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C0r0ner’s Jury

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‘THE (IHARLOTTETQIVN GUARDIAN

Deliver_s_ Verdict

(Coiitin uedifrom Page 1)_

' ing of the cars, and the rights of parties and the police. Would you be good enough to tell the Jury what your course of action is in case of an accident. involving seri- ous iniury or death to any party?"

"When the Police receive inform- ation or are notified of a serious accident, the instructions are to im-

niidiiitely respond to the call andi

proceed to the scene oi accident. If lL-IS a serious accident likely to lfllOlVt‘ the tlvatli of a person, ev- cirything is kept in its place until 1Il'f‘pt‘l‘ measurements are taken and Plilllblls gathered. If a person dies very shortly after, or is killed on the spot, lllt‘ Coroner is given not- ification. and after he decides \riicthci' lllc _]lll'\‘ \\'l11 view the scene the exhibits are kept in the custody of the Police tiiitil produced in court "

"What would you say as to the right of Mr. .\'lartin to move one (I1 1118M‘ cars cff the road? l-Ie seems to claim lie had the right to move tlic car."

‘There is no law that I am aware

of that would prohibit him from iii wing El. Bu" if he had moved it t;:».~ Police ii-oiiltl evnntihilly have

mated him .’\l2(1 he would have been nonctl "l give evidence as to crc he rook it from, why‘ he took

.-\ Jurc-r "Is ihcre a law to pro- zcs: liiiii if he did move it?" Witness: "Therc is no law that l .ini auiirc oi. All Mi‘. Merlin would 3 ltave, the slime‘ as any other garage t ntan, would be a provincial license under the Highway Traffic Act. Brit that liccnse does not fill" 111ml t‘: auliiority to more any (‘Iffllblt is rcqiiiri d 11'.‘ liic Police 10f; Coroner's .l-.iry.' ' KI! shiii; Jsiii pmiitlcd he had. n1. veil lhc car." \\"lIl'l(‘&<. "If he had moved it. asi - would he the duty -' hint up and Jake it from

allv riicvvctl?"

"It was flltllNl on my instructions I ii ired out at the scene on . afternoon o.’ September 2. While I avas at the scene of accident there was considerable traffic proceeding out to Stanhope. After the Jury and Coroner had viewed it I asked . of the jurymen to step in the

1-Ic started up the engine, and ‘c or four of us helped to push l5. The car was moved four or five fcct further over on the centre of inc road so that traffic could pass. I was not there when the garage mar. finally moved lt away. The constable remained on duty."

A Juror: “Who owned that bottle rlia; was found?"

' Witness: "Judge Duffy.’

"How do you know?"

“He told me so.“

, The criroiicr: "You have no know- ledge of your own?" .

Witness: "Except that the Judge t"ld me tsriitintarily. as he wished to clear up the talk that was going around."

Juror: “You say there is nothing to prevent anyone from moving the car."

Vl/itncss: "There is no law that I knrrwi of."

"Then if that car had been on the wrong side of the road and was pushed back towards the right side. those 1iartics ivould be on the right

- of the law; it would be perfect- czitimntii?"

'l' woulrlnt say that, Their com- rmii sens.- fll/Ilihl tell them not to touch it ‘llllil the Police arrived. In my cxpr ‘euro of tvienty-seven C.“ -(’.tZh‘. _\'l"."‘.‘~ I have not had much rllfllcultl’ iii investigating a case on that riccvitint. The police, with the hi lp of Lhc law-abiding citizens, can gcr to tne bottom of it."

"There was a statement made by one of the witnesses that the po-

e refused to invcs gate cases. He mentioned a case last fall. Did that ever happen?"

"Not to my knowledge. If he had come to me I would have found out. w-hat it was Biii here is what might happen: In thr- case of a minor accident where two cars would rub together or one back out into an- other, whl/h ivould be purely ac- cidental, with no injury to any per- son or serious damage that. would require the police to proceed there for the purpose of making observa- ll(Il"i,~—'11l that. case an ordinary i-liarizr- should be laid. Hence we rlolrt answer ciills unless of a seri- ci-i. nature. lzkc this; but in minor accidents. as a rule, we don't no out where there is no serious injury."

