Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1918-01-29
court RENTS JAIL
TERM TO SAVE LIFE
Fine Only on II Year Old
A. N. Lewis Whose
Auto Killed Child
CHAUFFEUR GETS
YEAR IN PRISON

For the sake Of humanity-to save
one and maybe two lives-lhe cases OF
Albert n. Lewis. and Herman McDuffy,
the latter a Negro. took a sudden and
unexpected turn when the men were
arralgned IN Court Of oyer ana Ter
miner this morning Both. through
their counsel, Philip L. Garrett and An
drew g. Gray, changed their pleas Of
not guilty Of manslaughter 10 pleas OF
guilty OF Involuntary manslaughter.
Mr.. Lewis was sentenced 90 pay a
/ nnc OF $500 and costs Of prosecution
and TO serve one year In tho workhouso.
I'm consideration Of his age, he being "A
years old. the prison sentence was re-
mited and he was paroled on his own
recognlzance for two years
McDufy was fined 500 and costs Of
prosecution and sentenced TO serve one
year IN the workhouse.
Behind the action OF the attorneys In
changing tho pleas Of their clients, anC
the stand OF Attorney General Rein.
hardt In declining 90 urge O prison sen
lence, was the illness OF Mrs. Lewis
wife OF the defendant, who Is sufferin.
from heart trouble, and who Is undel
a severe tension because ~ the case. :
doctor attending the woman averrc,
that there Is a strong probability tina
n she. who was a material witness FOL
the defence. was compelled 10 appea
IN court she would fall dead. II wa
this consideration that prompted Lewis
attorneys TO change their pleas 90 as u
. dispense with a trial IN order 10 re
llevo the tension under which Mrs
Lewis Is laboring. and 70 was for tn
same cause and because OF Mr.. Lewis
axe that Mr.. Relnhardt did nor insls
Qua Jail sentence for him. but rattle
/ requested lcnlency, but with a sub
slantial lne.
, The case was one raro In court an
/ mails. u Is the nrst case Of It's kin
! ever brought before a Delaware court
, and perhaps the only one ever hear
IN court In the country. Lying dee
In 70 was the question: Can the Owne
I Of an automobile, sitting In the ma
% chine 90 the time OF any damage cause
, by it while driven by his chauffeur
! be held responsible for the DAMAGE
4 Lewis machine, bearing a Nlrgini
. license and driven by McDuny. and
% which he and his wife were riding
(. the back seat. struck and killed llttl
q Marion Billlngsley on September rs la:
q on Penny Hill The victim OF the acc
- dent was q daughter OF John p. 81
Kingsley, OF Bellefonte.
T. The prosecution commended that n
e accident was the result OF recklel
n driving: that the automobile was ira
,r cling az a rate OF between 10 and
miles an hour. Counsel for The d
n, fence contended that the car was b
g. ing driven az a lawful rate Of speed.
4 forceful warning, despite the u
iency shown the men today, lies behi
the case Let the owners Of automobi
see that the speed limit j. not yiolat
or they will be- before the court o
viii receive the maximum sentence.
- Attorney Hclnhardt remaI
L ed on this 10 the court, and Chief Jt
) tice Pennewlll made 10 more emphat
10 was brought out that offenders
al the future viii not fare so well
"a Lewis and McDunfy. A hard obstacle I
r. the state TO meet was Lewis age.
a The carelessness OF auto owners
q allowing their chauheurs TO drl
M without caution Is matter constant
4. before the aittorney-generals otilce al
n practice that must be stopped, n
M Rcinhardi said.
1T IS the duty OF the court 10 II
H. press 10 on automobile drivers al
: owners" declared Judge Pennewill. st'
III ms that the public must be protect
against reckless driving He warn
/, that future offenders would be de-
=, with more severely.
/, Mr. Relnhardt announced that q
=. state hereafter would urge the MAJ
~ mum sentence in such cases.