New Britain herald., 1922-09-16
HEAR CASE AGAINST WOMAN AUTO DRIVER No Criminal Negligence Found in
 Babcock-Logan Accident CHARGES ARE ALL N0LLED
Fire Prevention Week To Be Carried Out Here During October 2 to D.
 voters Are Being Made Today Baseball Tomorrow-Church Notes

Baseball Tomorrow-ChurcbN Notes Judge Edward P, Prior found no criminal negligence against Mrs. Rose Logan of New York city, when her case was heard in the local court yes terday afternoon following her crash Ing into the wagon being driven by Frank Babcock. of this town, on Aug ust 25. which resulted in serious in- juries to Mr. Babcock, who is now in the New Britain hospital. Mrs. Lo- gan was represented by Attorney Hanrahan of Unionvlle.
 The accident, which was one of the most serious in Plainville in some time, occurred on West Main street in front of the office of the Bristol Mills. Several witnesses were called to the stand who had seen the acci- dent. George Felt, a barber of this town: Mrs Summer, formerly em- ployed at the Great Atlantic and Pacific store, and Dr. Whipple and Dr. Jennings of Bristol, were the im- portant witnesses heard.
 Mrs. Summer was called to the stand first and gave her story. She said that Babcock was driving down West Main street towards Central Square and was on the right hand side of the road. Mrs Logan was coming from behind him and she saw the driver make a slight turn to pass the wagon.
 She said she had plenty of room to pass but drove close to Babcock s wa &on with the result that she struck the side of his vehicle She saw Mir. Babcock stand up in a bewildered manner, not knowing what had struck him and tried to stop the horse who immediately became frightened and started to run. The wagon swerved towards the curb she said and struck a pole. This impact threw Mir. Bab- cock to the ground. The horse broke away and ran down the street Mrs Logan sped on her way about 20 miles
 ." The witness said that she then ran over to assist MT. Babcock
 - on the ground.
 George Fait, a barber across the street from where the accident hap pened said that he only saw the horse running down the street and could not say what auto had struck the wagon.
 Dr. Whipple said that he was driv- | ing about from 100 to 200 yards in the rear at the time of the collision. He said that what he saw was when the team and auto struck and he saw the horse drag the wagon onto the sidewalk The automobile of Mrs. Lo- gan was at that time about 20 feet ahead The horse broke away from the wagon and galloped away. When he arrived at the scene of the ac- cident he and Dr. Jennings of Bris- to, helped carry Mr. Babcock into Byingtons drug store. Dr. Whipple 1 said that he saw the wagon and auto mobile running side by side down the street until the crash came.
 Judge Prior saw part of the acci- | dent and gave his version of the af- fair. Although he did not see the | vehicles when they crashed, he did appear shortly after and rendered what aid he could He said that the running board of the automobile was Aattened out.
 Mrs. Logan was called to the stand and said that she was driving down West Main street about four feet from the curb on the right hand side. When she approached Babcock, she toted her horn to have him move over, claiming that he was in the center of the trolley tracks. At this time, a Ford sedan came towards her on the other side and another automo- bile was parked on that side pre- venting her from driving past Bab- cock She said Babcock pulled over a little and she then passed him. When she was opposite the horse, the ami mal swerved towards the auto, caus- tng the vehicles to strike, Mrs. Logan said. The animal then broke loose and ran alongside of her car. sticking its head inside and Mrs. Logan. fear ing for the safety of the two children with her, kept on her way, hoping to pass the animal. The horse turned up the railroad tracks as it neared Gen. tral Square and, being excited Mrs Logan said she could not stop until she turned the corner at Whiting street.
 Mrs. Logan broke down when she | told her story and wept and it was | necessary to rest the case for a few | minutes. Attorney Hanrahan felt that | there was no grounds for finding his client guilty of criminal negligence. | Prosecutor Foran felt that Mrs Lo- gan should have taken the precaution to have seen that Mir. Bahcock had | plenty of room when she passed
 The charges were nolled against Mrs. Logan.
 Mir. Babcock has now brought suit for s1o.O00 against Mrs. Logan and Mrs Katherine Crowley, also of New York. The action was taken through Judge Bernard F. Gaffney of New Britain.
 Stores To Close.
 The local stores have two more Wednesday afternoons off despite the | fact that the merchants in New \ Britain had their last one this week. i Plainville merchants voted to close during the month of September and the residents here were of the opin-