(icorgc Bell, Cnvehea testified 00 leaving scene of accz-Qcnt with Roy Laird and Mr. Gesner to drive

MARRIAGES

to Peter Freud's, York. He did not smell any liquor on Gsner. nor did he see any. There was no conversa- tion that he remembered. P113110 was not at home and thfly dY°V° Gesner to town to Martin's Straw. then to Gesner‘: broadcasting sta- tion for about an hour, and. then to the Nobana Tea Rooms. Laird then drove Gesner home. He Witness) had nothing to drink while with Gesner. The latter told iivitness ho was going to Peter Freud's to take the car to town. He said nothing to witness about wanting to tele- phone. There were Just the three persons mentioned in the car.

The Coroner: "What did you dis- cuss on your way in?"

Witness: "It was not my place to discuss anything."

"What was discussed?" ~

"Nothing. We were taking the car to Martin's garage."

"Tellus what you talked about on the way."

"Nothingn-iuch; Just about the accident. The young fellow was hurt. We didn't know how badly he was hurt."

"Haw many miles did you drive in?"

l l

l

it. Lind the condition of it." E

W_._Z‘€T_"T—’T‘ )IURRAY-MacPHI-IE—-Ori Septem- ber 9th. at. St. James Church Manse,‘ Charlottetown. by the Ftev. R. Moorhead Lcgatc. D D.. Lloyd Alex- ander Murray to A'ma Buchanan: MacPhec, both of Clyde River.

MacKAY-IRYlNG-AY. thc Par- sonage. .\'1lll'l'..|_'~' Harbor. P.E.I.. Fiatiirrliiy’, Sept. 5. i036. Rev. T El (“ioudgc ofllciaiinc. Mary Jane Irv- in: of Beach Point. to George Sel- lar Ifacrlay of Murray Harbor.

DEATHS

Vassar-At West. Royalty. seft. 6. 1930. Willam Warbtirton Vessey. beloved son of Peter and Olive Vessel’. 38c 22 years.

N. D. MacLean-

UNDIITLIZ EEALIIII

Charlottetown!

Noflh Wllflhb Phil: ID

"Approximately twelve miles."

"That would give time for a good deal of conversation. Tell the Jury what you talked about."

"Well, I can't say. I didn't write down what was said."

‘Tell us what you discussed.“

' “We were talking over the accid- ent and Mr. Gesrier said there was .1 young fellow hurt, and nobody knew how badly he was hurt."

"what dld he say about the ac- cident?"

"He said ‘We were driving along the. road and this car came along,’ and as far as I know he said the car that was meeting him only had one light. He couldn't judge the;

idlstanee how far they were from!

him. The car that was coming to- wards him ran into him. That is what Mr. Gesner said: I wasn't talking to Mr. Duffy at all."

"Give us the rest of the conversa- tionI"

"I-Ie said it was a sandy road Just about where he met them. He kept oft, he. said, to what he thought was safe, and the first thing he knew lie was into him. As far as liquor was concerned I couldn't smell any liquor of! him. in my estimation." "How long did it take you to drive in?" :

“More than half an hour."

"You talked all the way?"

"We talked all the way."

"And in about two minutes you told us all you talked? There must.‘ be a lot more."

“There may have been a lot more."

"Tell us what 1t was."

Juror: “He was iin hour in Mr. Gesners studio too. I think he said."

Witness: "Well. it was the first time I was in Mr. Gesner-‘s studio ln my life. We had some music."

The Coroner: ‘What sort of mu- sic?"

Witness: "I can't exactly say."

“Was it orchestral music or dance music?"

"Orchestral. in my estimation. I Wnsn‘t thinking a lot about it."

