The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1938-10-14

Pendleton, Episcopal minister at
Spartanburg, Sheriff Sam Henry
of Spartanburg county, and +. A.
Smyth, III, Of Spartanburg. Later
the defense presented Solicitor
Sam Watts the seventh S. c..
circuit, as character witness.
The defense then called ]. F.
Brooks, coroner at the time of the
drowning. Mr.. Brooks stated that
he went to Lake Summit on Mon
day, the day after the drownings,
and that he talked with Misses
Wilma and Winifred Rogers at
the tearoom.
He quoted one or both as say
ing that the boat accident hap
pened so suddenly that they did
not know what caused it. He said
Montgomery's name was not men
rtioned and that no accusations
were made. Later, he said. ne
talked to Miss Florida Black and
was unable to obtain any definite
information from her. Mr.. Brooks
stated that to this day he had
never found an eye witness to the
accident other than the passeng-
ers in the boat.
The defense called Frank u.
Bell, director of Camp Mondamin,
who was qualified as a boat eX-
pert. Mr.. Bell stated that he was
familiar with the Rikard boat and
that it was l3 feet long, 3 feet III
inches wide and IL inches deep:
He stated that it was his opin,,
ion that three average sized
adults would constitute a safe
load for the boat and that great
er load would cause immediate
danger and "set the stage for an
accident"
The defense attempted to intro
duce pictures made of the boat
carrying seven passengers, but
Judge Pless sustained an obJec-
ton, ruling that it would not be
admissible unless an approxlma-
ton was shown between the seven
people in the picture and those III
the boat at the time of the drown
ing.
Mr.. Bell estimated the weight
Of the people in the picture at
about 1000 pounds and stated il
was his opinion safe load would
not be more than $50 pounds.
On cross examination he esti-
mated the size of the Montgomery
boat at 20 to % feet long, 6 feet
wide and said it was made to
carry large number Of people
He estimated that the boat would
cause waves from 8 to II inches
high at a distance of 30 to AZ
feet from it.
J. T. Fain, Jr., news reporter
testified that he was with Mr.
Brooks when he talked to the
Misses Rogers and that they stat.
ed they didn't know what happen
ed as it was so sudden. r..
On cross examination he admit
ted that newspaper story, pub
lished on Monday after the acct
dent, said that the boat sank from,
a wave from a larger boat, but
added that this information was
obtained from persons not testify
ing in the case.
Mr.. Writ, boat expert of Spar
tanburg, testified that he had
tested the Montgomery boat and
he fixed its maximum speed at
Pip miles per hour.
On cross. examination he said il
made waves of 10 to IL inches
high at that speed.
Before the court adjourned yes
terday afternoon the defense in
troduced dispositions from Leon
Lohenstein of New York City, and
| Archie Joslin Of New York and
Rock Hill, S. C. Both were pass.
engers on the Montgomery boat
at the time of the drownings.
Both men deposed that they met
Montgomery in Asheville and &C.
companied him to Lake Summit
Both said they went for a boat
ride and were driven slowly ur
the northern shore. e..
They said they were travelling
about five to six miles an hour
about $50 to 100 feet off the
northern shore Opposite from the
drowning side). They said they
saw the smaller boat and passed il
at a distance from 800 to $50
feet, went on to the head of the