The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1938-10-14
COURT DISMISSES
DROWNING CASES
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his boat house. ...-'.
He stated that he first saw the
small boat at a distance of about
1000 feet and that it was APP
preaching him. His speed, he said,
was about 6 to 8 miles an hour.
He stated that he passed the
small boat at distance of about
300 feet and glanced in it's direc-
ton when his attention was called
to the fact that there were seven
people in it by Mr.. Eyppers, Jr.,
who was riding on the front seat
with him.
On the return trip, he said, he
first saw the people in the water
at distance Of about 700 or 500
feet. When he saw they had cap
sized he sped in their direction,
then cut his motor to prevent in
jury from the propeller, and slid
by the overturned boat.
He said he saw two heads above
the water as he approached. but
did not see these people after he
got the boat turned around.
He said life preserverS were
thrown out by passengers in his
boat and that the four survivors,
three women and a man, were
pulled into his boat.
He said that he first saw the
accident from 7 to 10 minutes af-
ter he passed the small boat.
He further testified that he
was at the scene of the accident
some time, then took the surviv-
ors to the tea room, returned to
the scene of the accident, remain
ed some time, and went back to
the tea room to express sympathy
to the survivors that same night.
Messrs. Eyppers Junior and
Senior testified substantially the
same as Mr.. Montgomery, al
though they were not as clear as
to details.
w. E. Bates, official of the
Green River mills, testified that
he was on the lake in his boat
when the Rikard boat left the
tea room on the fatal trip. He
said the boat was filled with peo-
pie and that the boat was "be-
tween two and three inches out
of the water, in the center"
Other witnesses who testified
this morning were Paul Thomas,
of Spartanburg. and r. w. Swift
ger, of Louisville, KY, both sum-
mer residents of Lake Summit.
Mr.. Thomas stated that the
Montgomery boat proceeded up
the lake near the northern shore
and he estimated the lake at the
narrowest point to be about 500
feet wide. He said the boat was
travelling slowly. ..~
His attention was attracted by
cries later and he saw there were
people in the water The Mont
gomery boat returned about three
minutes after he heard the cries
and took the survivors out of the
water, he said.
Mr.. SWitzer estimated that the
two boats. passed at distance Of
not less than 200 feet. He said
the first he knew of the accident
was on hearing cries from the
women and that at that time the
Montgomery boat was back on the
scene, ~
MOTION FOR NoN.sUIT AND
DISMISSAL OYERRULED -.
The state rested its case imme-
diately after the noon recess yes.
,terday and defense counsel moved
to dismiss and for judgment OF
non-suit., -'' s-' ..
Z Motion for the non-suit was
argued by j. E. Shipman, and
Donald Russell of Spartanburg.
The motion was overruled by
Judge Piess, who complimented
Mr.. Russell on his argument, bas-
ed on recent rulings of the state
supreme court.
To open it's testimony, the de-
tense called a number of charact-
er witnesses for Mr.. Montgomery.
They were DR.. H. N. Snyder, pres
ident of Wofford college. T. w.
Woodwork, mayor of Spartan
burg, DR.. D. i. Smith of Spartan
burg and Saluda, DR.. w. ii. II.