"You went into the studi0—"

"we didn't exactly go into the studio." ,

"Where did you I0?"

“We went into Martin's garage."

"Is that where you had the mu- sic?"

"Ne, but Mr, Gesner ordered a wrecking car to go out and get Mr. Duffy's car, but I think tl-ie Police didn't allow him."

"Get back to the studio and the music."

"We went to the studio from Mr. Martin's garage. He played some music, as I take it."

"who played the music?"

"Mr. Gesner. No, it, was not Mr. Gesner. There was another gentle- man there, a thin-faced man. I don't. know who he was."

"Did you ever see him before?"

“N03.

"Did you ever see him since?"

"No?

"What was he called?"

"There was no name mentioned. He played a few tuna tbere and Mr. Gesner took us to the Nobana. Then Mr. Laird wok Mr. Gesner home. '

"Go bee); to your trip in from the accident. You talked all the way in, you say."

"I didn't talk all the way, no."

“That is what you swore." (Sten- ographlc. report read). "Tell us what you talked about."

"Different things.“

"Tell us ivhat they were."

"We were talking about tho fl- cldent, mostly. all the way in."

"Go on and tcll what it was."

"The first thing we talked about iii-as thi- accident. of course, I asked Mr. Gesner how badly the young lad was hurt."

"You have said that. Give us what further discussion took place."

"I am going to tell it from the start. I asked Mr. Gesner how bad- ly the young lad was hurt. He said he didn't know. From that on he- I can't rememb‘ what he was talking about for half an hour. I didn't take it down in my mind. I haven't got a typewriter in my mind, or anything like that."

"We don't want any of that. smart stuff here. Nobody expects you to l " everything that was said. Tell us what you can."

“I haven't got as good a memory as some people have. but whatever I know I will tell you."

"That ls what we want you to dot Go ahead."-

"That is all I know about it. I asked him how badly the young led was hurt. He said he didn't know. The young fellow was bleeding from the head."

"Did you discuss whose fault it was?" ‘

"I didn't discuss whose fault it was. It was up to him.

"Did you hear that mentioned?"

"No sir. Ip fact if. was not my place to ask him."

l

Juror: "Didn't you just state a ‘r-v minutes ago that Gamer laid

47%

the ear that had only 0n! Uiht rrii into the cu he was sitting in?" Witness: "N0. he Just said it had only one light." Mr. Show: “Dld you smell any liquor off Mr. Gainer?" Witness: "No." "Were you drinking that night?" "N03.

"Were you drinking today?"

“Na.-

"I would like to have someone to sniel! your breath Just now.

The Coroner: "Did you talk to Sergeant Anderson this morning?"

Witness: "Yea sir."

"What did Sgt. you?"

"Hr asked me something concern- ing the night of the accident?"

"Anything else?" ' , I

"He asked me if I was there cur- ing the accident. or previous to the accident. I said no, I was there half an hour after the accident."

The Coroner: "Did you tell Sgt. Anderson this, that you couldn't smell anything off Gesnerk breath but from his actions you thought he had considerable in him?"

Witness: "Probably I did."

. "You did?"

“Probably I did. He might have had a drink in him. I ain't. saving he didn't; I ain't saying he did. I. didn't examine."

"How would youexamine?"

"Well, that ls up to a Coroner, on a. Doctor."

"You undertook to pass on his condition when you told Sgt. An- derson thar from his ‘actions you thought he had a good deal in him."

"Well. from my attitude I thought he had. I am not Judging any- body."

.. . Shaw: "Can you tell us if you saw any liquor when you were in Gesners studio?"

Witness: "No sir."

"Or tasted any?"

“No sir. Never tasted a drink that night or the night before." , Juror "Was this the first time‘ you were with Gesner?"

Witnessz‘ ‘No sir."

"Did you meet him often before?" "Twice before. I didn't know him personally till that time."

Ml’. Shaw: "What time did you leave Mr. Gesner that night?" Witness: "Approximately half- pest eleven."

