The Republican. [volume] (Oakland, Md.) 1877-current, 1936-08-20
OAKLAND YOUTH CLEARED
OF CRIMINAL NEGLIGENCE
ALIVE Leighton Strikes George
w. Smith Walking Along
Highway Early Sunday
IS DECLARED ACCIDENTAL

A coroner's inquest on Monday
morning absolved Alvie Leighton, IT.
year old son of Mrs. Laura Leighton
and the late o. R. Leighton, of Oak
land, of any criminal negligence in
the death of George w. Smith, 65,
early Sunday morning.
The automobile in which Leighton
was driving struck the man as he was
walking on the highway enroute to
his home at Kings Run, at point
about two miles north of Oakland,
causing his instant death. He received
a fractured skull, broken neck, several
broken ribs and had both legs broken.
The jury found that Smith came to
his death by an unavoidable accident
and recommended that Leighton not
be held for manslaughter, but that he
should be held on charges of failing
to stop and render assistance after
the accident. This charge was brought
later in the day and Leighton was
fined $500 and costs for the offense.
His drivers license was automatical-
ly revoked for his guilt on the charge.
The accident occurred about l
o'clock Sunday morning, and Leigh
ton, after striking the man, failed to
stop, but continued toward Oakland
where he reported the mishap to Err
nest Culp, owner of the car. Mr.. Culp,
employe for Leighton Brothers
Garage, Immediately notified Floyd
Leighton, who got in touch with au-
thorities.
When Leighton was asked why he
didn't stop Immediately he stated, II
was too excited and scared. I didn't
know what to do" Further testimony
before the jury showed that the youth
was badly frightened. Leighton also
testified that Smith had staggered out
in front of the car as it rounded the
DeBerry corner, and that he was al
most upon him before he saw the
man. Leighton stated he swerved the
car and applied the brakes but was
unable to avoid striking him.
Other testimony showed that Smith
had been intoxicated while in Oak
land earlier in the evening. Bruce
Smouse testified that Smith, travelling
north, was staggering in the middle
of the highway short time before he
was struck; and Pearl Kitzmiller, al
so passing in another car, testified
she saw a man along the roadway
near the scene of the accident, but on
! the opposite side from which Smouse
had seen him.
Ralph Rodeheaver, 20, accompany
ing Leighton, also testified that they
hand not seen Smith until too late to
avoid hitting him.
The body was found only a few
minutes after the accident by w. N.
Tillett, travelling north, and he hailed
passing cars and also sent for the
authorities. An investigation was
made by Neil C. Fraley, States At
torney, Clarence Spear, sheriff, ]. w.
Owens, deputy, and Corporal Thomas
Currie.
[ Those serving on the coroner's jury
included 1. R. Rudy, foreman; George
D. White, H. P. Stuck, Paul McIntire,
Leo Helbig, Gladstone Morris, Wilbur
Davis, Samuel Aronhalt, R. C. Nc
Comas, jefferson Ralston, H. L. Bit
ner, and w. R. Browning.
The funeral of Smith was conducted
yesterday afternoon from the Fern
dale church, at Kings Run, with Rev.
A. Bailey, Mt. Lake Park officiating.
Interment was in the cemetery near
by.
Surviving are number of grown
children, and two brothers, Levi
Smith and Ward Smith, of near Oak
land.