Who was driving the car that ran into a car driven by Miss Dora Thompson of McDonald on the hard-surfaced highway about 1 mile west of here Saturday night, causing serious injuries to Miss Thompson’s sister, Mrs. W.S. Alexander, is the question that is being heard here since the verdict of not guilty returned Friday afternoon in Recorder P.S. Kornegay’s court in favor of Mr. W.F. Barnes, who had been charged with being responsible for the accident.
Mr. Barnes was in court early Friday morning to contest the charges of reckless driving and driving an automobile while under the influence of whiskey. Miss Dora Thompson was the first witness presented by the State and she told of driving near the National cotton mill when she saw an automobile coming diagonally across the highway and of the car striking the car she was driving, turning it over on the side and pinning her sister under it. She stated she was positive that the car was coming toward Lumberton, and on cross-examination stated that she did not remember telling anyone that the car which struck her car was coming from the direction of Lumberton.
Dr. S.L. Whitehead, who treated Mrs. Alexander, testified that the injuries consisted of five or six broken ribs, a broken collar bone, and other minor injuries.
Whiskey Charge Dismissed
It was the contention of the State that Mr. Barnes was under the influence of whiskey, but Recorder Kornegay dismissed that charge before the noon recess. The State’s best witness was Mr. W.A. Howell, who testified that he was riding in the car with Mr. Barnes when the car ran into the car driven by Miss Thompson. He also testified that he was walking along the highway with Mr. Evans Bailey, a man who appears to be about 60 years old, when the car driven by Mr. Barnes struck Mr. Bailey and knocked him down. This, the witness said, happened about 5 minutes before the wreck. After Mr. Bailey was knocked down, he and Mr. Howell got in the car with Mr. Barnes to ride to a store a short distance away. Mr. Howell would not say that Mr. Barnes was drinking, but repeatedly stated that there was “something wrong with him.” He claimed that he did not see a third car mixed up in the accident, as was later brought out in some conflicting evidence.
The Mysterious Car
This evidence tended to show that while Mr. Barnes was driving very moderately on the right side of the road coming in the direction of Lumberton, a car driven by Miss Thompson was going in the opposite direction and on the right side of the road. The mysterious car came from the direction of Lumberton and in an effort to pass Miss Thompson’s car went too far to the left and struck Mr. Barnes’ car, after which it struck the car driven by Miss Thompson. Miss Thompson testified that she did not see the car. Mr. Howell said he did not see the car, and Mr. Bailey stated that he could not recall anything about it as he was very nervous and excited. On cross-examination Mr. Howell was heavily attacked by the attorney appearing for Mr. Barnes and held his own admirably. He stuck to his story throughout and claimed to the last that the car in wich he was riding was the one that struck the car driven by Miss Thompson. But there was not sufficient corroborative evidence to satisfy the recorder. Mr. Howell stated that the car which was turned over while lying practically off the pavement, while many defense witnesses testified that the car was more than two-thirds on the pavement.
There was considerable evidence that Mr. Barnes’ car was was badly damaged in the wreck, the front wheel being demolished, which caused the car to swerve to the left side of the road, where it was found by officers. It was the contention of the State that Mr. Barnes’ car was struck by a car other than Miss Thompson’s causing the spokes in Mr. Barnes car to be broken off and a long indentation made in the cement. The scar on the cement started about 18 inches from the center of the road on the right side, the side Mr. Barnes’ witnesses claimed he was at the time of the wreck. The scar extended from this point to a place on the left side of the road where the Barnes’ car stopped. This was corroborated by many witnesses.
Move to Dismiss
At the close of the State’s testimony the defense moved for dismissal. Recorder Kornegay stated that he would dismiss the liquor charge, but that he wanted to hear further evidence for the defense. Here the big gun for Mr. Barnes was fired with witnesses testifying in corroboration that an automobile with very poor lights was seen going in the direction of Maxton only a few seconds after the crash, and that this automobile could not have passed the wreck after the crash. A storekeeper 75 yards from were the accient took place testified that he heard the crash and by the time he could run to the front of the store the mysterious car passed. Another witness stated that he saw a car several hundred yards up the road from the accident. He stated that the car stopped and was starting off again and that the occupants were cursing and appeared to be intoxicated. Other witnesses testified that they heard another car after the wreck, but the State tore down part of the circumstantial evidence by forcing the witnesses to admit that traffic was very heavy at ythat time of night and many car were passing at all times.
Called the Sheriff
As a strengthening point the State tried to show that Mr. Barnes evaded arrest, but on cross-examination Sheriff B.F. McMillan stated that Mr. Barnes called him over the ‘phone about 11:30 that night and told him that he had heard officers were looking for him and that he would come to the court house then but the officer told him that he could wait until the next morning. Mr. Barnes came to the sheriff’s office the next morning and was placed under a $1,000 bond.
The court room was well filled with witnesses and spectators, much interested in the affair being very evident. Had not Recorder Kornegay dismissed the case without argument, the entire day would have been consumed with the grind.
From the front page of The Robesonian, Lumberton, N.C., Monday, Nov. 30, 1925
newspapers.digitalnc.org/lccn/sn84026483/1925-11-30/ed-1/seq-1/
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