"What time did you meet, about?" “About half-past nine."

"Do you carry a. watch?"

"No, but everyone said it was about nine when the accident hap- pened." . Juror: "Were you Mr, Gesnei-‘s guest at the Nobaria?" ‘

Witness: "Yes sir."

Dawson Hughes. Covehead. testi- fied to being on scene of accident about 9:45. Did not see anyone at- tempt. to move either of the cars. Heard Judge Duffy say it was a. mystery to hlrn how the accident happened. that there was very little impact at the time of the accident. that he had hardly noticed it. Judge Duffy said he was driving very slowly and that Mr. Gesner first mentioned that the approaching car had only one light. ' Juror "Did you hear any convers- ation regarding the speed of the other car."

Witness: "Nothing very definite. I understood it was going not over- ly fast."

"Who said that."

“Well, it was in a crowd. I couldn't say who it was. i "You didn't hear anybody say that this car came up the road at a terrific rate of speed?"

"N03.

"Did you hear anybody abuse

Judge Duffy?"

"No, there was no one said any-

thing that I heard. There were sev-

eral talking to him.

"What did they say?"

"They were telling him more or

less that it was his fault."

Witness stated he was not on the

scene tlll half an hour after the

accident.

Norman Anderson, Sergeant, Roy-

al Canadian Mounted Police, testi-

fied to receiving a phone call at

10:10 p. m. Sept. 1 to the effect

that there had been a. car accident

on the Oovehead Road and that a patient had been admitted to the hospital. "Constable Strong and I proceeded to the hospital, and there met a. man whom I now identify as Thomas Horgan. senior. Mr. Hor-

gan explained the details of the ac-

cident. I also met Dr. Ledweil at

that time. Dr. Ledwell intimated

the boy was seriously injured. Con-

stables Swindell. Strong and my-

self proceeded to the scene of the

accident, arriving there at approx-

imately 10:45 or 10:50. 0n arriving I noticed a. large number of people

around the cars. There was one car i the middle of the road. a Hudson

s an, license No. 2388. Judge Duffy

was there at the time and told me it was his car. On the road with

the rear end in the ditch was a Chevrolet car. license No. 4308. which I understand belonged to the Hor-

gan family and was the car with

which Michael Horgan was riding

on the running board at the time

of the accident. In discussing the

incident with Judge Duffy he poin-

ted to where a pool of blood: had

been on the road, as where the boy

had been picked up. This spot on the road was about even with the back door of the Hudson sedan. The front window of the Hudson sedan was driven in, the left headlight broken and the rlm was missing. On later measurement it was found that there was glass around an area of approximately four or five feet on the ground, in a south easterly direction from the position the Hudson sedan was in at that time. These measurements were not taken until the following day. Sept. z, After a number of inquiries Judge Duffy explained how this other car was coming up the road. Just be- fore the impact Gesner had said to him something about a car with only one light. ‘The Judge had put on his brakes and at the time the other oar ran into him his car was practically stopped. Asked if he was in any way injured. he said he felt a little impact. Judge Duffy. I would any. was very excitable, nervous but there was no smell of liquor. He was at that time mioklng a cigar. Later Judge Duffy accompanied Constables Bwindell and myself to the barracks. We arrived in the vicinity of 12:30. At no time that night did I smell intoxlcanl. from

