The evening world. [volume] (New York, N.Y.) 1887-1931, 1917-01-31
MAYOR INDICATED
BY COURT IN FIGHT
OVER AUTO CRASH
Mitchel's Story Of Collision
With Sheriff. Car Accepted
and Latter's Driver Fined.
GETS MAXIMUM PENALTY
Mayor Hints Head Of Froh-
man Corporation Sought
Some Free Publicity.
GETS MAXIMUM PENALTY

Mayor Mitchell was vindioatei to-
lay In the Traffic Court by Magistrate
Appleton in the controversy as To
veracity with William l.. Sheriff.,
President OF the Frohman Amusement
Corporation. Mr.. Sherrili's chauffeur,
Patrick J. Dowd. was fned $40 for
operating an automobile recklessly
and endnngering lives and property.
This Is the maximum hne.
The decision upholds the Mayors
asnertion that on the nirht OF Jan.
g. Dowd, driving Mr.. Sherrill's car,
ran It lnnto Ca In which the Mayor,
Mrs. Mitchell. Mrs. w X. Vanderbilt
ir., Mrs. Joseph Thomas and Public
Service Commissioner Hayward were
/. riding The lives Of his guests were
Nndangered. the Mayor said. and he
80 maintained ON the witness stand
to-day, Neither Mrs. Mitchell. Mrs
Vanderbilt, nor Mrs. Thomas was In
court
Magistrate appleton. In announcing
his decision. said he did not believe
tho defendant. Dowd. told the truth
on the witness stand. but that Mr
Sheriff. and other witnesses for Dowd
'old the truth as they saw H. All they
knew about the accident was what
Dowd had told them.
Mayor Mitchell was represented in
court by counsel, Ernest T.. Baldwin.
MIR. Sherrill's lawyer was Addison \.
Pratt. who was aggressive enough
when cross examining the Mayors
chauffeur. Larkin. but not aggressive
at all when cross examining the
Mayor Magistrate Appleton advised
Mr Pratt TO go at the Mayor the
same as he would 40 at any witness.
but MIR. Pratt persisted IN discretion.
Mayor Mitchell. IN answer 20 qucs-
tons put by Mr.. Pratt. declared no
has driven automobiles at from fifty
to seventy-five miles an hour. but
Mr.. Pratt did not bring out whether
this speed was achieved on city
streets.
In substance the Mayor said
that, as his chauffeur was turning his
car west into Fffty-seventh Street
from Sixth Avenue. Mr.. Sherrilrs car,
approaching from the south. in tho
northbound car tracks. at thirty-five
miles an hour. collided with his car,
ana only the expert driving OF the
Mayors chauffeur prevented a posi-
ble fatal accident.
Mayor Mitchell intimated he thought
Mr.. Sheriff. had seized on the oppor-
tunity~ 10 promote some free pub
licity. In the course OF the Mayurs
examination It was brought out that
while his chauffeur had been operat-
ing automobiles In New York for
sixteen years and had never been
arrested or charged with violation
of traffic rules. Dowd, Mr.. Sherrills
chauffeur, with only two years OF
actual driving. has been arraigned
three times In n Magistrates or Traf.
hc Court on charges Of violating the
traffic laws.
Dowd, as witness. insisted tha'
the Mayors car. turning to the lef
without warning. ran into his car
Mr.. Sheriff.. when cross examined b,
Mr.. Baldwin. admitted he did no
have actual observation knowledg,
OF the accident but based his let
ter TO Mayor Mitchell on logical con
.lusions." He was circumspect ant
explanatory IN mis- evidence concern.
ing the alleged use by the Mayor o.
his official power In directing po
lceman TO make an arrest
81 think" said Mr.. Sheriff.. "tha
the Mayor told the policeman u
arrest my chauffeur and carry hin
OF TO jail and ] am quite sure tina
when the policeman asked the Mayo
who he was the Mayor said In IN,
name OF the Mayor OF New York
order you 20 arrest this man."
Mr.. Sheriff. asked the permission
OF the Court TO tell what was on hi
mind about the action OF Mayo
Mitchell Magistrate Appleton tol,
him he could tell only what he saw
and heard at the time OF the accident
Col. Hayward corroborated Mayo
Mitchel's version OF tho collision an,
j II. schwartz corrobOrated Mr. Shcr
rill. The cross examination OF Nj
Sheriff. established that IA pretty in
dustrious detective has been delvin
into his past. He testified that n
was bond and securities salesma
before he vent into the moving pic
ture business three years ago an
subsequently became connected wit
the frohndn Amusement Corporation