Evening star., 1940-02-01
Driver Convicted
In Negligent Homicide
Case Faces Sentence
Ernest F. Mckay Slated
To Appear February 10
Before Judge Mcmahon

Returning verdict Of guilty after
an hour and IS minutes of delibera-
ton, a Police Court jury late yes
terday afternoon brought second
conviction Of negligent homicide
against Ernest F. Mckay Of 1341
S street Sc. in q trial that has
dragged through almost a score OF
delays in the past year.
In view Of the verdict, Mckay,
3s-year-old attendant at st. Eliza
beth's Hospital, faces a maximum
fine of $1,000 or imprisonment for
one year. or both. Judge John P.
Mcmahon set February 10 for SEN
tence.
The be-spectacled defendant was
held by the coroner in connection
with the death of Miss Gladys Karr,
Is, of 1874 Eleventh street Sc, who
died at Casualty Hospital from in
juries received in an automobile
accident December 18. 1898. Miss
Karr was a passenger in car
driven by Theodore Polling of 5719
Fourth street NV. which was in
collision with a machine driven by
Mckay in the 1900 block of Ala
bama avenue Sc. -Four persons IN
addition to Miss Karr were injured
in the crash and both drivers held
by police for action for the coroner.
Mr.. Polling was released after an
inquest.
New Trial Granted in July.
Mr.. Mckay was arraigned be-
fore Judge Hobart Newman on
January Il, 1889, pleaded not guilty,
demanded a jury trial. and was re-
leased under $1,000 bond. The first
jury assignment was scheduled. for
January 3o 1899, but was delayed
by contiruances and reassign-
ments until June when it finally
came to trial A verdict of guilty
was returned on June 7 and mo-
tion for a new trial filed three days
later. After arguments on the mo-
ton, Judge Edward M. Curran took
1t under advisement and one month
later. July 7, granted the right for
a new trial.
Three Government witnesses tes-
titled at the opening of the second
trial late Tuesday afternoon. Mr..
Polling declared that the Mckay
car. travelling at a pretty high rate
of speed" swerved across the road
and struck his automobile almost
head-on. Mr.. Polling said he was
travelling toward Washington at
about 20 to Is miles an hour and
was we'll on the right side of the
road when struck by the east-bound
vehicle.
Denied Taking Drink.
Mckay, on the stand, denied hav-
ing taken a single drink of liquor
during the evening of the mishap.
He said he was on duty at the hos
pital until 1910 pm. December II,
that he drove home. changed clothes,
ate a meal and left for his brothers
home in Maryland about 1l:l5 pm.
He testified that on the pay he
stopped in a pool room to buy Gig
arettes, swung his car into Ala
bama avenue and proceeded east at
a speed estimated mot more than
Is miles an hour"
When he was about a block"
from Polling's car, he declared, he
was blinded by Pollings headlights
and attempted to slow his machine
by jamming on his foot brake. His
foot slipped of the floor pedal and
he then grabbed for the emergency
brake on the left side of the steer
ing wheel.
Mckay said he knew nothing of
what happened after the crash. de-
claring that ne was unconscious
until the early morning Of December
18, coming to" at Gallinger Hos
pital.
Testifies Breath Was Alcoholic.
Policeman Paul 3. Martin Of No.
II precinct, in charge Of the precinct