Anderson ask

Judge Duffy's breath. Before leav- ing the scene Constable Strong was

placed in charge with 111517116001’! 111M’. nothing ivhfltflfl‘ W" °° h? interfered with until I returned the ‘ following mornlni- 1 "I'm" m" stnicted Constable Deakiri to replace y constable Strong at 4:30 the follow’- .lowlng morning and remain there ‘ till I came out. On the morning 0t I Sept. a Constable Bwilldell Mr. Cook y f the photographer. and myself went ‘out to the scene, arriving shortly i after nine o'clock. A survey indica- ted everything apparently as it was ,left the evening previous. Photo- : graphs were taken by Mr. Cook. lSonietiine after I0 o'clock that , morning Mr. Rieardon. provincial i surveyor. came out. I assisted him l with certain measurements. At that time the Hudson car was in the same position that it was on the arrival of myself and the other con- t stables the night previous. The , Chevrolet car was still in the same i position on the east side of the road. , The Hudson car appeared to be l about the centre of the road with 1 the front wheel in a south-easterly j direction. The left wheel was driv- ' eii under the apron of the left front fender. Immediately in front of this car there were no pieces of glass until the glass which I pre- viously mentioned as being five feet iii a. southeasterly direction from the headlight. The right headlight of the Hudson car was different to the broken pieces of lens which were lying- on the road. I asked Judge Duffy about the headlight and he said. ‘Yes. that is the broken piece

of my headlight lying there on the ground.’ On Tuesday evening I no- l ticed tire imprints under the right. rear wheel. Only having a flash-i light, no measurements were taken} but on Wednesday the measurement - was taken of this imprint which measured 5 feet 1 inch from the centre of the hub cap. This imprint was in a. slightly south-easterly direction from the pcsltlon of the car at that time. There was another thing quite no- ticeable under this Hudson car. That is that it appeared from thc. lay of the surface that thcre had been nilid hanging: to the fenders or the running board and this mud. as a result of the impact, had dropped down underneath the Hudson car. Why I refer to this (ire imprint of 5 feet l inch is in view o.’ the fact that lt is vcrv clearly seen that this print is fresh after thc imprint of this dirt that xvzis settfcd there. on the crown, after the impact."

Mr. Shaw: "I would like you to make that as clear as yoti can. Was the imprint on the mud that had lodged there?"

"Witness: "No, I can't say that. The mud would appear to have dropped about the centre of the car and there was none further back where this imprint was.

A Juror: “That is our observation too."

Witness: "At the time of our ar- rival, the key of the Hudson car was handed over by Judge Diifiy to Constable Sivdndell and was kept. by Constable Sivindell until the cur was removed from the scene."

Continuing, witness indicated pos- ition of the Chevrolet car 0n sur- veyors sketch. "The right door handle wtas missing, The right front door window was broken. The right bumperet was broken off and lying at the rear of the car. The left side of the car. the front fender. was bent and thrown upwards. The running board was damaged. The rear fender was damaged, in fact there are some holes. I believe, in that fender. ‘Ilielefi door handle was torn off. The right window in the door wtas also broken. I might say that the night prevloiis, with the aid of ii flash-light. I endeav- ored to find some tire imprints. I wtas able to find only one that would in any way correspond with the Chevrolet car. A measurement of that from Line "A" on the sketch would be 100 feet, which was cover- ed with the board as referred to in the evidence of Mr. Reardon. That tire imprint was there for only a short distance: possibly three or four paces was all that. I could fol- low it. There was no tire imprint between that 100 feet and the Chev- rolet car that could be followed ln view of the fact that the around at this particular point is very sandy on that side, and it. had been tramp- led by a number of people walking around. On our plan is shown a hub cap. The hub cap was missing from the left rear wheel of the Chevrolet car. The front hub cap was still on. but slightly damaged when I inspected this car. The iiut which would hold the rear wheel in place on the Chevrolet car was missing."

Continuing, witness gave further detailed description and location of broken parts and bloodmarks as found by him. _

Mrs. Blanchard. wife of Dr. J. E. Blanchard, Charlottctoivn. testified she and hcr husband arrived on the scene about 9:10 p. m. They stop- ped ten or fifteen fcel. in front of the boy lying on the road. Dr. Blanchard got out. of the ciir, gave assistance and took him back to town. witness and companion wait- ing behind. .Shc saw and spoke to Mr. Gesiier. asking him if it was hls car. He said it was Judge Duffy's. Saw Mrs. Horgan and family. Wit- ness was driven home by a young man whom shr- dld not. know.

