Every evening, Wilmington daily commercial., 1920-05-25
AUTO DEALER GIVEN
SIX MONTHS FOR
FATAL ACCIDENT
Court Merciful on John ]. McIvor,
Who Caused Death of Ray
mond B. Kelley.
IN AUTOMOBILE MISHAP

A warning to all automobile drivers
whose only advantage over John }.
McIvor is that they have not killed any
one "yet, " was delivered by Chief Justice
James pennewill in the Court of Oyer and
Terminer this morning when he sentenced
McIvor to six months Imprisonment,
and fine of $500 and costs for man
slaughter in running down Raymond B.
Kelley on the Philadelphia turnpike near
CIaymont on the night of March 25.
Kelley died in Chester a short time after
wards.
Kellev's father was in court this morn
ing 10 ask mercy for Mclvor. Mclvor's
wife and three small children We're there
too. His attorney pleaded eloquently
for them and showed that the automobile
business which McIyor conducts IN
Philadelphia would be ruined il he were
absent for any considerable time.
Judge Pennewill admitted that there
was no evidence Of criminal intent and
mentioned the jrry's request for clcmency.
But in spite of all these things In Nc
Ivor's favor. said he believed that the
court would not do its duty if it failed TO
punish any automobile driver who caused
the death of another by violating the
law
The JUSTICES remarks in imposing son
tence were as follows:
Before imposing sentence, we wish to
say few words that may be protection
to YOU and others who drive or own
motor vehicles In this state.
"The Jury have found you guilty Of
manslaughter. They believed the wit
ncsses for the State who testified that
YOU were driving at least 40 miles an hour
AT the time Of the accident. lou were,
therefore, guilty, not only of q violation
Of the statute laws Of this State, but Of
gross negligence in operating your car
on the public highway. Your criminal
act was he cause Of Mr.. kclley's death
and YOU must pay the penalty.
"But inexcusablc rs your conduct was,
there are fortunately some things that
appeal 10 the Court in mitigation ot your
punishment.
THE jury have accompanied their
verdict with recommendation Of mercy,
and this will be considered Of course
''No one, perhaps, outside Of the family
Of the deceased regrets the death 81 Mr.
Kelley more than YOU, and YOU have al
ready suffered much on account Of II,
t'You had no intention Of inJurlng the
deceased or any one else. You were not
guilty directly Of any criminal intent.
The death was accidental, but it was
caused bv your criminal act OF running
a car in violation Of the laws Of the State
Ii is this particular feature of your case
that we want to emphasize for the IN
formation and protection Of Others who
certainly do not appreciate the danger and
risk they incur when running their cars
nj an unlawful rate Of speed. There are
hundreds of others just as guilty In tins
regard as YOU. 50 far, they have beer
more fortunate than you, and that is the
| only difference They have not kIllod
any one yet
Your intentions were just n good a
/ theirs, but YOU struck a man and killed
him, and other drivers may do the same
thing any day without intending il and
very much to their regret When that
/ happens, the person who IS driving thf
car that caused the death and also has
employer If he is present. ConseninE g
the unlawful speedr viii be as guilty 81
YOU ane and If convicted viii 60 to work
house Just as you do. Because Of this
fact. we sincerely hope that drivers oi
motor vehicles viii be more careful and
law abiding for their own protection Il
they will not for the protection OF others
MANY automobile people we suspect
think they are safe and immune from all
liability when they have taken out policies
that will cover any possible loss. But
they should know hat such policies are NJ
protection Observation-Disclosures, and will
NOT save q guilty man from mprlson-
ment"