The Barre daily times. (Barre, Vt.) 1897-1959, 1915-11-24
DESPITE THE PLEAS OF
MANS ATTORNEYS
Mortified Autoist Was Con-
victed Of Manslaughter in
Death of C. N. French

French on the Barre Montpelier roau oh
April "a, 1915, by reason OF negligent ana
careless driving of an automobile, was
fined 81 900 and ordered to pay SlS6.oz
costs OF prosecution to-day by Judge y. H.
Waterman. The law provides sentence
of not more than 20 years Imprisonment
or a fine of not more than $1,000. In
pronouncing sentence, Judge Waterman
stated that he did not wish to have It
understood by the public or by automo-
bilists that it was to be taken as
precedent but as warning.
He mentioned the fact that this was
the first case OF its kind to be tried IN
this section of the state and he desired
to have the best results from the SEN
tence and to have the public understand
that the reckless driving Of automobiles
will no longer be endured, and IN the
future persons guilty OF negligent driving
might understand that they faced a
prison sentence and not the intliction oil
fine, The case was not tried on the
allegation that the respondent committed
manslanghter with intent but that the
ofTense was the result of negligent driv-
ing, When it comes to the question Oh
sentence, said Judge Waterman, the com
bination Of the circumstances at the time
must be taken into consideration.
states Attorney Gleason briefly stated
that in view Of the situation he felt war
ranted in asking for the imposing OF
prison sentence rather than i1ne and
that he did not feel that fine would be
sufficient.
J. Ward Carver, counsel for the re-
spondent, expressed his surprise at the
attitude taken by the states attorney
and did not think il fair TO the respond
emf. IL was the first time he had ever
publicly made that statement. He called
attention to the behavior of the respond
ent at the time Of the accident and all
through the trial and thought kabidou
should receive consideration for not run.
ming away. The element of bad luck
entered into the accident. He believed
substantial fine would be sufficient notice
to the public of the danger OF operating
an automobile in such manner that the
safety of the public was endangered.
Congressman Frank Plumley iol-
lowed up his colleagues argument by
stating that he was present not only as
a legal representative Of the respondent
hut as personal friend and a representa-
tive of the com munity in which they re-
sided. He introduced many petitions
from organizations and individuals IN
Mortified. all asking for elemency for the
respondent. Petitions were introduced
from the following; All but two members
of Commercial Club of Mortified, rector
Of Episcopal church, former president and
four professors and dean Of Norwich uni
versitv. Mortified Trust Co., Northheld
Savings bank. including signature OF
Senator Cady, direct0s OF Northheia
public schools. Northield National bank
trustees OF village of Northfield. Dr. w
IL. MAYO. chairman, selectmen and officers
Of the village. directors and members OF
Commercial club excepting the president
Mr. Rabidou.
Attorney Plumley asserted that the
RESPONDENT was convicted through sue
eession Of IN luck. that be stood before
the iurv az a man not negligent In the
broad sense Of the word, but because he
was within the incorporated limits ot a
city when the fatality occurred. lie be
heved the law regulating the speed with
in city limits was intended 90 protect the
thickiv populated sections and the stat
ute 4 not regarded a. being intended 10
regulate the speed of automobiles to ten
miles an hour In the outskirts.
He believed that II = man was 20 be
measured by his acts and not BY charae-
ter that il is not a recognition Of manly
aefs hut n suggestion 10 weak man
where integrity Is lacking that be must
Gee following the committing Of such an
act
IFe asEea. n the name of the law. IN
de lesf interest of the state. in tire ne me-
81 TIE state ~ cltizen anxious t1at tie
law D. olsevp4. that the court exerrtse
that privilege given and that ciemenfN ~
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