Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-01-07
RICH GIRL SAILS
OFF;PEDEN FREE;
MRS. MOORE DEAD
Continued from page one)


Brown. came about because the city
attorneys office was afraid that II
could not secure a conviction Of eth
er OF the defendants on the felony
charge 49, ~. g.
r In a statement given the Star Bulle.
ton today, Mr.. Brown said that al noon
yesterday he was informed by the at;
terneys for Miss Spring that she
would be willing TO plead guilty TO
a charge OF furious and needless
driving, and pay such penalty as the
court might see fit to impose. The
guilty plea would be entered, Brown
says he was told. in case the felony
charge against Miss Spring was nolle
pressed; that is, dismissed.
Brown says he informed the attorn.
eys for Miss Spring that he would
accept the plea providing it was en-
tered before tomorrow, at which time
Judge Ashford was to hear argument
on demurrers filed against the indict
ments returned against Miss Spring
and DR.. Peden. ...... 49,. -..~.
Denied Intent to Dismiss. -.
DR. Peden ande Miss Spring were
scheduled to plead to the indictments
last Wednesday. The demurrers were
filed at that time and the date set
for argument. Prior to that report
to the effect that the city attorneys of
fee would dismiss the Spring-P eden
case was emphaticaIly denied by Dep.
uty City Attorney Cristy, who said
that his office had no intention of TAX.
ing such action. ~
Regarding the dismissal of the felo-
ny charge against Peden. Attorney
Brown says that under a charge OF
failing to assist persons injured by
an automobile, the driver OF the ma.
chine as well as the occupants of the
car may be held liable, but when the
charge is that of furious and needless
driving only the driver is held re-
sponsible s. *tts~ r. T.
From this statement it is intimated
that Mrs. Moore came to her death as
a result of the furious and needless
driving of an automobile by Miss
Spring, and that Dr. Peden, who was
only an occupant of the machine, is
not liable. ....s..-~..:~s ..s.~
"No Chance of Conviction"
II did not believe that there was
even possibility of a conviction I'M
der the felony charge" says Brown.
Il don't think that, had they been con-
victed, the sentence would have car
ried a term of Imprisonment And
when ! realized that we could secure
a plea of guilty from Miss Spring
on a charge of furious and needless
driving, | considered that would be
far better than taking the chances of
an acquittal by trial jury.
1T is true that the maximum fine
under the felony charge is $1,000, while
that for needless driving is only $780,"
Brown called attention to the recent
case of a sailor who, while driving an
ran down and seriously in
jured colored soldier. The sailor
pleaded guilty and was fined only SIS
by Judge Ashford, Brown added.
Miss Spring was driving the car at
the time of the accident, and Peden's
case was dismissed because he and
Miss Spring could not have been driv-
ing the machine at the same time,
says Brown. r.T
II Is True lndC MIS-. moore died. as
the result of injuries received on the
night OF the accident" says Brown,
but The only evidence of any bruise
en- her body from coming into contact
with the automobile was a lsIight
bruise on the left hip"
Hit Head on Ground.
Brown holds that the machine did
bot strike her on the head; that she
probably received the skull fracture
from striking the ground after being
hit. ~ ~. ..s~...t ..~
The case against Miss Spring was
,olle pressed in Judge Ashford's court
shortly after recess had been taken
IN a trial now going on there, which
was about five minutes after o'clock.
Upon the bringing of the charge of
furious and needless driving, Brown
says that he urged the court to inflict
lie maximum penalty, as Miss Spring
had received from the prosecution all
the. leniency she was entitled to.
Mrs. Moore died a week ago last
Monday, few days following the &C.
cident, which occurred on upper Nuu.
anu street. ans