The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1938-10-13
MONTGOMERY CASE :.
rs in COURT TODAY
Icnntinned f1nm page onel

hut denied that the lhulc'i". =,
was sought here because the civil
action "was going badly .
She SAID that she had never eN-
messed an opinion concerning Ins
responsibility OF any person pLio'
10 rolng home after the acctuen 1,,
bnt admitted that she has never
sIatad tnaC montgomery was 10
blame. .,.,,,,a,,r
5nc denied making a statement
af.+arwald that she dldA I Know
what happened, but said she dio
NOT remember naNng conVefSa-
non with Coroner j. +. Brooka OF
any officers. $780,. r,+o
6lack. ST., and passenger III the
noat. lestltled substantially the
same as the Kisses Rogers. she es-
fjmated the speed OF the boat at
ABOUT p 10 80 miles an houf, anu
said It passed at about % or oo
rect she blamed the waves caus-
ID nv the la ger boat for caPsE-
ulr the smaller boat.
On cross examination she az
mirted that she had a SlO,Ooo
damage action pending against
montgomery in South Carolina.
Claude Lindsey, district forest
warden. testified that he was on
Lake Summit on July 4, 1885, saw
the Montgomery boat travelling
at 4 speed of about 25 miles an
hour. and said it caused waves
about three feet high.
He estimated the size OF the
Montgomery boat at about 81 feet
long. eight feet wide and with a
superstructure about four feet
above the water level.
W. H. Howard, Of Tuxedo, tes-
titled that he was on the north
ern shore OF the lake opposite
where the smaller boat capslzed.
He said he did not see the smaller
boat until the people were crying
for help in the water. He said the
boat capsized about 100 feet from
the south shore and that the Mont
geometry boat passed at distance
of about 140 feet from the south
ern shore.
Four pictures made this week
Of the lake from both shores were
introduced by the state and iden'
titled by A. F. Barber, photOgra'
pher. They were later used by
witness in describing the scene.
DefoiX Greer testified that ne
was near the iron bridge at the
upper end of the lake about a mile
from the scene Of the drowning
He said the Montgomery boat
came up, stopped, and then start
ed back, and about that time he
heard yelling. He said the yelling
was for someone to get Franz
Bell. He said the boat was travel
ling about 20 miles an hour anc
made waves about two feet high
z. A. Griffin testified that he
was on the opposite side of the
lake from the point where the
drowning occurred. He said that
he was on the road, about 20 feet
above the lake level and at a dis
lance of about a half to three
quarters of a mile away.
He said that he saw the two
boats approach, that the smaller
boat was about 100 feet from the
southern shore and that the large
boat passed it at a distance of 20
to 80 feet. ...
He said he saw the wave strike
the smaller boat and capsize it
just as the larger boat passed. He
said he went to the tea room and
then to a point on the southern
shore near the drowning.
He estimated the speed Of the
Montgomery boat at 20 to 30
miles an hour and said it caused
waves about knee high"
The indictments against Mont
gomery were called yesterday aft
ernoon and consolidated in one
case against the defendant who
entered a plea of not guilty.
Solicitor Rulings stated that the
state would ask for manstaught-
,er conviction, contending that it
was through the negligence of
Montgomery that the three people
met their deaths.
Selection of a jury to hear the
case occupied almost an hour and
the jury as finally selected is as
follows: Horace McMurray, J. B.
Whitaker, L. L. Moore, Byers
Johnson, Pink Bright, W. w.
Owenby, H. W. X. Lanning, Ever
EFT Allen, Homer Laughter, Wal
ter Reid, J. E. Lanning and Tom
Egerton.
The first witness called by the
state was Miss Wilma Rogers of
Anderson county, one of four sur
vivors of the boat tragedy in
which the three men died. She
was on the stand during the re-
mainder of the afternoon session
and was given lengthy cross ex-
animation by j. E. Shipman, de-
Tense attorney. ,.
Miss Rogers testified that she
and other members of the party
were riding in boat, owned and
operated by A. L. Rikard of
Greenville, and that they had
gone down the lake a distance of
about mile and a half.
She said that the large boat of
Montgomery appeared opposite
their smaller craft at distance
of about % or 80 feet without
warning and that the larger boat
was travelling about 25 or 80 miles
an hour.
A wave from the larger beat.
she said, ,splashed into the smaller
boat, and second wave washed
Ky ,,accnpoarc nf III ,,~..ll L