New Britain herald., 1927-05-09
charge, saying that of the hundreds of cases of automobile accidents in

savers so little Of criminal negli- gence. Judge Hungerford denied the motion for a discharge and At- torney Danaher. after reminding the court of case in point and ask ing that the decision be borne in mind. called Smith to the witness stand. Smith said Miss Buckley was sitting beside him and Lorch was in the rear seat. They had been to a club at Sunset Rock. There had been no drinking. he said. He was positive that his car had not crossed the dividing line in the cen- ter of the highway. He said he has lived in Meriden practically all his life and has been driving automo- piles for four years.
 Lorch and Miss Buckley testified that Smith was driving 25 or 30 miles an hour and was on the right side Of the highway when the col lision occurred. They could not ac- count for the accident. An insur- ance company adjuster testified to the marks on the road and certain measurements.
 Attorney Danaher repeated his motion for discharge. He said it was assumed by the state that the cars had come together at the point where black spot was found. pre- sumably grease accumulation. This was 16 inches to the north of the dividing line and for that reason alone it was assumed that Smiths car had crossed from the right side.
 He maintained that automobile drivers are not obliged by law to always drive on the right side of the highway. They are privileged to drive where they please, provided they allow cars going in the oppo- site direction reasonable space to pass. Therefore. had Smith actually been driving on the wrong side of the highway. there would be ques- ton that he was criminally negligent as there are many aspects to a charge of this nature. The fact of the matter is. however. that Smith was on the right side of the high way. was handling his car in care- full manner, and was not to blame for the fatality. Not every automo- bile accident is caused by criminal negligence. he contended. and in this case. Smith certainly could not be held for the superior court.
 T want to say to Your Honor, that if he is held. the case will never be tried" Attorney Danaher said. The thing that happened in this case might happen to Your Honor tomorrow or at any other time. The case has none of the aspects of criminal negligence, and there is nothing for the court to do but to discharge Smith"
 Woods Asks Superior Court Trial
 Prosecuting Attorney Woods asked that Smith be bound over, and he pointed out that it is not necessary for Judge Hungerford to decide whether he is guilty or innocent.
 Judge Hungerford was sitting as an inquirins magistrate, he said, and there certainly was sufficient evil dence present to justify a finding of probable cause. The testimony of the insurance adjuster corroborated the testimony of Sergeant Stadler as to the marks on the highway and the measurements, Mir. Woods claimed. Relative to the claim of Att torney Danaher that motorist is obliged by law merely to allow rea- sonable space for another car to pass, Mir. Woods replied that Smith had not allowed room for Guiden's car to pass. and that is why MT. Baker was killed.
 Vernon Baker. as he was known. was e7 years of age. He came to PlainAlle from Lynn. Mass, seven years ago and lived at the home of Mir. and Mrs. w. c. Kramer of Bank street. He was at one time employ cd at the post office and later in Collins lunch room. but for some time before his death he had been working at the Standard Steel & Bearings. Inc. He saw service over seas in the infantry and was an ac- tive member of Brock Barnes post, American Legion.
 MT. Baker is survived by his par ents. Mr. and Mrs. NJ. A. Baker of ' Sheridan street, Lynn: and four brothers. Paul of Plainville, George of Hartford. Harold of Somerville, Mass, and Herbert of Everett. Mass.
 'Buddies' Form Guard of Honor
 Members of Brock Barnes post stood guard over his body during night. At 1 o'clock this afternoon Legionnaires met at Legion hall and marched to the Kramer home. whence they accompanied the body to the railroad station, where it was placed on the 2 o'clock train for Lynn. A flag was set up in Monu- ment Square this morning and placed at half mast in his honor. The funeral will be in Lynn Wednes- day morning at St. Joseph's church, Lynn. and will be of a military character. 1nterment will be made in St. Joseph's cemetery. in that city
 The case of Wincenty Zaniewski. aged S1. of 124 Miller street. charg- cd with reckless driving as a result of an accident on Broad street yes- terday afternoon in which Adam Atashian. aged years, of 102 Broad street. was seriously injured, was continued until next Monday morn ing. Attorney Thomas F. Me Donough appeared for Zaniewski, whose bonds were fixed at $500.