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Show GESAS BOUND OVER ' TO DISTRICT COURT V l Must Submit to Trial for In . voluntary Manslaughter m Auto Accident SPEED IS CONSIDERED Justice Martmeau Decides That Sufficient Caution Was Not Exercised Jesse Gesas charged v. th involuntary manslaughter in connection w th the death "oveniber 13 of Edward L Davies as the result of an automobile accident was yesterday held to the district court for trial at the conclu aion of the arguments on the mot on for dismissal before Justice of the Peace L R. Martineau Jr Gesas was the driver of the automob le wh ch on the nint of November 13 struck and fa tally injured Davies and Miss Gladjs Mitchell, h fiancee Test mony in the preliminary hear ng on the manslaughter charge was taken three weeks ago but argument on the motion for dism ssal was not had until je6terday morn ins It was admitted by both state and defendant that the quest on of the h ability of Gesas re ted Upon the issue as to whether his lawful act m driving the car was done in an un lawful manner boren X. Christensen who appeared for Gesas, argued in support of the motion for dismiss ng the complaint that the defendant was dome a lawful act -in a lawful manner and that the unfortunate result of the acc dent that i cost two human lives was due to un foreseen circumstances and to careless nes on the part of the vi tuns who were, ha believed so engro sed in each other s company that they were ob v i, ions of all danger nd did not take ftf ordinary precautions to avoid be ng I struck. Faced Consequences Mr Chnstenen held that Gesas was drxvnng at a reasonable rate- of speed ! joa no was on tue proper siae oi tne f KP track, that he did not pass the l fa while it was standing still and I that he had no notice that the victims S Would step out from behind the mov Ef jarg ear and collide with the antomo Birae xxl their attempt to cross the E, afreet. He said that had Gesas chosen S& to have run away it was a grave ques Sr tinf whether or not he could ever have Ep&een connected directly with the acci KpTkaroId iL Stephens assistant county gaBoriey. opposing the moticm for d 3 IE rSfesal and urging the holding of Ge EPaifto tho district court declared that Kin.te evidence dearly efiowed that the fefeiffanl, had he been acting in a law Bfe-ira manner could not have caused the . tsagie accident. He said that if Gesas wits drrruig his anto so close to the Br street ear that he struck the victims ft as soon as they stepped from the Tear Si Xtbeto.it was his defy to he driving so i.i slowly that the anto could be stopped U immediately Speed Unreasonable i If Gesaa was driving a considerable S" distance from the side of the car con tended Mr Stephens, then it was his duty to have seen Davies and Miss Mitchell in time to avoid striking chem. He said the evidence showed that Gesas was driving at more than twenty miles an hour an unreasonable rate of speed considering the narrow street and: the dark night and was not acting with doe care, caution and regard re-gard for the safety of life At the conclusion of the arguments Jndse Martmeau overruled the motion for dismissal of the complaint and or dered Gesas held for trial to the district dis-trict court The defendant has since a few days after his arrest been at liberty under a bond of $1000 The penalty for involuntary man slaughter is imprisonment for not more than one year or a fine of not more than $1000 |