Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1917-12-14
AUTO DRIVER NOT GUILTY.
Fred Wilder Has Hearing Before Jury
as Result of Injuries to L. A. How
ard and Miss Elvina Malloy.

Judge A. +. Cudworth and jury heard
the case of the State against Fred Wilder
in tho municipal court Tuesday and evil
dence, much of which hinged on the width
of q road, was submitted by both sides.
The verdict of the jury was not guilty.
Wilder was charged with operating
an automobile i'll careless and
negligent manner and committing
q, breach Of the peace. 1t was
alleged by the state that on Sun
day afternoon, Nov. 4, while driving on
Maple street near the Austine Institu
ton, he struck L. A. Howard of East
Mortified, injuring him slightly and
throwing him with such violence against
his companion, Miss Elvina Malloy, a
student nurse at the Memorial hospital,
that she was knocked. over a small en-
bankment at one side of the road and in
jured. States Attorney w. r. Daley APP
peared for the state and Attorney A. +.
Schwenk represented Wilder.
DIR. Winfred II. Lane Mary +. Shields,
superintendent of the Memorial hospital
Mr.. Howard, Miss Malloy, Charles G.
Holden and Attorney A. " d. Piper were
witnesses for the prosecution.
Mr.. Howard and Miss Malloy stated
that they were walking on the right hand
side of Maple street in the direction of
West Brattleboro when their attention
was called to the approaching automobile
by its warning horn. They claimed to
have stepped away sufficiently to allow
the car to pass, when the rear fender
struck Mr.. Howard. He received a cut
on the top of the scalp and Miss Malloy
suffered injury to her right elbow, from
which she has not vet recovered.
Dr. Lane and Miss Shields told of the
injuries to the couple and stated that
when Mr.. Wilder returned to the hospital
with them he was greatly agitated and
showed evidences of having used intoXi-
eating liquor.
Attorney Piper testified as to the width
Of the road, he having made measure
ments, and said that in the narrowest
place il was Is feet, ranging from that
to 80, and that there was opportunity for
two machines to pass at any place. lie
also said that he saw Il big car turned
around in the narrowest part.
Mr.. Holden was riding in the Ford car
operated by Mr.. Wilder and told of the
warning given when Mr.. Howard and
Miss Malloy were seen in the road ahead
On cross examination he said that Mr.
Howard did not step clear to one side and
that as the car passed the rear end
switched because it was lightly weighted
He said that Mr.. Wilder had not been
drinking to his knowledge and showed
no signs of having done so.
On the part of the defense Road Com
missioner A. A. Wallace first testified as
to the width of the road at the point
where the accident occurred, stating it
to be Is feet.
The respondent was put on the stand
directly following the noon recess and
told his version of what happened when
Mr.. Howard and Miss Malloy were hit
by the car which he was driving. He
said that he sounded his horn twice as
soon as he saw them ahead and that
they were walking arm in arm in the
middle of the street and did not step sc
far to the right as was possible az the
automobile approached.
For his part Mr.. Wilder declared that
he turned as far to the left in order tC
avoid striking them as was possible with
out going over into the ditch. He die
not realize that Mr. Howard had been hit
until he heard him utter cry.
States Attorney Daley made the argu
ments for the state and Judge Schwenk
for the defense. The case went to the
jury for consideration about 3 o 'cloc
and they reported in about 10 minutes
Myron F. button and +. II. Miller
of Dummerston; Ernest Thomas, w. G.
Worthy and Everett Gaines of Gull
ford; W. l.. Hunt, A. f.. Merrill, Vale.
Adams, S. F. Abbott. L. F. Ellis, Eu
gene M. Angler and C. Victor Grant OF
Bfattleboro composed the jury.