The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-03-11
DRIVER FREED
OF BAlLAFTER
FATAL SMASH
No Prosecution Will Grow
Out of Fatal Accident
West of the River
WHAT kELSCH FOUND

There will be no prosecution
growing out of the fatal automobile
accident on the Mandan road west
of the Missouri river bridge lie"
weeks ago. r
States Attorney c. F. kelsch OF
Morton county, who made an inquiry |
into the circumstances OF the COZ
l;s;oo which resulted in the death !
os Miss Theresa Naekel of Valley |
City and Selfridge, has released the
bond under which Arthur Marshall
of Selfridge, driver of the car IN
!. which Miss Naekel was riding, ana
. her fiance, was held.
: asTbe state ment of the states at
torney finds:
First, that there Is no e'loeh.e
: OF any wilfull or reckless act on 'he
mart Of Marshall, which either al
rectly or indirectly contributed to or
was responsible for the death OF
Miss Naekel.
"Second, That there is no evidence
that the collision was the result Oh
fast or reckless driving in that: All
the witnesses agreed that Marsha'i
was not driving at rate to exceed
20 miles per hour, most OF them
. f;xed the rate from 90 to % miles
nor hour. That there is no evidence
that Marshall did not have MS car
under control prior to the time Oh
his collision with the car driven o.!
Nustad.
"Third, That the evidence shows,
that Nustad, although not involved
in the fatal collision, entered the
highway from cross-road IN
westerly direction and that at tnt
point of such intersection, ne arc
not see Marshall approach IN tht
same direction or give him the righ'
-of- way which he then had. That
collision took place between INV
Marshall and Nustad cars; ina
their contact forced Marshall par
tally off of the highway to tn
right, thereby causing the Marshal
car to sway several times from tn
eutreme right across the center o
the highway and to collide with tn
hns before Marshall regained con
troll of his car.
81 am satisfied that If Nustad ma
not entered the highway at such IN
tersection in the manner he dld; Q
if he had given Marshall the rigf
of way which he then had; or II n
had averted the collision with MIN
that then in all probability no co
iision with the bus would have 10
lowed. But ! am equally Statistic
that had the Marshall car bee
driven by one more careful, mo
1experienced and more tactful tn;
Marshall that the collision with t
bus could have been averted.
I Fifth: The physical facts she
beyond controversy that Marsha
made a final effort to avert the fat
crash by swinging the front of +
car to the extreme right cleari
two-thirds of his car, thereby cat
ing the rear of his car to COLI
with the front right and center
the bus, by reason whereof his
was turned over and wrecked.
"The bus bore evidence of bio
stains and brain substance at
point of impact which sustains
theory that Miss Naekel was fata
struck, her skull crushed and tt
and the brain substance scattered
the time of the fatal crash; and tt
she was thrown from the bod
while turning over, the. curta
having been ripped off by the TO
of the collision.
"In my opinion the facts and {
cumstances so disclosed are insu
cient to warrant or justify pre-
cution of either Marshall or Nus
for manslaughter in the second
gree and that if they were prose-
ed it would be highly certain t
no conviction could be secured.
"While the law and justice, un
these facts and circumstances,
auire that Marshall be released
his bail exonerated; neverthe
this terrible accident should st
as constant warning to the I
lie and should deeply impress u
all drivers of automobiles the av
consequences that may follow f
careless, negligent and reck
driving.
C. F.. sKELSCH