Putnam patriot. [volume] (Putnam, Conn.) 1872-1962, 1915-09-24
MANSLAUGHTER CASE
COmes to Sndden End Aiter Sac Rests
Case is NoIIed by State'e Altorney.

charged with mRnslaughter was COM
menced to jury in the Superior court.
The charge against sKenehan resulted
from an accident that occurred in the
town of Brooklyn, last Memorial day
morning, when kenehan, riding mo-
lorcycle rover a course where motor
cycle races were to be.held ran down
WASHES I. Tsakonas, aged 4. The
child died within a few hours from the
injuries received.
Witnesses for the state were under
examination all day Thursday and
Tuesday morning, giving various ties.
and speed of the rider as observed by
each.
Tuesday afternoon there was an
abrupt eOding of the hearing when
States Attorney Charles +. Searls
nolled the case, explaining TIC the
court his reasons for SO doing.
The state resumed the laying in Of
evidence Tuesday morning and con.
cluded its side of the case soon after
noon. AT this point the jury was tenn
porarily dismissed Attorney Cos
grove, chief counsel for the defendant,
then making a motion that the court
direct verdict of not guilty on the
ground that the state had failed to
make out prima facie case.
1t does not seem, said Mr.. Gosgrove,
that the state has made out or estab
lished that there. is warrant to hold
Kenehan for manslaughter, nor has
that Kenehan was violating law of
the state. There is no evidence of Gull
pable,negligence on kenehans part.
Whether rightly or wrongly, legally
or Illegally, there was general under
standing that races were TO be held on
that part of the highway on the morn
ing of the accident, eontinuedsM Cos
grove, and having that in mind it is
presumed the people would exercise
more than ordinary caution. This
fact would also have its effect on Ken
ahan's state of mind, although il is
not admitted thereby that he was driv-
ing reck lessly at high speed or without
caution. He could not be charged
with anytget in.my- path at-yonr-own-
peril attitude. Races were to be held
and he was in a measure justified in
believing that people would exercise
extra care in crossing the highway.
There has been no testimony, Mr..
Cosgrove said, that Kenehan had been
driving at specific high rate of speed.
Some people say that 20 miles is high,
Others say 80, more 80 and .still others
fix 60 miles per hour as high rate OF
speed. 1t was not proved by the evil
dence that Kenehan rode as much as
distance of sone eighth of mile at
speed as high as % miles per hour.
Mr.. Searls said the state had no de-
sire to convict an innocent man,
neither did the state claim that the
defendant had intended TO kill the
child. The lease, he said, stands on
the naked proposition as to whether
Kenehan was exercising due care and
caution in accordance with the circum-
stances surrounding the particular
case. The state did not claim that
Kenehan was engaged in an unlawful
act when the accident occurred. The
state did not claim that Kenehan twas
riding recklessly under the circum-
stances the highway,
number of people in the vicinity, ETC.,
and that, therefore, he was guilty OF
culpable negligence.
At this point recess of an hour was
declared.
Immediately court opened after the
recess. Attorney Cosgrove, who was
associated in the defense with Judge
w. f. Woodward OF Danielson, with
drew his motion.
Thereupon Mr.. Searls made stare
ment to the court during the course OF
which he said that during the recess
he had conferred with the attorneys
for the defense; that they had been
very open and frank with him relative
to the evidence they would be able TO
introduce; that after hearing what
they had to say he was convinced they
held the trump cards and that he
would do an injustice TO the state ana
would not further the administration
OF Justice by going further with the
case. He would, therefore, recommend
that il be nolled, which action was
taken.
In his comment, Judge Webb stated
that he felt the state attorney had been
Justified in bringing the case that all
OF the facts surrounding il might be
known and carefully Investigated
Judge Webb eourteously compliment
ed Attorney Cosgroye, rs had the
state attorney, for the able manner in
which ne had conducted the defense
with Judge Woodward and assured
him that he would be welcomed when
ever circumstance might call him
from Rhode Island to appear before
the bar of Windhsm county.