The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-09-23
DRIVER Of TRUCK
EXONERATED BY
COUR1 TESTIMONY
Evidence Shows That Traffic
officer Holmes Was Killed
by Unavoidable Accident.
Funeral Thursday.

Six officers, fellow members Of the
traffic squad, Thursday were to act as
pallbearers at the funera of J. s.
Holmes. traffic director who was Killed
late Tuesday while at his post OF duty
Services were to be held at the resi-
dcnce, 81 Wlliford street, Bingha anton,
Thursday afternoon. Burial VIII be IN
Frank ScarIotti. youthful driver Of the
fatal truck which ran down Holmes At
Main street and Gayoso avenue whue
hundreds of people looked on was eN-
onerRt ed late Wednesday at hearing in
city court Judge Barker from the
bench voiced an opinion that the aetl-
dent was regrettable but unavoidable
Scarlotl who lives at 224 Market ave
nue., had observed All traffic reguia-
tons. according 20 testimony introduced
The formal charge against the driver
was manslaughter.
II was pointed out that the truck,
the property Of the McBee Engine and
Implement company, was not rented for
thd occasion by tho Memphis Enter
prises, Inc, although the vehicle car
ried a banner advertising What Your
Hurry" Strand theater photopiay
Trucks of the same make are seen IN
''S young Ini5Ia, soarlotti n h day off, ac-
cordng to officers Nf the enterprise
and seeing W r. Hyde. in charge Of
the truck, pass. asked permission 10
ride which was granted He is an
experienced driver so Witnesses testl-
fled
Holmes had been on the force only
since August. Practically the. entire
time was spent In traffic work Hts
first night on duty, Day Capt. Lee
Thursday recalled, found Holmes as
way on Main street AT this time he
took charge Capt Lee said and di-
rected traffic like y veteran at the
The Rev Walter white of the Lin
den Avenue Chrietian church, was to
officiate. ia Wife, three children and
four stepsuns survive, Ifolmes came
TO Memphis from Tupelo, Miss, seven
years ago. He has held various posi-
John III, McBee. Of the McBee Engine
and Implement company, said today that
IL is n physical impossihtlity for the
accident 10 have happened as first re-
ported. He made the following state
ment,
"Having noticed the newspaper re-
ports state that thestraffic officer who
was killed by the Mack truck on Main
street Tuesday, had his hand caught
In the chain which then dragged him
under the truck, | call attention to the
reports in hand from several eyewit-
nesses who state that the accident did
not occur In this manner but that the
officer apparently forgot the close proX-
unity of the truck and In avoiding an
other car near him, stepped back di-
rectly in the path Of the rear wheel.
Also, 10 the fact that an examination
OF the truck will prove that IL is ply
sically impossible for such an oeeurrance
to happen because the chain would
have thrown his hand off rather than
null ii in Also that II 1t had been
possible for the chain to catch his
hand the hand would have been very
badlys. mangtd which was not the
Mr. McBee also submitted the follow
Ing letter he received from an eye
ITO tic McBce Engine and Implement
Company Memphis:
"Gentlemen-lt may interest you ana
possibly assist the driver OF your MACK
truck to know from an eyewitness, that
by no possible stretch Of imagination
can he be blamed for the unfortunate
accident this afternoon l was coming
south on the east side OF Main ana
met the truck Just coming out of
Gayoso street Having shortly before
seen the picture, | was Interested IN
the truck and stopped and watched II
until the officer gave the signal Tot
the driver to proceed, ! then passed
corner Sun watching II make uhe turn
into Main, and was Mortified to see the
officer deliberately back into the rear
TO nRe@ near wheel II knocking MN
down and passing over him, the Of
ficer apparently forgot the truck en-.
tirely.s He was entirely out of sight OF
the driver who could not possibly have
known Of the officers danger, nor his
act. The wheel struck him exactly fiat
and seemed to push him over. The
truck made an ordinary turn and was
not running over five TO seven miles
PfsiEnedl "CHAs. T. JACOBSON,
SUPERINTENDENT Great Atlantic and Pa,
cific Tea Company, l2l whitehall
Strept ATLANTA. Ca