Evening star. [volume] (Washington, D.C.) 1854-1972, 1940-01-31
Driver Goes 10 Trial
Second Time in Year
On Homicide CHARGE
Negligence Accusation
In Traffic Fatality
Heard in Police Court

Ernest F. Mckay, 80, Of 1341 8
street Sc, was brought to trial for
the second time within the last year
on a negligent homicide charge be-
fore Police Court jury late yester-
day.
The case has dragged through
almost "a score of delays, continu-
ances and reassignments, including
first trial conviction last June 7
and subsequent granting of new
trial motion on technical grounds
by Judge Edward M. Curran.
Mr.. Mckay, an attendant at St.
Elizabeth's Hospital, was held by the
coroner following the death of Miss
Gladys Karr, Is, of 1874 Eleventh
street Sc, from injuries received
December Is, 1898, in an automobile
accident in the 1900 block of Ala
bama avenue Sc. in which Mr.. Nc
Kay's car was involved.
Victim Died Same Day.
The victim was a passenger in
machine driven by Theodore Polling
of 5719 Fourth street NV. Paul
Moore, $3.50 Third place NV, and
Audrey Kettenback, 5l10 Kansas
avenue NV, also were in the car.
The accident occurred about am
Miss Karr died at Casualty Hospital
the same day at 8 pm. from cerebral
conclusion, compound fracture of
the left leg and shock, according to
the attending physicians report.
Police investigating the accident
said witnesses reported that the
Mckay machine allegedly swerved
to the wrong side of the highway
striking Mr.. Polling's car on the
left front fender and radiator grill
and throwing Miss Karr to the
street. Both drivers were held for
action of the coroner and Mr.. Poll
ing was subsequently released.
Mr. Mckay was arraigned before
Judge Hobart Newman on January
IA, 1889, pleaded not guilty and
demanded a jury trial. He was re-
leased on $1,000 bond and the case
set for trial January 80, 1899. Eight
delays ensued, including continu-
ances for both sides and reassign-
ments on the court docket before
the first trial was held June and Z.
The defendant was found guilty
on June 7 and defense attorneys
filed a motion for new trial three
days later. Argument on the mo-
ton and continuances went on for
two weeks with Judge Curran final
ly taking it under advisement. On
July Judge Curran granted the
motion and the case was con-
tinued for assignment.
Three Witnesses Called.
Four additional continuances
were granted before the second trial
opened yesterday.
Assistant United States Attorney
David A. Hart called three Gov
eminent witnesses to the stand yes
terday before the court adjourned
They were DR.. Christopher j. Muir
ply, deputy coroner. who performed
the autopsy on Miss Karr's body;
Mr.. Polling. driver of the other ma
chine. and Paul j. Moore, a pas
serger in the Polling car.
Both Mr.. Polling and Mr.. Moore
testified the Polling automobile was
proceeding toward the city at 20 or
Is miles an hour when the accident
occurred Mr.. Polling said he ap-
piled his brakes and pulled far to
the left side of the highway when
he saw Mr. McKay's machine swerve
toward the wrong side of the road,
but was unable to avoid a crash.
Mr.. McKay's car. Mr.. Polling said.
was travelling at "a pretty fast rate"
He said the defendants auto started
to swerve across the road when it
was about so feet in front of his
car.
Other Passengers Injured.
Photographs and measurements
at the scene were made by Pvts.
L. Couture and c. Sickle of the
traffic division. Five pictures we're
introduced in evidence by Mr.. Hart.
Mr.. Moore corroborated Mr.. Poll
ing's testimony up to the minute Of
the crash. He said he didn't hear
or see anything after flash of
lights over the radiator as the two
cars collided. He was semi
conscious for time thereafter. Mr..
Polling's arm was broken and the
other passengers in his car, in addi-
ton to Miss Karr, also were injured
Several other witnesses were to
tsetify today when the trial re-
sumed before Judge John P. Nc
Mahon, presiding judge of Police
Court. Attorneys for Mr.. Mckay
are F. Joseph Donohue and J. B.
Flaherty.