Milford chronicle., 1919-10-17
AUTO DRIVERS DUTY
ON PUBLIC ROADS
SHOULD THEY CAUSE FATAL ACCIDENT
BY UNLAWFUL SPEED, ARE GUILTY
OF MANSLAUGHTER.
LAW LAID DOWN BY COURT
IN THE CASE OF WILLIAM POLITE, WHO
RAN DOWN AND KILLED A C0L0RED
MAN AT FIVE POINTS. LEWES.

Throwing himself upon the mercy
of the Court of General Sessions Tues
day morning. after having made sub
stautial provision for compensation C
the widow and six children Of Alfred
Palmer of Five Points, who was killed
by an automobile last summer William
Polite, "a farmer. was allowed TO plead
guilty 10 an assault when he was ar
raigned for manslaughter He was
then sentenced TO pay fine and costs
which amounted 10 about Sl,lO0. and
in default of payment OF fine and costs
ne was TO be imprisoned for one year
He was given until Saturday TO pay
an the expenses of the case, which are
said to amount to more than S2.500.
The charge TOR which he was SEN
fenced was that OF knocking down and
killing a cOlOred man on the road
from Georgetown to RehobOth Beach
Polite was passing the Five Points
where five roads run together and the
colored man was ahead of him. Ac-
c1rdmg % Witnesses, the colOred man
jumped 10 one side and then jumped
TO the other just as the car came up
TO aim. and he was thrown about 30
.eet and killed instantly.
Efforts were made TO prove that Po-
lite was intoxicated but a careful
examination failed 20 reveal that fact
and a number of Witnesses were ready
TO prove that he was not intoxicated
and had not even been drinking The
chief fact against Polite was the evil
dence Of several witnesses who We're
In a car just ahead of him, THAI he
was running about thirty miles am
hour Tia passing sentence Chief JUS
tice Pennewill said:
Duty Of Auto Drivers
Before imposing sentence in this
case, the court thinks it may be we'll
TO state briefly what they consider to
be the duty OF drivers of automobiles
on the public highway, and the cOnse-
quences of violating the speed laws
Of the State. Unfortunately. very
many drivers acquire the habit Of go
ing faster than the law allows, and
they perhaps do not realize the dan
ger to themselves and others. The
careful driver should be more inter-
ested in the punishment Of the reckless
one than any one else, because when
meeting such a person on the road he
is often helpless and cannot avoid in
jury. The one who tries to Obseve the
law and avoid injuring others ought
to do all he can TO enforce the law
against those who violate it. both for
the protection of himself and the pub
lie. But the point we wish to em-
phasize is this:
ut makes no difference that the
death resulting from reckless and un-
lawful driving is unintentiOnal and ac-
cidental; that fact does not excuse
or protect the driver in case he is
prosecuted. because II at the time OF
the accident he was driving at an un-
lawful rate of speed he Is. in law,
guilty of manslaughter, even though
The killing is unintentiOnal and acci-
dental, il such speed was the cause
of the death.
We say this so that drivers of au-
tomobiles, as well as the public. may
know to what unlawful speed may
lead, and that they may also know
that the courts and prosecuting off
GERS, fully appreciating the danger to
citizens lawfully travelling on the pub
lie highway today. will do all they
can to ensure reinforcement of the
law against careless and guilty drivers
of motor vehicles. and making travel
ing on our highways safe for our peO-
pie. In the case now before the court
there was no Intention on the part of
the driver of the automobile to kill or
injure the unfortunate pedestrian, and
yet he was guilty OF manslaughter if
his unlawful speed was the cause of
the death. But he did act kindly and
after the accident, which he
regrets, and is entirely will
ing TO financially assist the widow and
Of the deceased to the extent
Of his ability. Such assistance is ex-
ceedingly important because very
much needed