The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1916-04-07
Defense OF SOPER
Be THAT HE TRIED
ITO AVERT ACCIDENT
win AIIeue He Didn't Stop After
Hitting Latimer, Because
He Feared HoId-up.
VARIED VIEWS ON SPEED

Following a late session which ended
at 10 o'clock last night. the trial of
william o. Soper In the circuit court
for Montgomery county at Rockville In
connection with the death of Harry A.
2 Latimer at Drummond last November.
Z was resumed this morning. The States
, case, It Is expected will be completed
some time today
II IL understood that the chief con-
tontion Of the defense will be that Soper
made every effort to avoid the accl-
dent after he saw Latimer step In
front Of his machine. An attempt Will
be mad, to Justify him in not waiting to
investigate. on the ground that he
thought he was being held up.
The matter OF Latlmers alleged con-
tributory negligence In stepping back
In frort ot'the automobile after he had
crossed the road also Will he gone into
at length. This Is indicated by feel
Nrs" Attorneys John a. Garrett and, Leo
winebcrg, are putting out during their
cross-examinations OF the States wit
, nessaa
May Call Dozen Witnesses.
Indications are that the defense will
us' the testimony Of AS many as a
dozen witnesses.
Following testimony that I.atlmer's
death resulted from being struck by the
automobile, given by Ora, William II.
,Moulden and BENJAMIN @. Poole, direct
testimony of events Immediately sur
rounding the accident was heard
ThG phvsical surroundings were ex-
planned bv Ernest Offutt. county sur
veyor fcr MONTGOMERY county. who pre-
pared n plat showing the car tracks In
relation to the highway at Drummond
station. and the exact location Of the
accident based on testimony OF eye
Witnesses.
With the aid of the Mat. and PHOTO,
graphs Of Drummond citation prepared
by the t8tc's attorney. two colored
men who got off the street car with
Latimer and hc!peG carry him to Il doc
tor after he was struck, explained the
Immediate eli cumstHutcS OF the acct
dent
Heard Machine on Tracks.
Both witnesses denied secing tire au-
tcmobhe ST. TX" Latinler. hut testified
thst they heard II humping alorg the
ends of the ties nn the track: when
Soper sweiN ed II avid hitting I.atimer.
These two witnesses. William II. Scott
and Henry Hail, stop cd passing ru-
tcmoDilc. thv driver at Which clrried
the injured ran to Dr.. MoLDdcns resi-
dence.
The only CHER witnesses who saw the
accident were All rey Bosfey and Rob.
ert Beatty two high school h, VI, who
were w,lkinE along the Rockville pike
near Drummonu md were ,.ttractcd -
inc spot by seeing the automobile /
swcrvc uD onto Tie car trrchs
rhey had seen a figure cross In front
OF The fright headlights cf The au.omo
nile. When they reached the station
ihey round the two colored men bend
ing over tho unconscious form OF Lati-
mer, assisted IN stopping the passing
automooile and accompanied i! to the
doctors.
More or loss futile efforts were made
by both sides to establish, upon the tes-
timony OF State witnesses the speed the
3utomobile was going when II struck
Latimer.
The colored men and the two boys
who saw 1t approaching. and the motor
men on two cars II passed while they
Were standing on siding near Drum |
mond' were called upon to estimate the |
speed.
All six seemed to agree that the au-
tomobiie was going fast" rather than |
SLOW" but none would make a more |
accurate estimate of the speed.
Motormen Raymond r. Harris and
70. l.. Harris said the automobile "whiz- |
zed" by them, and that its speed ~ g |
what attracted their attention to II. but |
miles per hour.
Their testimony as we'll as that of
several other witnesses was used to de- |
termine how well the road In the yicln- |
ity Is lighted.
Sheriff on Stand.
Peyton Whelan. who was sheriff of
Montgomery county. when the accident
occurred. and who made the investiga-
ton that resulted in Soper's arrest a few
days afterward. was the last witness to
take the stand last night.
He recounted his efforts to locate the
driver OF the automobile truck and how
they terminated in confession" from |
Soper.
The latter was made in the presence
or Lieut.. James l.. Giles, Of the WASH
ington police force. and Deputy Sheriff |
The latter also examined Spper's au-
tomobile the same night they interro- |
gated him, and found The left front fea- !
der bent. they testified. He told them, |
they stated. that the automobile they
saw was the one he was driving on the !
night OF the accident. 49,
soper's confession as related by |