Clipped From Lebanon Daily News

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BARNES HELD NEGLIGENT IN WOMAN'S DEATH aSag uiojj Lehman Street at a leisurely pace; atsd thus happened to strike Mrs. Cupello as sho was going home from a midnight mass at Sts. Cyril's and Methodius Church/The a jury returned a verdict to the ef- | feet that the accident occurred be- j cause of grossly negligent driving. | In the main part of the hearing the story went uncontradicted but was dramatically shattered near the close when Coroner. Joe D. Boger asked if there were any parties present who could shed any light on the accident. Ellen Lehman, a seventeen-year-old hlgfc school student, of 409 Nortfi Partridge ,,Street, testified that when she saw the Barnes car traveling across Eleventh Street she remarked: "I wouldn't want to be in the path of that car"—the statement being inspired by its speed. She said that the woman was Her . remarks were corroborated by her sister Beatrice Lehman, and their cousin Margaret Mirth, of the same address, who testified that the car was going at high speed. All testified that there j were no other cars approaching from the other directions as the trio dashed across the street to , the side of the fallen woman with- j out hindrance of any kind. They said the only other car on the struck the next instant. I street at the time was parked near Twelfth Street. Barnes encountered further contradictions, as he stated that he did not take any drinks at two clubs and several homes he visited on Christmas Eve, while his own companions testified that he did drink several glasses of beer. Condensed the story of those on tlie stand was that Godfrey Price j ot South Railroad Street, Hum- melstown, a Reading railroad section foreman came to Lebanon, Tuesday evening with his wife, and at a local club met Barnes, and Mrs. Mary McKlnney, at whose home Barnes has a room. Mrs. McKInnqy'B ten-year-old daughter was with the party. They separated after leaving the j club. Barnes delivering the Prices at the- home of relatives, while ho took Mrs. McKlnney and the girl to the home ot Mrs. McKlnney's father, Stephen Tatar, on West Church Street. Mrs. McKinney stated on cross-examination that she warned her sister to serve no drinks to Barnes as he was driving. She said she had no particular reason for the warning:, but did not know whether Barnes had any drinks there or not. Thpre was a later visit to a club at East Lebanon, and later the entire party attended midnight mass at St. .Gertrude's Catholic Church. The witnesses stated that they did not sit together because ot the largo attendance, and did not know whether Barnes remained for the service or not, but was outside at the door when the service wan concluded. Dr. Grant Parsons, who examined Barnes some time after the accident, Kald he could not Hrnell liquor on Barnes but that his breath had a strong odor of a "breath-killer." Michael Cupello, a 2-l-ytsir-oId son of the departed victim, said that ho bad demanded Humes' examination for evidence of Intoxication. Sylvia Chichi, a daughter of the dead woman, who accompanied her mother part of the way home from the service tUated that Harries 1 actions at the lio.spltal occasioned comment, as ho could not talk coherently and Price did ntOMt of the explaining as to tho accident. Mr. and Mrs. Price- nv.d Mrs. McKlnney. all testified that Humes stopped Immediately after the woman \\ux hit. Motorcycle Officer William Fasnacht stated that tho car skidded forty feet in of a up of I I e y e •. , after the brakes had been up- £SHJT=H -S,,:X £.££- " ld Ji " • \\ for District. Attorney Karl A. Bru- bnkcr examined the witnesses. »nd Attorneys K. D. Siegrlst, C. M. Seltzer and Charles T. Hlokernell did soniu cross-examining, but did not «tate whom they represented. Tho jury was made up of Harry Krlll. J. INalne Shirk. Mason J. Albert. William Moudy. James E. Fisher and J. Herbert Manbeck. of

Clipped from
  1. Lebanon Daily News,
  2. 27 Dec 1940, Fri,
  3. Page 14

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  • Clipped by stcc39 – 23 Mar 2013

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