Clipped From Galesburg Register-Mail

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 - 1954 the in unit, apprentice, Tells Jury of...
1954 the in unit, apprentice, Tells Jury of Accident That Killed Mate Mrs. Esther Babbitt, 1975 Baird Ave., today described for a Knox County Circuit Court jury an auto collision May 14, 1952, in which her husband, Stephen Babbitt, died. She is defendant, in a suit by Philip C. Theobald, 939 Jefferson St., who is asking $10,000 for injuries he received when the auto he was driving collided with one driven by Mr. Babbitt on a rural road between Henderson and Wataga. The jury also is hearing a $20,000 counter-claim by Mrs. Babbitt for her husband's death. Compares Speeds of Cars "We were going about 20 or 25 miles an hour when I saw another car coming about 50 miles an hour," Mrs. Babbitt testified. She estimated that the Theobald autoj was about 200 feet away when the Babbit) auto entered the intersection where the collision occurred. Over objections by the defendant's counsel, the plaintiff entered in evidence a signed statement admittedly made by Mrs. Babbitt June 5, 1952. Dr. Richard Bick, county deputy coroner, identified the 111. at people the 4 forgery 24, admitted cash the statement as one he received I to from Mrs. Babbitt regarding the accident, Ition less who Rock unhurt, released Mo- car it a feel Hospital He The statement read in part, "We were traveling north about 2:30 p.m. The next event I remember was waking up in Cottage Hospital." Recognizes Signature Earlier under cross-examination by plaintiff's counsel, Mrs. Babbitt said she had not made a sworn statement before Dr. Bick.. She later identified as hers, a signature at the bottom of the statement. Plaintiff Theobald was permitted to testify about the accident after Mrs. Babbitt described the mishap. Monday he had been silenced on accident details because of an Illinois "dead-man" statute which restricts the plaintiff in a suit against a man who is prevented by death from taking the stand. Theobald stated that he was driving 40-45 miles an hour about 300 feet from the intersection when he saw a car approaching from the left about 150 feet from the crossing. Plaintiff: Both Cars Slowed "I started slowing down, as did the other car," Theobald said. The plaintiff stated that his auto entered the intersection first. Counsel for Theobald has maintained that Mr. Babbitt was negligent in failing to yield to a car approaching from the right. Mrs. Babbitt's counter - claim states that Theobald was speeding. The jury is expected to receive the case late this afternoon after hearing closing arguments by counsel. The trial before Judge Riley E. Stevens is now in its third day. fields the learned forgery two Monday Mo. on Deputy and charged Jewel believe reportedly forgery, the cash. Monday which night admitted Saturday Supply and a He confessed authoring, same Copa both streets. jail in by He is hearing

Clipped from
  1. Galesburg Register-Mail,
  2. 17 Feb 1954, Wed,
  3. Page 2

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