New Britain herald., 1929-10-03
DR, 0'NEIL FREED
 AFTER LONG TRIAL
(Continued From First Page)

driving the selan. on request of Thomas Ioughlin Of Waterbury. from Wrights tavern in Plainville towards Waterbury, he explained that he saw the truck driven by To- Ean coming down the mountain and thought it would pass in safety. al- though it appeared 10 b. Zig-za ggirg slightly. He was certain the head lights flashed past and then he felt q bump as though the sedan was strucH near the rear. The sedan swerved to the left and apparently s.ruTE the rcIr part Of th" truck before coming 10 stop against tho guard rail fence,
 Te,!> Why E;c Left S"ruc
 Finding Fay cn the road where ho struc!l after being thrown out of the truc,., Dr. q Neil examined him @nd observed symptoms of skull fracture. He turned Fay around on the grounl and hurried 10 d telo- phone, on which he called an ambu- lance from St. Mary's hospital, Waterbury. H. tried to examine To- gan. but the latter aimed a kick at him and mut'crrd something which the doctor did not understand II was apparent, however, that LoEan'a injuries were not "arious, pr. O'Neil said, so he turned his a'trneion 10 Miss Margaret McCahc of Water bury. who vas I.oU-hlln's cOmpan- lon at the tavern end in the sedan. Miss McCabe was highly excited
 F,-;,r | Tai thought it best to take her from the scene of the accident, especially a3 she told him she had friends living at the top of tho mountain. lie found, however. that her friends lived considerable farther from the top and when their home was reach- ed Miss McCaba appeared ill and Dr. O'Neil felt that he should stay with her. He knew Loughlin was at the scene of the accident, and he had seen the ambulance rolling down the mountain before he left, In fact he suggested to Miss Nc Cabe that she get into the ambu- lance and go 10 Waterbury, but she refused. saying she was not i'll. At about 10 o'clock in the morning. pr. 6NeiI returned 10 New Britain. Some time latter he learned that Fay had died and he also learned from Loughlin that the latter had assumed responsibility for the scd&n Didn't File Rcpor:
 Questioned by Attorney Danaher Dr. O'Neil admitted that he had not filed a report of the accident within the time specified by the law and . in reply to the state motor vehicle departments letter asking his req sons for the delay he had stated that one reason was the fact that he was not a licensed operator. another was that he had ben advised to await the coroner's finding, and third ! was his belief that it was the duty 1. of the owner of the car to file the I accident report. In reply to Judge Fills. O'Neil said he did not return 10 the scene of the accident after seeing Miss Me Gabe to her friends home, because 1t was farther than he had antlci- pated and he believed the wrcchage would have been cleared away by the
  aware of the exact jurisdiction in Which the accident occurred. la re ply to Attorney Danaher, DT. o'Nell said he understood that Loughlln was a brother-in-law of a former mayor of Waterbury, but he did not know whether or not I.oughlin had de cared that he could not be arrested in his home city.
 Orderly SmclIcd Alcohol Patrick J. Kennedy an orderly at st. Mary's hospital, testified that he went out on the ambulance with Dr. John NJ. Renehan, an intcrnc, and picked up Fay and Lc%an. He arnelled an alcoholic odor on LOEan'S breath. he said Under crosa-e@ami- nation by Attorney Danahcr. he said he also smellad an alcoholic cdor from Loughlin, but later f developed that he was referring to LcEan rather than Lougain. Questioned further by Attorney DarahCr, Ken nedy admitted that ct inc coroncr's inquest into the fatality he had stated that there was considerable blood on the men, also that ho had iodine with him. He does not know whether it was blood aicoaol. or iodine that he smcllcd, Attorney Danahcr said as Kennedy left the witness stand.
 Kennedy was followed on tho wit- ness stand by @u omrloya of frau- cis' garage in Sor,hla"ton. who lowed the truck of tHn m7urtain read. He said the tTGcG was in gear and the brake wa# "c' aO that 1t could not b" released. lrn WAS sure | was either low Or hi"i gear. al- though Logan testified be "as driv- ing in second ger when rhc coI- Hsion occurred. The witness admit ted, however. that a 0uubrr of spec tators had looked into rH. tutck and might have tampcnl auH tN" gear Shift rod while he was ,uss wI-h the tow job
 Discharge Motions Denied
 Attorney Dguahar a%i@d foI. a 'li3- charge for Logan af th.s point judge Fills asked A''orn g GrGnrr what h. had 70 gay to u. up'tom and he oppo."l it ou 'Ee ground that there ~oro ap2rpH.m"'"'E 4" feet of highway on the road for iho cars to pas" each other and ' w1s apparent that ordiUary nrrJg'h-" could not Ea=e caused th" collision
 Attorney Berry moved 'ar alt. charge for Dr. O'%"l or fnr rg0UHd that Logau's testimony .".," "or,n- less in view Of his condition at inc time Of th" accident Dr. o'N"Il rever should have been arr, st.d is Attorney declared anI h, reminded the court that no. a sna.r witness had testified that ha was anyth.ug But sober while Grjtlag the sn.au.
 "On Dr. D'%,il'a bwn story. what