Juror: “The Judge said he thought he saw lights WhPII he was in the collision. Would that be your car immediately behind the Horgan car?"

Witness: "I have no idea."

"When you were coming along that road did you see a car right ahead of you?"

"I never noticed"

"You didn't notice if there was another car stopped on the left side, Just beyond the bridge?"

"No, I never noticed."

Dr. J. E. Blanchard lltecalledl

Juror: "When you drove up to the scene of accident did you notice any other car parked around there?"

Witness: "No, I didn't see any."

"Yours would be the first car which came alons BYBEIWBId-S?"

"I imagine so, ycs. I don't just

know how long it was. but I was the first car there and the only carj

there." The Coroner: "Could you see the_

drove along?"

...i-.ild. because the cai- was in the

"But drivlnl hlong?"

"No, no."

'3: was too far ahead?"

"ices."

iiir. Shaw: "D0 you know Inv- ihzng about the Hflrgan car llihlfl?"

Witness: "Certainly not, I never was in the car."

"While you were there did you see Judge Duffy?"

“No, all I saw was the I-Iorgan car."

"Do you know, whether Judge Duffy got out of hi.s car?"

"No, I didn't know Judge Duffy was there until the boy told me go- ing in."

Juror: "Where was the boy ly- ing?"

Witness: "I would say it was near the right-hand gutter. with the head towards the gutter."

Witness indicated the approxim- ate position on sketch to the jurors.

Sergeant Andeison (Recalled) continued identification of broken glass. spring, studs, etc, picked up on road. The road measured by him at point where Hudson car was standing was 2B feet from shoulder to shoulder. He continued: "There was quite a bit of talk there that night about the police not being notified. Someone told me that Jiidgc Duffy and a man from Mt. Stewart had said it was not neces- sary to send for the police, that the police wouldn't come out anyway. I Dnssed the remark. ‘Judge Duffy knows better than that, because he kiiriivs in an accident that the po- litre will come out.‘ In due fairness to Judge Duffy I will say he spoke about the incident a few minutes

afterwards. He claimed that-he did not make that remark at that time,"

-Mi". Shaw: "Did he claim that at that time?"

Witness: "Yes. James Gcsner

was not seen by the police at the scene of accident, but later when ivc returned l0 Charlottetown Judge Duffy shoived Conhtable Swindell and I the home where Gesncr rc- sided. We went over to the house. Cicsncr ivas in no condition to be inicrvieivcd. It ivoulj possibly be three hours after the accident."

A _i'tii'or: "What do you iriean being iii no condition?"

Witness: “The man was not nor- iniil. and very abusive to the po- lice."

"Would he be under the influence 0f liquor. or just through excite- nient."

"Thai. would be hard to say. 1 don't think it was through excite- merit."

Mr. Shaw: "What did you say?"

Wll-"esfii "W011. it WES the first time I nict the man.‘ I might say that I asked to use the telephone, which-ivas refused. I asked if he would make any statement with re- gard to the accident which had taken place the night previous. He said he wouldn't talk to us; if there was any talking to be done he would talk to our Inspector.

"Did he talk to the Inspector?"

"I couldn't say."

Inspector Fripps: "No"

Mr. Show: "He hasn't talked with you yet?"

Inspector Fripps: "He has 110g re- ported to me at all."

Sgt. Anderson's evidence contin- 116112--

Mr. Shaw: "What did you say his manner was to you?"

Witness: "Very abusive."

"Can you tell us what the abusive par; of it was?"

"vVell, the abusive part was that. he was a little pill; out, apparently, to think that he should be disturbed at the hour of approximately one o'clock in the morning, m be inter- viewed by the police. He was in his shirt sleeves, and from his actions I ivould say that the man had been drlllklflfl but it was not noticeable from his breath-only from his ac. tlons.

Juror: "Was Judge Duffy present when this conversation was going on?"

