Evening star., 1940-02-28
Driver Guilty
0f.HoI1licide
In Auto Death
Jury Out 80 Minutes;
New Trial to
Be Sought

The conviction carries with It q
maximum fine Of 81 1000 or zone yeal
In jail, or both. Judge Edward M
Curran set March 6 as the date fol
sentence.
Defense Attorney Michael J. Lane
announced that he would file mo-
ton for a new trial within three
days.
Today's conviction was the twenty
ninth guilty verdict rendered by q
Police Court jury since the negligent
homicide act was established by
Congress June II, 1885, Assistant
United States Attorney David A.
Hart. said. A total of 1873 charges
under that offense have been
brought. the other 104 cases being
disposed Of by not guilty or directed
verdicts.
A coroner's jury charged Mr.
Thomas with negligent homicide
following the death Of Mrs. Howard
from injuries received while q pas
senger in an automobile driven by
the defendant which was involved in
q three-car traffic accident at the
intersection of Massachusetts ave-
nue. and Seventeenth street Sc. last
October S.
Drivers Sister Also in Car.
Testimony before the court re-
vealed that Mr.. Thomas was driving
east on Massachusetts, avenue Sc.
en- route to Gallinger Hospital, ac-
companied by his sister, Miss Beulah
Thomas, and Mrs. Howard, the latter
riding alone in the rear seat. As the
Thomas car crossed the intersection
1t was in collision a short distance
south of the center of the intersec-
ton with an automobile going south
on Seventeenth street, driven by
Raymond Holmes. 80, colored, of 1885
Kramer street NE.
After the impact, the Thomas ma
chine careened in zig-Zag fashion
down Massachusetts, avenue, swerved
across on the wrong side of the
thoroughfare and crashed head-on
Into third auto, driven by Edward
Schaefer of 1705 Bay street Sc,
which was going west on the avenue,
testimony disclosed.
Photographs and measurements
made by Policeman j. r. Milstead Of
the TRAFFIC Division at the scene re-
yealed that Thomas car had Travelled
164 feet after striking the first ma
chine before it plowed into the
9chaefer car and overturned at the
north curb of Massachusetts, avenue.
Various speeds ranging from 20 to
% were attributed to the defendants s
car by witnesses. Detective Sergt.
Dewey L. Guest of the homicide
squad, who started his investigation
the following day, testified Thomas
told him he was driving about 20 to
~ miles per hour in the accident
area.
Policeman Robert G. Redding of
No. 5 precinct who investigated and
wrote the accident report, charged
both Thomas and Holmes with reck-
less driving at the time, but Mr..
Holmes later was exonerated by the
coroner.
Gives No Speed ON Thomas Car.
Mr.. Holmes remarked that just
before the crash lit looked like the
Thomas car was going pretty fast" F"
He gave no estimate of the speed,
however. Mr.. Schaefer also declared
on the stand that the defendants s
car appeared to be going pretty
fast"
Brakes on the Holmes machine
were tested and found satisfactory,
police said, but the other two cars
were so badly damaged no tests were
made.
Mr.. Schaefer testified that he was
driving west on Massachusetts, ave-
nue. and tried to avoid the impend-
ing crash by pulling his car to the
north curb. He did not see the first
collision, he said, but the Thomas
vehicle came at him zig-zagging
and finally striking him head-on
When he talked to the defendant a
few moments later, he said Mr..
Thomas told him that he couldn't
avoid the accident because his car
was out Of control.
On the stand, Mr.. Thomas de-
elared he was going 20 to Is miles
per hour prior to the mishap and
that he looked both ways before
going into the intersection. He
slowed down, he said, but Holmes
car came into contact with the left
side of his machine, and was going
about 20 or 70.
He first saw the south -bound
vehicle, Mr.. Thomas said, when II
was short distance past the build
ing line and that it struck his left
rear door, causing his auto ito tilt or
the two right wheels and go out o1
control" He added that he "wrestlec
with the car to keep it from turning
over" and that he couldn't have
stopped it within a shorter distance
without upsetting it.
The defendant denied he had ever
stated to a policeman that he was
going 80 miles per hour and said his
best recollection was 20 to IS. He
also denied that he said he at
tempted to "swerve" his machine in
front of Mr.. Holmes car, but did
admit that he increased his speed
In an effort to avoid the mishap
Policeman Milstead had testified
that Mr.. Thomas told him at th'
time Of the accident he was "goinf
about 80 miles an hour"
Mr.. Thomas declared he had
driven an automobile for more than
is years without q previous acci-
dent and that he had been q resi-
dent Of the District since 1896.
Divorce Decree Grunted
ROCKVILLE, Md, Feb. 70 (Spe.
ciaD Judge Stedman Prescott has
signed q decree in the Circuit Court
here granting to Mrs. Bertha H
Huplet of Germantown, Nd, ar
ahsOlute divorce from Edward n