qaaa a a.,t