Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-06

Judgment, by the Judge. When the
Judge recalled Oldfleld he asked the
officer If there was anything to indicate
to him while Peter was driving the in
jured boy to the doctors ONCE that
liquor was helping to drive tire ear. He
answered in the negative.
Testimony Conflicting.
There was a wide conflict in the
testimony of witnesses who saw Peter
at the Bethesda Woman's Club. Robert
D. Hagner testified that there was no
question but that Peter had been drink
ing, while testimony of Z. c. Branden-
burg, read in court by defense counsel,
said that he did not believe Peter was
under the influence of liquor.
Several of the prosecution witnesses
we're excused when they could not
identify the defendant. A great amount
of the testimony dealt with the condi-
da WomanS Club an hour or two prior
to the accident.
The general trend of the testimony
on behalf of the State was that Peter
was hilarious while at the club, and
defense attorneys sought by their ques-
tioning to show to the court that this
was Peters usual mood when out on a
party.
Gordon Contee and Aaron M. Rosen-
thai of Washington, who came upon
the scene of the accident just after 1t
happened, testified as to the defendants
actions at that time. The former said
Peter seemed to be wandering about
He said that he did not assist Oldfield
in trying to start Peters car. He as
serted that Peter didn't act as normal
man should under the circumstances.
Rosenthal said that Peters speech was
not sober and reflective, but admitted
have been due to excitement over the
accident.
Onicer Oldfield told the court that
he did not smell liquor on Peters
breath at the time of the accident.
but did smell liquor when Peter was
assisting him to carry the boy into
the physicians office. He said that II
he had thought that Peter was under
the influence of liquor, he would not
have allowed him to drive his car with
the injured boy in it.
Doctor Detected Liquor OdOr.
DR.. Benjamin C. Perry, who rendered
first aid to young Johnson, said that
Peter was under the influence of liquor,
and that he detected the odor while
the defendant was in his treating room.
He said he determined that Peter was
under liquors influence by his manner
of talking, and said that the odor was
very noticeable. On croSS-eXamination
DR.. Perry admitted that Peter helped
the policeman bring the boy into his
Office, and that he later held the lads
hands while he was treating him.
Mrs. Walter Johnson, mother of the
boy, said that she noticed the odor Of
TlAko xTyINt {v1 6A
treating room of the doctors Office, but
would not testify that he was under the
influence of it. She insisted, on cross
examination, that it did not come from
some one else in the room.
Witnesses for the defense who also
were at the Bethesda Club testified that
they did not see Peter do anything
which indicated that he was under the
influence of liquor. Many of the wit
nesses were members Of the dinner
party, which started from the home
of Mrs. John A. Holmes. It was testi-
fled that Peter there had couple Of
cocktails, which were made of gin and
fruit juices.
They later testified that at the time
of the accident Peter did everything
that he could to assist the boy. Miss
Bonnie Holmes, who was in the car
with him at the time of the accident,
said that they were blinded by the
lights of an approaching car. She said
that Peter was not drunk when he left
the club, because if he had been she
would not have allowed him to drive
the car. She testified that the Johnson
boy told them Immediately after the
accident that it was all his fault.
Said He Had Two Cocktails.
Peter, taking the stand in his own
behalf, testified that he had two cock
tails on the day of the accident. one
at 4:30 o'clock and one at $50 o'clock.
He said, however, that they mad abb
solutely no effect on him. He told the
court that he was blinded by the lights
Of an approaching automobile. and did
not see the boy until he was but foot
or two from the car. He testified that
he applied his brakes, ana pulled for
the center of the road. When the car
stopped, he said, the boy was opposite
the rear wheel of his car.
Albert Bouic, attorney, testified that
he saw Peter short time after the
accident, and drove with him from DR..
Pery's Office to the hospital, following
the car conveying the johnson boy. lie
said that he could not detect the od9r
Of liquor on the defendants breath.
The warrant for the charge which
was tried today was not sworn out until
ave days after the accident. Oldfield
charged him with reckless driving at
the time. The driving drunk charge
followed the issuance Of orders by Or.
Perry for an investigation, after COM
plants by club women.
The defendant was represented by
Attorneys Thomas L. Dawson and
Stedman Prescott.