Witness: "Yes. In fact Judge D1151’ said, ‘Jim. go on, tell the boys what you can about it, we will help them all we can.‘ "

Juror (Mr. Fullerton): "In your summing up of this case, in all your evidence, you quoted your converse- lion with Judge Duffy regarding the accident. Did you have any convey- siitlon with the driver of the other car?"

Witness: "Not that night."

"Since then?" _

"Ycs."

"You have submitted Judge Duffy's evidence. You quoted Judge Dufiy throughout your speech to us, but you haven't quoted anything that was said to you by the driver of the other car."

Witness: "I was present in court at the time Thomas Horgan Junior gave his evidence, I-Ils evidence is practically identical with hls state- ment as first related to the police. lllcrfifbre I did not consider it was necessary to repeat it."

Continuing. witness said Judge Duffy expressed surprise that. any- one had been hurt. At that time. on the night of the accident, he did not know that this boy was on the ‘running board of the Chevrolet car '

Juror: "I-Ie didn't know when he was talking to you?"

Witness: "He dld not know."

"Did he tcll you what he was doing between the time of the ac- Pldtlnl- and the time that you arriv- c.l on the scene?"

"He mentioned that he had been around there, more or less protect- 10B his car, as it was lii the line of traffic. He did mention that. he would like to have his cai- taken off the road so that ‘it wouldn't be dam. aged further."

Mr. ask you how Judge Duffy was when you were coming in. in the car. I think you already stated that you could not smefl any liquor off him."

Witness: "Yes. in fact. I believe I said that Judge Duffy accompan- 10d Constable swlndell clown to our office."

"Was that the same evening?"

Yes. between that and shortly

by

Shaw: "I am requested to‘

smoking cigars."

"was theirs any indication that he was intoxicated?"

“Judge Duffy was not intoxicated when we first met him. This WU from an hour to an hour and a half after the accident. before we ,saw Judge Duffy. Unfortunately ithe police were not notified until l after the man was in the 099N111"! ‘ room."

Juror (Mr Wonnacott): “Golns back to this impression on the road. would you consider that. impression was made by the tire of Judge Duffy's wheel, on the right rear?"

Witness: "I am quite confident. that the tire impression on the road was from the right rear tire of the Hudson car."

Coroner: "What would that fact lead you b0 infer?"

Witness: "That the car had been moved back."

“How far back?"

"Five feet, one inch.“

Juror: "It was also at different angle?" Witness: "Yes."

"Your impression would be that the car was moved from which side?"

“It would apparently have been moved from the southeast side to- wards the west. Judge Duffy, I might say. explained to me that at the time of the accident his en- gine stalled. Later he started the engine to see if any damage had been done.

The Coroner: ‘Following out your inference. if that Hudson car was moved. it was moved away from the line of the Hudson car?"

Witness: "Yes " . ~ a

Juror King; "would the force of impact between the two cars, one of which the driver claims was only running at the rate of be- t-vfen ihht and ten miles an hour, and another which was practically at a standstill-do you think the force of the impact would stall an engine?" .

Witness: "I don't consider my- self competent to answer that. question intelligently to the jury."

Mr. Shaw: "Lest cvzning after the inquiry had been adjourned. Mr. Thomas Horgan, Junior, came w me and said there was certain information he wanted to ask Judge Duffy, He said I had accorded the privilege to Judge Duffy of letting lilm ask questions through me, and he thought he should have the privilege of asking questions of Judge Duffy. I told him that as far as I was concerned I would be prepared to extend the same priv- ilege to him. Mr. Horgan is hero and I understand his counsel is hm: with him. "I srri prepared to give them the opportunity of ask- ing any questions through me of Judgs Duffy or anyone else."

Judge C. Gavin Duffy (Recalled)

Mr. Shaw: "I am requdsted to ask you regarding the picking up of the rim of your headlight, whether you picked it up yourself or not?"

Witness: “I picked it up. I don't know whether anybody picked it tip first or not

"I think Mr. Gesner stated he did."

