Evening journal., 1916-01-10
auto homicide Case
DROPPED BY STATE
Unable TO Prove That Driver
Ran Down W. S. Mat
chett While intoxicated
WIDOW TO RECEIVE
HER DAMAGE CLAIM

Acknowledgement Josiah o. WolcOtt
in the Court Of oyer and Terminer
today entered a nolle prosequi in the
case Of the state VS.. William e. Voor-
hees, prominent member Of Kennett
Square. Mr. Voorhees, was indicted
for the manslaughter of William
II. Natchett, OF Wilmington, who was
run down by Mr.. Voorhees, automo-
bile on the Kennett turnpike and
died from the injuries received. The
order was made. Voorhees, viii pay
damages to Mrs. Matchett. the widow,
for the death of her husband.
Attorney General Wolcott, in enter
ing a nolle prosequi in fthe case
said:
Il feel that / should make a public
statement setting forth my reasons
for so doing, lest drivers of autOmo-
biles may gather a false impression
therefrom. When Mr.. Matchett. the
deceased, was struck by an automo-
bile and killed, l am frank to say
it seemed to me a most fragrant case.
Investigation produced evidence suih
cient to my mind to establish the fact
that the defendant was the driver of
the automobile. Enough evidence,
which is circumstantial, was uncOy-
cred to create the first impression in
my mind that the defendant was in
toxicated when this unfortunate oc
currence took place. Feeling thus
about it. I was determined to prose-
cute him as vigorously as ! could, to
tn end as well that he might be ade-
quately punished as that drivers Of
automobiles, might, from his eXper-
ience, know that the law will lay its
rod on any man who indulged the
dangerous practice Of mixing his
drinks with his gasoline The indict-
ment was accordingly found.
"Since then the case has caused me
much disturbance of mind, for as all
the circumstances connected with the
defendant and the accident we're more
minutely revealed. I began to serious
" doubt whether my first impression
was correct. This first impression
was based on the failure of the de-
fendaut TO stop his car and render
assistance TO the injured. the char
acter of the cars tracks after the ac-
cident the strange and abnormal con
duct of the defendant after the acci-
dent on two occasions when his car
was stopped by the side of the road
the smell OF intoXicants on his breath
which one witness testified TO, and the
failure of the defendant TO produce
the hat Of the deceased found on the
car. Several witnesses for the State
saw the defendant shortly after the
accident. and while their testimony
showed him to be off normal, none
would positively testify that he was
intoxicated. The States evidence
tending to establish intOXication was
therefore eircumstantial.
witnesses at the scene of the ac'
cident testified that in their judgment
the car was running at a moderate
speed, about twenty miles an hour
maybe a little more. AT at events
il was clear from testimony that the
State could not SHOW a dangerous OF
unlawful speed.
"The States case, therefore. rests
entirely upon the proposition that de-
fendant was intoxicated. II this could
not be made out beyond reasonable
doubt. the case must fail Since in
dictment 4 havye learned that defend
at. while he admitted having had two
drinks, at dinner. about $50 p. m
(the accident occurring at about
D. M, claimed he was not intoNl-
Gated He claimed to have no knowl-
edge Of hitting a man. He did not
deny strange and queer conduct MOI
did he admit it, claiming that at about
the first toll gate (which is just be-
fore the scene OF the accident) he was
taken with an illess that has FIRE.
quenily affected him ever since he had
severe typhoid sickness. and that
this illness brings on a vertigo and
confusion of mind such as to render
his only semi-conscious Of what Is
going on. so that he admits, so far a:
he knows, the events may have trans.
rired as Witnesses say.
This at first did not seem to me a
credible contention. and did not pay
much heed to it. Most estimable
people. however. Of Kennett Square
and vicinity. either wrote or saw me
about this man and gave him such an
excellent reputation FOR sobriety that