The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-12-11

JURY HEARS CASE
Of FRED WILDER
Charged with Driving Auto
in Careless and Neg
ligent Manner
INJURED COUPLE
ON MAPLE STREET
Car Struck L. A. Howard of East North
field, Pushing Him Against Memorial
Hospital Nurse, Who Was Thrown
Down Bank.

Down Bank.
Judge A. +. Cudworth and jury heard
the case of the State against Fred Wilder
in the municipal court today and evil
dcnce, much of which hinged on the width
OF road, was submitted by both sides.
Wilder is charged with operating an auto
mobile in a careless and negligent man
ner and committing a breach OF the peace
II is alleged by the state that on Sun
dav afternoon, Nov I, while driving on
Maple street near the Austine lnstitu-
ton he struck l.. 4. Howard of East
Mortified. iniuring him slightly and
throwing him with such violence against
his companion, Miss Elvina Malloy, a
student nurse ut the Memorial hospital,
that she was knocked over Il small EN-
bankment at one side Of the road and IN
ured. States Attorney W. II. Daley APP
peared for the state and Attorney \. F..
Schwenk represented Wilder.
Or. Winfrcd II. Lane, Mary T. Shields
superintendent Of the Memorial hospital
Mr.. Howard Miss Maloy. Charles g.
Holden and Attorney \. Y. ID. Piper were
witnesses for the prosecution.
MIR. Howard and Miss Malloy stated
that thcy were walking on the right hand
side of Maple street in the direction OF
West Brattlcboro when their attention
IVA, called To the approaching automobile
bv it, warning horn. They claimed to
have stepped away sufficiently TO allow
the car To pass. when the rear fender
struck Mr. Howard. Tie received Il cut
on the top Of the scalp and Miss Malloy
suffered injury 10 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
Iwhcn Mr.. Wilder returned to the hospital
with them lie was greatly agitatcd and
/ showed evidences OF having used intoNi-
eating liquor.
Attorney Piper testified rs to the width
1 of the road, he having made measure
ments. and said that in the naTrowest
place it was ID feet, ranging from that
4 TO -, and that there was opportunity for
two machines TO pass at any place. He
also said that he saw a big car turned
around in the narrOwest part.
Mr. Holden was riding in the Ford cal
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 enc
switched because it was lightly weighted
He said that Mr.. Wilder had not beer
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 a
to the width of the road at the poin
where the accident occurred, stating j
to be Is feet.
The respondent was put on the stanC
directly following the noon recess am
, told his version of what happened whel
Mr.. Howard and Miss Malloy We're hi
. by the car which he waS driving II
said that he sounded his horn twice a
soon as he saw them ahead and tina
they were walking arm in arm in tn
middle of the street and did not step S
. far to the right as was possible as tn
!. automobile approached
For his part Mr.. Wilder declared tina
!. he turned a. far to the left in order {
avoid striking them as was possible Will
: out going over into the ditch. He di
!. not realize that Mr. Howard had been h
H until he heard him utter a cry.
II States Attorney Daley made the arg
ments for the state and Judge Schwen
II for the defense. The case went to Il
Il jury for consideration about o'clock.