Milford chronicle., 1955-07-08
GEORGETOWN


A jury late Tuesday afternoon
found Harold Clayton Downs. "a.
OF the Milton area. guilty of motor
vehicle maHslaughter in the death
on February is, 1854. of Miss Doris
E. Spencer, of Milton.
AS soon as the verdict was an
nounced. Everett F. Warrington.
attorney for Downs. made appli-
cation for probation for his client
and pre-sentence investigation
was ordered.
The case was OF particular in
terest in that it was the first case
OF motor vehicle manslaughter
actual trial in Sussex County Su-
perior Court in quite few years.
In most of the cases. arguments
have been made over counts in the
indictments and when they have
been adjusted, the accused has
pleaded guilty. For that reason,
no actual trials have been held.
Attorney Warrington fought this
particular case on the grounds
that the admitted negligence OF
the accused in taking his eyes of
the road, did not constitute, such
gross and "wanton" negligence as
made him guilty of criminal man.
slaughter. He defined the differ
ence between being responsible in
the civil courts and being respon-
sible In the criminal courts.
Downs was indicted year ago
for the death of Miss Doris f.
Spencer on the Milton-B -Broadkill
Beach Rd., on Feb. 16. 1854. He
had not yet been arranged and
pleaded not guilty Tuesday MORN
ing.
There were five counts in the
indictment against Downs-for
not maintaining a proper lookout:
for not having his car under proper
control; for wanton disregard of
the safety of others; for speed
greater than is reasonable or
prudent" and for not reducing his
speed at a curve.
Chief Deputy Attorney General
Herbert L. Goblin, Wilmington, and
Deputy Attorney General Ralph
s. Baker, Georgetown, conducted
the prosecution. Deputy Attorney
General Joseph Craven was pres
ent
Goblin gave the opening outline
for the state, saying that they did
not contend that the manslaughter
involved had any element of malice
to it and that the charge was in
voluntary manslaughter but that
he believed the facts would show
that Downs was going too fast at
the time of the crash and that he
wasn't paying proper attention to
his driving.
The chief deputy attorney gen.
eral sketched the accident briefly,
saying that Downs was going to-
ward Milton and while rounding
an IS" turn, ran off the road,
struck culvert, crossed the road
and the car turned over three
times He said that the car travel
ed SCI feet after it left the high
way.
Three members of the State Po-
lice testified concerning their in
of the accident. They
produced a large blackboard on
which had been drawn map of
the highway on which the accident
occurred and showed pictures |
taken shortly after the accident.
State Police to testify were 1t.
Walter Sherwin, Trooper William
j. Walls and Trooper Thomas
Everett. DR.. Ottakar Pollack told
Of Miss Spencer's injuries, includ-
ng a fractured skull, broken neck,
Fractured pelvis. broken arm and
eg and numerous other injuries.
Downs took sthe stand in his
own defense. saying that he was
irving 45 or so miles an hour,
hat he looked toward the back of
he car where something had
ALLEN to the floor, heard Miss
spencer call out, Look out, Har-
I'D, then struck the abutment
snd lost control of the car.
A dramatic sidelight of the ac-
,ident at the time was that Fire
chief Victor Spencer, of Milton,
was called to the scene to drive
he ambulance. not knowing, of
that it was his own niece
who had been killed.