Evening star., 1947-02-06
Trial Justice Dismisse!
Case Against Driver
In Highway Death

CnargeS OF Involuntary man
slaughter and failure to stop to
identify himself after a traffic acci-
dent against Daniel G. Sauveur, %,
of 709 Washington avenue, Falls
Church, were dismissed yesterday at
a preliminary hearing before Trial
Justice Harry Carrico in Fairfax.
The charges grew out of the fatal
accident early Saturday on Route l,
S miles south of Alexandria, in
which Mrs. Clara Born, 40, was
killed.
Before dismissing the charges,
Judge Carrico observed that a pre-
liminary hearing is not to deter
mine the final guilt or innocence of
a person. With respect to the hit
and-run charge, he said, the evil
dence offered by Assistant Com
monwealth's Attorney L. H. Gibson
was in conflict inasmuch as State
trooper gave one account while three
other prosecution witnesses gave
another version. The prosecution
evidence must agree on its basic
points, he observed. Also, he said
the evidence would not support a
manslaughter charge.
Mr.. Sauveur did not testify al
the hearing.
Cab Driver Testifies. ~
Charles N. Hirst, cab driver, 1842
Maryland avenue NE, testified he
was returning from Fort Belvoi1
when stopped by two men at the
scene of the accident and asked to
pursue a car. He said he was told the
car had killed Mrs. Born, whose
body was on the highway.
Mr.. Hirst said he overlook the
car about two miles away, He iden-
titled the driver as Mr.. Sauveur and
said the cars windshield and one
headlight were broken. He could not
say how fast he travelled to over
take Mr.. Sauveur because his speed
ometer was broken but he was driv-
ing as fast as his 1916 car would go.
He quoted Mr.. Sauveur as saying
he thought something had hit him
but he did not know what it was.
He and Mr.. Sauveur returned to
the scene of the accident about is
minutes after it happened and po-
lice did not arrive for another Is or
20 minutes, the cab driver said.
Two other witnesses, Thomas T.
Dingess, 1867 Good Hope road Sc,
and William Means, 1924 Belmont
street NV, identified themselves
as Photographic darkroom workers
employed with Mrs. Born in a
night club Photographic concession.
Mrs. Born came to Washington re-
Gently from Wichita, Kans., and
was working as a photographer in
a tavern.
Mr.. Dingess said he did not in
form State Trooper James w. Clark
of the full details because he did
not seem interested in obtaining
more than my name, address and
telephone number" the morning of
the investigation. Mr.. Means gave
a SIMILAR explanation of this phase
of the police investigation and de-
scribed police inquiry as poor.
Police Arrival Delayed.
Trooper Clark said he arrived on
the scene at about 1886 am. Tes-
timony of another witness indi-
Gated that telephone difficulties had
delayed police notification.
Trooper Clarke quoted Mr.. Sau-
veur as saying he thought rock had
hit him and he had proceeded-he
didn't say how far-before he de-
cided to come back. The policeman
said he did not know of possible
hit-and-run aspects of the case un-
tilhe returned to duty Sunday night
and learned Mr.. Means and Mr..
Dingess had furnished additional
information at Alexandria police
headquarters q few hours after the
accident.
Under cross examination, Mr..
Means and Mr.. Dingess both ad-
mitted they had not told Trooper
Clarke that the car that struck Mrs.
Born was chased by a cab.
Trooper Clarke said the right side
of Mr.. Sauveur's face was bleeding
and shattered glass from the wind
shield was in his eyes and ears. He
also said there was no indication
from Mr.. Means and Mr.. DingesS
that the automobile was travelling
at an excessive speed or in any i'm
proper manner.