New Britain herald., 1929-07-02
Bristol Neus
.STANK0 IS FREED
 IN ACCIDENT CASE

Held Not Responsible for Death
 Of John E. Lynch FACTORY PLANS CHANGES New Departure Co.,. to Make im- pro.cments - Officer Arrests
 Namcsakc-Bank to Open Eve nings-Cartridgc Burns Boy. Michael Stanko, 23, charged with reckless driving and manslaght1r, Was found not guilty on both counts in decision rendered by Judge Jo- seph NJ. Donovan in the city court this morning. Stanko'3 automob,lc on the night of June IS struck and fatally injured John F. Lynch of l93 Prospect street master mechanic at the New Departure Manufact company, as he was crossing tha Memorial boulevard near the sol diers' monument. The case was heard last Saturday morning. the testimony Of witnesses and the rt- | torneys' arguments consuming ap proximately two hours and a half. Judge Donovan's decision is as fol- | lows:
 Judges Decision
 Tn this matter there are three i courses open to me: A finding of guilty if l decide the limit of juris- l diction of the police court is suffi- cient punishment; binding over on finding of probable cause; or a find ing of not guilty.
 1 There is no testimony before me of the actions of the deceased and must make my findings entirely on the evidence of the acts of the accused. as far as witnesses can 1 throw light on the evidence.
 "From the evidence produced l feel that the accused was driving at a fairly fast rate of speed when he passed another car or cars one quarter of mile above the scene of the accident. I believe he lessenrd his speed considerably before strik- ing the monument, From his own testimony l am satisfied that should not find him guilty.
 fiU,n in determining the law on binding over. It is my duty to bind over the accused if there IS evidence accusing him of gross or wilful misconduct in the operation Of a motor vehicle re- sulting in a death. I find that gross even an inattentiVe or thoughtless man would be beyond; it implies utter disregard of the consequence of his act; even implies willingness to infict injury,
 The accused was not under tho influence of liquor; he was not drir. ing at a grossly excessive rate oi speed he was not wantonly passing cars on bad curves He did all { , reasonable driver could have done to avoid an accident, and would haN' avoided it but for the monument with it's curved base that has caused ! many accidents.
 II find no probable cause to binG over. and find the accused not guilty of manslaughter and not guilty oi reckless driving"
 The Testimony
 The states only witness in the presentation of the case last SatUr- day was Herbert F, Jahn of 21! Maple street. New Britain, mechari. cal engineer of the B. Jahn Manu. featuring company of that city. H. testified that on the night of the ac cident he was driving easterly oI the Memorial boulevard. Whor about half way between Main stree and the soldiers monument a sma roadster passed him. At about th' same time, nc told the court. the ca' operated by Stanko passed with hin and the roadster and in order tc avoid a collision it was necessary fol ! NldllkO l) uIl\t DniO iHt sltNS 't tween the east and vesthounC drives. He estimated Stanlo's spec at a5 miles an hour
 Jahn was subjected to a sharl cross examination by Attorr ., James T. Mather, who, together vb
 his son, Attorney Howard T. Mathvr represented Stanko. The lawyer ar, witness engaged in some brllian
 rcpartec with honors about even.
 Frank Cole of East Bristol testi
 fed to arriving at the scene shortt'
 after Lynch was hit and taking hir
 to the Bristol hospital. Peter Grim
 aldi of 2S2 South street informe'
 the court that he furnished the no
 lice With the number Of the regis i tration of Mr. Jahn's car, which To i suited in the latters being sub l pocned to appear as a witness. 1 Policeman Arthur Messier told O conducting an Investigation an hou | after the accident. From the frs | blood spot on the pavement to tn 1 pool of blood where Lynch Wa picked up Vas q distance Of 6 feet l he testifcd. He also informed in | court that there was blood on tn | hood of the car, which was badl | damaged.
 Dr. Arthur g. Bracket. medica / examiner, testified 10 making an eX