Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1934-09-21
GARRETT co.
COURT ACCOUNTS
Gee WORKER
Captain BabbingtOn And Lieut.
enant Williams Connected
With The Case
FRANK O'BRIEN CHARGED
WITH MANSLAUGHTER

A court trial which has just been
completed at Oakland, Garrett County,
contains some local interest due to the
fact that Pocomoke people became
acquainted with certain parties invol-
we'd who were in charge of the CCC
camp while it was in operation near
this city-notably Capt. Thomas A.
Darlington and Lieutenant Macon G.
Williams.
The history of the case as given to
the press is as follows: On Septem-
Der 1, Frank O'Brien, CCC worker
at the Grantsville, Garrett County,
camp, was sent to another camp in
the ambulance to get two other work
ers for removal to the Walter Reed
Hospital at Washington.
O'Brien was returning to the camp
with the two men when he struck a
tree. Clarence C. Kendall was killed
and Harry Ettel, the other CCC work
er, and O'Brien were injured. In the
ambulance besides the CCC members
was woman and Sc worth of whiskey.
O'Brien was arrested on charges of
manslaughter and drunken driving.
At the trial, Chief Judge D. Lindley
Sloan, of the Fourth Judicial Circuit
held there could be no criminal neg
ligence unless drunken driving was
proved, the Associated Press reported.
Testimony was submitted to prove
that O'Brien was not intoxicated and
that he was driving under orders from
Capt. Thomas A. Darlington, Infantry
Reserve, of Washington.
Captain Darlington, First Lieut.
John H. Kroeger, Air Corps Reserve,
Washington, and First Lieut., Russell
B. Smilye, Medical Corps Reserve,
Salem, Va, were arrested. Orders
for their arrest came from Maj. Gen.
Paul B. Malone, corps area command
err, after an inspector from the office
of Major M. Logan, Inspector General
for the Third Corps Area, had made
an investigation.
Captain Darlington was transferred
to Fort George C. Mead, while the
other two officers were kept at Grants
vile as witnesses in the trial of
O'Brien. First Lieutenant Macon G..
Williams, Engineer Corps Reserve, Of
Hyattsville, stationed at the CCC camp
at Deed Creek, was placed in command
of the Grantsville camp temporarily.
The inspectors report to General
Malone was to the effect that the
three officers at the Grantsville camp
had made up fund of $6-which was
turned over to O'Brien before he set
out on his trip to get Kendall and
Ethel.
Lieutenant Kroeger testified at the
trial that Captain Darlington had or
dered O'Brien to drive to the other
camp to pick up the two patients. He
testified that the camp commander
told the driver to return by way of
Oakland, pick up girl named Helen
Himebaugh and give her Sc with which
to buy liquor.
The commander of the other camp,
Lieut. Thomas Collins, testified that
O'Brien was not drunk when he ar
rived there. Mrs. w. A. Gender Oak
land shopkeeper, said the man ap-
peared sober when he came into her
place to ask "for a girl by the name
of Himebaugh."
Everett Horton said O'Brien was
sober before he left Oakland, and
Hoyt Roswell asserted he saw a girl
get into the machine with package.
O'Brien testified he was ordered to
pick up the girl, whom he had "never
seen before" He said he had drunk
one bottle of beer, was sober at the
time of the accident, but dazed after
wards. He asserted he pulled to the
side of the road to let car pass and
hit the tree.
Sheriff Walter H. Haenstling tes-
titled that when he arrived at the
scene he asked O'Brien: you're pref
ty drunk, aren't you?" O'Brien, he
said, replied he had had Several" but
was mot drunk"
w. w. Dawson, States Attorney,
exhibited two full bottles of bonded
liquor and one nearly empty pint bot
tie of "moonshine," he said were found