Evening star., 1940-03-29
Directed Verdict
Refused al Trial on
Negligent Homicide
New PIeu Indicated
By Counsel for
Harold Hermunson


engineer on the Justice Department
Building staff, now facing a negli-
gent homicide charge in Police
Court, indicated that they would
renew motion, once overruled, for
q directed verdict when trial pro-
ceedings resumed today.
The motion was first made at the
conclusion of Government testi-
mony yesterday. Defense Attorney
Walter M. Shea, one of three legal
Representatives retained by the de-
fendant, contended the Government
had failed to prove facts alleged in
the information.
Judge Walter J. Casey overruled
the motion after a brief discussion
and granted an exception. He had
last Monday overruled a demurrer
and motion to quash the charge.
Was November Fatality.
The 50-year-old defendant, who
lives at 1923 Maple avenue, Be-
thesda, Md, was held by the coroner
following the traffic death last No.
vember IS of Miss Ada Lee Powell,
<9, of 4344 Ellicott street NV. She
died three hours after being struck,
police said, as she stood in a safety
zone on Wisconsin avenue NV. near
Ellcott street. The accident oc-
Cured at $40 pm. The weather
was clear and the intersection we'll
lighted, inquest witnesses said.
Death resulted from a ruptured
spleen and kidney, multiple frac-
lures, hemorrhage and shock, DR..
Richard Rosenberg deputy coroner,
told the court.
Testimony revealed that Miss
Powell had alighted from a north
bound streetcar a few seconds prior
to the mishap. Another passenger
on the streetcar, Charles R. Cherry
OF 48O9 Forty-flrst street NV, also
got of at that stop and saw Miss
Powell in the safety zone.
MIR. Cherry said he crossed to
the east curb of Wisconsin avenue
and noticed the headlights of a
northbound car approximately 100
feet south of the crosswalk and
close to the east curb. He had
taken only few steps when he
heard a screeching of brakes and a
thud and looked back to see the
woman lying in the street in the
glare OF the cars headlights. He
did not see the impact, he said.
Pvt. Fred L. Stouffer of No. 8
precinct, who investigated, said
tire mark, indicating brake appli-
cation, ran for SO feet. Pvt. Stout
fer said he detected the odor of
alcohol on Mr.. Hermansons breath
after the mishap, but said, in his
opinion, the driver was not drunk.
No witnesses who saw the impact
were discovered, but a pedestrian,
Charles Turner of 4107 Davenport
street NV, heard the screech of
brakes and saw an automobile
come through the safety zone with
a lady over the hood" He said
the car stopped about the middle
OF the intersection" Brakes on
the Hermsnson car were tested
and found satisfactory, police said.
Mr.. Hermanson on the stand said
he was driving north on Wiscon-
SIN avenue about 20 or Is miles
per hour en- route to his home and
that when about blocks south
OF the accident scene a car bear
Ing Pennsylvania license plates
pulled in front of his vehicle and
proceeded in that position (about
IL feet ahead and to Mr.. Her
manson's right as they approached
Ellicott street.
The defendant said he pulled out
onto the street car tracks as he
started past the safety zone and
suddenly the woman "loomed out of
a, clear sky" directly in the path of
has auto. 1t happened so quickly, he
added, that it appeared as if she
had jumped or was thrown into the
front of his car. He jammed on the
brakes and swerved right attempting
to avoid the victim, he declared.
When questioned later at the sta
ton house, the defendant said he
admitted to police that his machine
had hit Miss Powell but that he was
convinced the victim was struck first
by another car. presumably the one
In front of him. He was unable,
however, to give the license number
Of that machine.
Glass Evidence Cited.
Mr.. Hermanson testified that an
unidentified passer-by remarked to
Pvt. Stouffer at the scene of the
mishap that broken glass on the
street would indicate that the de-
fendant's machine was not the one
that did the striking because no
glass on the Hermanson car was
broken. The policeman denied that
any mention of broken glass was
made to him at the time.
To corroborate this contention,
Mr.. Hermanson declared, he phoned
his son Lloyd, 20, from No. 8 pre-
ctnct, and had him go to the scene
and pick up what glass he saw on
the street. Several pieces allegedly
found there by Lloyd were intro
duced as proof of that contention.
Mr.. Hermanson said he had been
driving about 80 years.
Five character witnesses took the
stand in the defendants behalf, in
Guiding Senator Lundeen of Mime
sofa.
Defense attorneys, in addition to
Mr.. Shea, include Arthur J. Hilland
and De Witt S. Hyde. Assistant
United States Attorney David A.
Hart is in charge of prosecution.