Evening star., 1940-02-01

patrol wagon dispatched to the
scene, testified that he found Nc
Kay lying on the left side OF his
car in semi conscious" condition.
He was put on a stretcher, placed In
the patrol car and taken to Gal
linger Hospital. On the ride to
town, the policeman said. he ques-
toned the defendant and he (Mc-
Kay) wanted know what had hap
pened, whether he was in Mary
land or Virginia and If he was
going to a hospital he was glad 1t
was Gallinger because he had a
friend there. Mr.. Martin said there
was noticeable odor of alcohol
on the injured mans breath.
Three other witnesses testified
that they smelled liquor on the
defendants breath at various times
during the night Of December 17-18.
DR.. Luther w. Gray, surgeon in
charge at Gallinger Hospital when
four of the five accident victims
were brought In for treatment, said
that there was q marked odor Of
alcohol on Mr.. McKay's breath"
when he was admitted.
Other accusations of drinking
against the defendant were made by
Precinct Detectives Charles A.
Berry and william r. Greenfield Of
No. II. Mr.. Berry, veteran Of ~
years on the police force. said he
saw Mckay, whom he had known
for some time, staggering down
Nichols avenue near the precinct
station about 11:20 pm. on Decem-
Der II, 1888.
Warned Against Driving.
The officer and his companion
stopped Mckay and told him not
to enter his car, parked nearby.
because he was in no condition to
drive" Mr.. Berry said Mckay was
mot drunk enough to lock up" and
he gave him a friendly warning be-
cause he knew him. Mr.. Greenfield
said he could not identify Mckay
as the man they saw that night but
that his recollection Of the incident
was clear because both policemen
read a police incidental Of the wreck
the following morning at the station
house,
Mckay denied ever having seen
either detective on the evening pre-
ceding the crash. Dr. Bruce H. Ben
nett of the Children's Hospital staff.
formerly staff member at Gallinger
and so employed in December. 1888,
testified that he examined Mckay
the morning after the accident and
that he found no signs Of drinking.
Medford P. Wright. fellow at
tendant at St. Elizabeth's with Nc
Kay and also a tenant at 134l S
street Sc, said he saw the defend
ant arrive and leave his home on
the evening of December II, and
that he detected no liquor on his
breath.
A policeman, Raymond J. Jones Of
No. II precinct, was called as a de-
fense witness. Mr.. Jones. who said
he had known Mckay for "six or
seven years" and helped remove him
lIUII SIlC SCcllc Oh tIlc dCCIUcIlt, Uc-
clare6 that he smelled no liquor
on Mckay.
Character witnesses introduced by
the defense were Mrs. Ann E. Steph-
enson, ITO Chicago street Sc;
Napoleon B. Scott, 2047 Nichols
avenue Sc: Herbert H. Slaughter,
805 Portland street Sc, and Macon
Strothers, 1922 Shannon place Sc.
Other witnesses to testify were Miss
Audrey c. Ketrenback of 5110
Kansas avenue NV, one Of the
three passengers In Mr.. Polling's
automobile who was injured; Paul
j. Moore Of 5719 Fourth street NV,
also a passenger in the Polling car;
Detective Sergt. William j. Liver
man Of the homicide squad, who
investigated the mishap; DR.. Chris
topher J. Murphy, deputy District
coroner, and Mr.. Polling.
Assistant United States Attorney
David A. Hart was the prosecutor
in both Mckay trials.