Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-03-19
DEATH CAR DRIVER
CLAIMS ACCIDENT
At MURDER TRIAL
BY o. d. KELLER.
(staR Correspondent of The journal

BY o. d. KELLER.
(staff Correspondent Of The Journal)
DECATUR, Ga, March 1S.-After
concluding arguments by Frank Hoop
er, for the defense, and William
Schley Howard for the state, and
charge of about thirty minutes de-
livered to the jury by Judge John B.
Hutcheson, the case Of Thad Pirkle,
charged with murder, following the
Quinn by his automobile on the East
Lake drive last New Years eve,
went to the jury in the DeKalb coun-
ty court shortly before noon today.
Two arguments were made Thurs
day night, between Z and o'clock
those of Solicitor General A. M.
Brand for the state and w. Paul Car
penter for the defense. The solicit
tor asked for verdict of murder,
basing his plea on case in the Geor-
gia reports-an automobile killing
where it was set out that "a reckless
disregard of human life may be the
equivalent of a specific intent to
kill" This was the case of Den
nard VS.. the State, the fatality be-
ing caused by running an automo-
bile against mad over a person" (No.
5539, Georgia Reports No. IA 1910
Mr.. Carpenter took the position
that the killing was the result of
an accident; that Pirkle, entirely So
Der, was driving at moderate rate,
and was forced to switch the car
suddenly to avoid collision with
truck, approaching on the wrong side
Of the drive; that the children had
gone out into the roadway; and that
the fatality could not have been
avoided. He attacked the testimony
of Forrest Adair. that the car was
running from fifty to sixty miles
an hour" declaring a Ford could not
run that fast.
Pirkle's Statement.
The statement of the defendant
himself was the principal event of
the afternoon session.
The court room was crowded when
the defendant delivered his state
ment, but the most perfect order pre-
vailed both during and after the
statement, which was accorded abso-
lutte silence as well as the closest at
tention. Pirkle spoke in a very low
voice and Judge Hutcheson moved
down from the bench to be close
enough to hear distinctly There was
no evidence or expression of feeling
among the spectators in the court
room and nothing that even suggest
ed a demonstration. In fact, perfect
trial.
Pirkle spoke in low tone, and
paused at times, for a considerable
period. When he had informed the
jury he had finished, he recalled
something else and returned to the
stand to speak of the possible speed
of a Ford car and of the charges that
he had been drinking.
Beginning his statement, Pirkle
narrated the events that led up to
his presence on the East Lake drive
in a Ford car with Mrs. M. L. Coo
per. his statement Was SuDSlduLl-
ally the same as Mrs. Cooper's tes-
timony-he called at her house, 220
Luckie street, and they had started to
drive out to the Alexander farm
about $3.50 o'clock that afternoon.
They stayed at the farm about TWEEN
ty minutes, he said, and he did not
go in or near any outbuilding or
cotton house." at which a states
witness said Pirkle was seen to take
a drink from a bottle. They bought
two quarts of milk, and Pirkle tasted
the milk in one bottle. "Old Man"
Wheeler asked if he might ride to
the car line and went with them
that far.
II drove at moderate speed" he
said. The road was pretty rough.
Wheeler said nothing to me until we
got to the car line. Then he said:
There's my car and got out and
boarded it."
Wheeler's testimony wa sthat,'he
demonstrated with Pirkle about the
speed at which he was driving and
got out and caught the car because
he was afraid to go farther in the
autom obile