Evening star., 1925-08-28
AUTO KILLERS MAY
FACE EXECUTION
Justice McCoy's Ruling Per-
mits First-Degree Muir
der Charge.

The electric chair may await death
car drivers in Washington in the fu.
ture as a result of Chief Justice Nc
Coy's decision late yesterday uphold.
ing the indictments of Clifton Young
and Estelle Robinson, colored, on
every count of second-degree murder
for running into and killing Sister
Cephas of Providence Hospital, last
month.
In oyerruling the demurrer and mo.
ton to quash in the case Of the two
negroes on the ground that they
could not be indicted for second-de
gree murder because their automo.
bile unintentionally killed the nun
Chief Justice Mccoy set a precedent
here that makes it possible for the
District attorney to prosecute death
car drivers not only for second-degree
murder but for first-degree murder as
we'll
Murder is murder, whether it is
done by a pistol, a knife or an auto
mobile" declared Assistant District
Attorney James J. O'Leary. who de.
Tended the Districts indictment
against the negroes. And so far as
1 have anything to do with it, drivers
.
der will be indicted and prosecuted
for murder, and not permitted to es-
cape with light penalty.
Delighted With Decision.
II am delighted with the decision
of Chief Justice Mccoy. 1t is a prece.
dent for sustaining in the National
Capital indictments for murder in au-
tomobile cases. Other indictments
charging second-degree murder and
even first-degree murder in proper
cases will follow. Murderers are
now TO be prosecuted for murder, and
not permitted to plead guilty to man.
slaughter.
This decision means that in this
District we can now prosecute in au
tomobile cases for both degrees OF
murder as well as manslaughter. II
may be true, as counsel for Robinson
and Young said, that never before
were indictments returned for second
or first degree murder in automobile
fatalities. But 1t is equally true that
all good things must have a begin
ming. 1t is the glory of our common
law that it is broad enough to reach
all new cases.
Judges and lawyers who have not
gone deeply into the matter have con
tended that there can be no murder
in automobile cases in the absence o1
an express intent TO kill This is
clearly incorrect. Malice aforethought
which is the determining feature OF
murder, does not necessarily embrace
an express intent to kill.
LAS the United States Supreme
Court said in Aikens versus Wiscon
sin: A death is caused by malic,
aforethought if, under the circum
stances known to the actor, the prob
ability Of it's ensuing from the ac
done is great and manifest accordin:
to common experience
Warns Other Drivers.
when a man drives an AUTOMOBILE
along a public thoroughfare either a
excessive speed or without watchin,
where he is going, or without sound
ing a warning, or without attendin;
to the motive power, the brakes O
the steering mechanism, or Will
drunk, it is common experience tha
death will likely result. Let not deatl
car drivers be deceived"
Assistant District Attorney OLear,
said the case against Vernon S. Stor,
| and James OConnor. both of whom
are charged with f1rst-degree murde
for causing the death of a person witt
their automobile. has been set for tria
October 13. Young and Estelle Rob
inson are to be tried for second-degre
| murder on October 20, and Stuart S
Hayes for manSlaughter October 27.
Young and the Robinson woma,
We're speeding through the streets O
Southeast Washington at 60 miles al
hour, trying to elude prohibition
| agents who were following in anothe
! car when the fatal accident to Siste
Cephas occurred. The nun was el
route from Providence Hospital to or
| tain marketing for poor families whel
| the bootleggers' car crashed into on
occupied by Sister Cephas, anothe
nun and chauffeur.
Sister Cephas was instantly kille
and both other occupants were in
| jured, recovering within a few weeks
Before the negroes could escape tn
trailing revenue agents followed then
up alleys and arrested them. ONLY ,
! few weeks before Estelle Robinson
| husband, known as king of negr
bootleggers," was killed in a simila
| chase.