"I didn't. sec him. First I noticed that it was lying in front of my front tvl-ieel. I simply picked it up and put it in the fiont seat of my car."

“You said there were two cars men through the bushes Just before the accident."

"I saw the lights of two cars."

"Can you tell us how far they would be apart?"

"I certainly didn't look very much. I was anxious to get. my ccir through this bad place. Then Mr. Gesncr called my attention to this one light. Then the crash canto." '

"Can you tell us where you saw those lights appear?"

"They were coming around the

turn of the road. I noticed in this morning's paper that I said I didn't dim my lights. That, was the reporter's error. I said I had dim- med my lights so that I could see better." ' Questioned further regarding the lights of two cars he had stated to have seen, witness said it was pos- sible he had seen the lights of one car at two different times through the opening of the trees. "My im- pression was and still is. however, that there was another car coming around that bend.”

"You stated the reason you put. on the brakes was because you saw a car coming with only one light."

"That. was one reason. I couldn't judge where the car was and I couldn't take a chance. To make sure I put on the brakes."

"You stated that this (vhrz- car was coming at terrific speed."

“It came on very fast."

"Wlini. would you consider would be terrific speed?"

"Well. it would be more than the ordinary speed. More than eight or ten miles an hour.

A Juror: "Do you think that car was going over thirty miles an hour?"

Witness: "I don't believe it is possible to take eight people up that hill in that Chevrolet car at eight miles an hour and not have the car stalled. '

"The ca;- was in low gear."

“It was not in low gear, I would have heard the rattle of the gear."

The Coroner: "How fast would yoii think it was going?"

Witness: "I wouldn't like to say. but I saw it coming on top of me with great speed."

Juror: "You have said that the car came, smashed the head of lyour car and went into the ditch. ‘In that case. that car must have

been coming up on the right-hand side of the mad."

Witness: “No. I would say it was coming about half way across the road. 1 believe he was endeavoring to turn off and iivold me, and he didn't quite do it by eighteen inches."

after midniZht."

"What would you say as to hlii condition then?"

"His condition. I would say, would be about the same as when

rcar llglit of Horgans car as you I first. met Judge Duffy afici- l1"'

accident, he was nervous, n‘: .'-

Witness: “No, I wouldn't say I ally. He was excited. He was iiiio

Mr. Shaw: "You told Mr. Ander-

.son that your motor stalled."

i Witness: “He says so. I don't re-

' mcmber telling him that." Previous evidence of witness on

‘he subject of the motor was r9-

testified. corroborating Sgt Ander- son's evidence iri part, and giving result. of his examination of dam- age t0 both cars.

Mr. Shaw: "Have you any idea if Judge Duffy's car had been moved?"

Witness: "My idea is that thfi our had been moved from the mark on the road."

"About. how far?"

"That I can't tell. I didn't meas- ure the mark. I would say it was moved back the length of the; mark."

Witness tested the lights of the Korean car in MoGulgarrs garage on the morning of Sept. 2, One light. would not work. It did when the bulb was turned around. The other light was all right.

Questioned by Juror Fullerton, witnesssaid the two lights togeth- er wece not tcstcd on the "dim." The car driver might. have hm both lights working dimmed.

Sergeant Anderson (mcafiedf; "At the time the deceased was brought into the hospital I under- stmd he only had one boot on his foot. This boot- (produced) was found. Someone had laid it on the floor of the Chevrolet car." (Boot identified by Thos. I-Iorgan, Jr., as his brother Michael's.)

The evidence belnfl comllleted, at 5.45 the court-room was cleared for the jury.

Fail To Find Trace 0f Missing Child

(A. P. By Guardian's Special Wire)

DETROIT, Sept. 10-“’1‘he h0t_ test clue so far" in the five-day; search for little Harry Browe col- lapsed today when an excited 24- hour chase of ii. “mysterious stranger" ended with the discovery that he was merely a beer garden- proprlctor who had taken his in. faiit son to Toledo after a quarrel with his wife.