New Britain herald., 1929-06-08
.DRIVER FINED S35
 APPEALS DECISION
Man Whose Car Struck Forth
 Child Denies ReCNessness

Edward Woods, 20, of a21 Brook street, was found guilty of the charge of reckless driving and. fined s35 and costs by Judge M. D. Sake in police court today. He was driv- ing an automobile truck on West Main street on the afternoon of April 27 when it struck Jean Fortin, 8 years old daughter of MT. and Mrs. Arthur Fortin of r Lincoln street, who was crossing from the north side of West Main street to Lincoln street. The child sustained a fracture of the skull and other injuries from which she has recov- cred.
 Judge Sake. after hearing the tes- timony, said 1t is the duty of mo- torists to exercise great care at all times, especially at dangerous cor ners such as West Main and Lincoln streets. Driving at the rate of 20 10 22 miles an hour might not be too fast ordinarily but under cer- tain conditions it constitutes reck- less driving. Bonds for an appeal were fixed at $100. Judge w. F. Mangan represented Woods and gave notice of an appeal to superior court.
 Didn't Sec Victim
 Sergeant. Ellinger testified that he and Officer Harper investigated the accident shortly after it hap pened. Woods told him he was driving east on West Main street and was looking into Lincoln street. so he did not see the girl in time to avoid striking her. Marks on the pavement showed that the wheels of the truck dragged with brakes set. for a distance of 35 feet and the distance from the spot where the rear wheels stopped to the place where the girl was picked up was 46 feet. 1 inches.
 Officer Harper testified that Woods told him Joseph Crowley saw the girl and applied the emer- gency brake from his seat beside him. Alexander Mackay of 173 Lin- coin street testified that he was driving north on Lincoln street towards West Main street. He stopped 10 await chance to enter West Main street and heard the brakes of the truck. He saw the girl appear from nowhere" and when she was struck she was thrown east on West Main street out of his range of vision com- pletely. There were cars parked. at the curb on the north side of West Main street and he believed the girl came from between them, al- though he could not be certain. He estimated the speed of the truck with brakes set. at IS miles an hour. One of the men jumped out Of the truck and picked up the girl. driving away with her.
 Lawyers in Tilt
 Assistant Prosecuting Attorney Greenstein asked the witness wheth- CT or not he recalled having told an officer the day after the accident anything about the speed of the truck and Judge Mangan objected to it. A tilt ensued and Mir. Green stein read from the police report which quoted the witness as having said the truck was going at the rate of 25 miles an hour in his judE- mcnt. Judge Mangan maintained that it was unfair to offer such evil dence and Mir. Greenstein contend ed that it was proper for the pur- pose of refreshing the recollection of the witness.
 Miss Jewel Grove of IS Black Rock avenue testified that she saw the truck and the girl but she could not estimate the speed except that it vas going fast in her judgment She thought the girl would cross in safe ty but the truck hit her as she was running across the street
 Judge Mangan contended that the evidence presented through the states witnesses was conflicting and there was no proof of reckless driv- ing. MT. Greenstein. however. main- taincd that the physical facts proved the clements of recklesness. and Judge Sake denied the motion of