Every evening, Wilmington daily commercial., 1918-01-29
OWNER OF MOTOR
AND DRIVER PLEAD
GUILTY IN COURT
Former Must Pay Fine of $4,000
and Latter Go to Jail for
Killing Child.
STATE ACCEPTS PLEAS

Albert n. Lewis, of Virginia, and his
colored chauffeur, Herman McDuffy,
were today tried in Oyer and Terminer,
ON the charge of manslaughter IN killing
little Marion Bilhngsley by running her
down on Penny Hill, back in September
last. and lawyers regarded the case as one
of great moment because it would have
been the first to be tried in the United
States where a car owner should lace
court with his chauffeur.
But almost at the last minute, Tor the
sake of humanIty-to save one, and pos
siblv two lives-the case took a sudden
and UNEXPECTED turn when the men were
arraigned this morning. Both, through
their counsel, Philip l.. Garrett and
Andrew c. Gray, changed their pleas OF
not guilty of manslaughter to pleas OF
guilty of involuntary manslaughter.
Mr.. Lewis was sentenced by the court
to paw q fine of $500 and cost of proseci-
ton, and to serve one year IN the work
house. In consideration of his age, he
being II years old, the prison sentence was
RENTED and he was paroled on his own
renognizance for two years.
McDuffy was fined s40O and costs OF
prosecution and sentenced to serve one
year in the workhouse.
changing the pleas of their clients, and
the stand of Attorney-GcneralR Reinhardt
IN declining TO urge prison sentence was
the illness of Mrs. Lewis, wife of the de-
fendant, who IS suffering heart trouble.
A doctor, attending her, avcrred that
there was strong probability that II she
appeared In court, she would die. 1t was
this that prompted Mr.. Lewis attorneys,
Philip l.. Garrett and Andrew &. Gray, to
change their pleas so rs to dispense with q
trial.
II was for the same cause, and because
of Mrs. Lewis age, that Mr.. Reinhardt
did not insist on q jail sentence Tor Ar
Lewis, but rather requested leniency, but
with a substantial fine.
The case WAS one rare in court annals.
II is the fist case of Its kind ever brought
before a Delaware court, and the only
one ever heard in 4 court IN the country.
Within it was the question: Can the
owner of an automobile. sitting In the
machine at the time il strikes n person
while driven by his chauffeur, be held
equally responsible?
Lewis machine, driven by NcDuffy,
and in which he and his wife were riding
IN the back seat. struck and killed little
Marion Billingslcy on September Is
last on Penny Hrli. The victim OF the
accident was a daughter Of John p.
Billingsley, of Bellefonte.
The prosecution contended that the
killing was the result of reckless driving;
that the automobile was travelling between
35 and 80 miles an hour. Counsel for the
defence contended that the car WAS being
driven at lawful rate of speed.
A forceful warning, despite the lenlency
shown the men today, lies behind the
case: Let the owners Of automobiles sec
to If that the speed limit is not violated.
or they viii be before the court and VIII
receive the maximum sentence.
Acknowledgement Reinhardt remarked
on this to the court, and Chief Justice
Pennewill made il more emphatic. II
was brought out that offenders IN the
future will not fare so well rs Lewis and
McDuffy.
1T is the duty Of the court TO impress
il on automobile drivers and owners,
declared Chief Justice PennewlH, stating
that the public must be protected against
reckless driving