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Show ROSENTHAL IS ' HELD TO TRIAL Motorist Whose Car Killed Ogden Woman Refused Dismissal "The law imposes a duty on the driver of n motor vehicle ?n use extraordinary ex-traordinary cars not thai Its operation opera-tion Is dangerous hut that it niny bscoms so by Insufficient care In op-. op-. .ration and one at of negligence il pleaded and proved so as to show such act to be the proximate cause Of death in sufficient to men', a conviction con-viction In a criminal ca.e " This was the ruling laid down by Judge D R Roberts In the it coin jrssterdaj afternoon In binding Harry J. Rosenthal over to the district court for trial. Rosenthal is charged charg-ed with Involuntary manslaughter a complaint signed by George Tol-mie. Tol-mie. husband of Mrs. Mary E. Tol-nile. Tol-nile. whosr dealii resulted from lie- Ing struck bj an automobile driven bv Rosenthal it the Intersection of Twenty-fifth street and Monro1! avenue ave-nue on the evening of April V Edgar A Stevenson, assistant postmaster, post-master, vv.-i called during the afternoon after-noon session of the court nnd testified testi-fied having heard th- Impact when ih automobile struck Mr- T0I11 and also 111 respect to the position 01 her body on the car tra.-k. ! mi I that he fiad heard fl signal jlVen by the automobile. Jack Bush, his nephew, testified also as to his attention being ''"'t-ed ''"'t-ed by Ihe sound of the rtiipSCl and to the automobile sklddlnx with Its rear wheels swinging toward him as he stood on the north si'le of Twenty-fifth street after the body hud been struck; to Ihe sound made hy the brakes being applied and thu no warning had been riven bj 1 1 1 - - driver. He also testified 1n.1t Rosenthal Rosen-thal was crying when h helped 10 carry Ihe body into the li'iich counter coun-ter across the street from th" high school C. K. I.eiser. motorcycle officer, testified to having madi an examination examina-tion of the car the following morning morn-ing at i he Alden gain?. ' here Ro- sentbal drove it on Ihe i.ight .-fter the accident. He staled lhat there were no lenses in the hc-.mliphts a no that the reflectors were dirty and plurred. He admitted thai he had not tinned on the headlights nor de-termlned de-termlned the candle power of the IlKhts. Attorney Charles HollInzSwor,th moved to have Lei.ser's testimony stricken out on the ground thit no proper foundation had been l:id for il and also that the time of the examination ex-amination was too far removed from the time of the aocjldont In that tho state had not shown that the nileg-ed nileg-ed condition of the car had nul heen the result of other aus( I I nerven-ing nerven-ing lieiwecn the time ot the acciden' and the examination. CHAUFJ t i ll CAIJ I I To clear up that question County Attome David J Wilson called Arthur Ar-thur Slgler. who testified that he-was he-was n rhauffeur empl.ed at tho Alden Al-den Knrnge, that Rosenthal had driven driv-en the 1 nr there about 10. 70 o'clock on that niRlil of th.- LCCldeht that St was the only tar of ils kind in the garage that niht and that it had Hot been moved before It was examined bv the police H-? testified to It? number being 25801, :n did Motor- jrcle Officer Lelser i.ick Bush h.-id testified to the number belnc; ?b09. What was considered as ihe most damaging testimony to the defendant was tha' of Alfred Gladwell. newspaper news-paper man. who testified that he had interviewed Rosenthal on the morning morn-ing following the accident and that Rosenthal had told him lhat il was raining; that he w.,s riding In the automobile with a young lady, Miss Clara Parker; that they were "Killing "Kill-ing lime" and con-cquently were not in a hurry and m: driving rapidly; that he had been COnfilNOd by Hie glare of the headlights on the wet pavement as m- neared the 'intersection 'intersec-tion of Monroe icenuc and Twenty-fifth street , lhat he saw a str et car standing at the Intersection .is he approachced that r.s ho entered the intersection ihe sti.ot ear was n DVr Ing east while he was driving west and that he did 1 '-member striking something bin did not know whatn was until he had returned and had seen the body There was no croM-examination DISMISSAL ni.MI.D. Attorney Elolllnrsworth then moved mov-ed foi a dismissal Of ih rise on the grounds that the complaint did not state fa 's sufflclaPl to constitute the charge as sh ,wi. bj the evident 6 produced pro-duced and that sufficient evidence had not been produced lo show that the crime had been committed as charged City Judge Robert- In commenting on the testimony stated that It was evident that Rosenthal was not looking look-ing where he was driving as shown hy his admissions which the court 1 uied w.is criminal negHgenCs. when considered with ihe attendant ir-. ir-. umstanccs He then dinted the motion mo-tion for dlsinis.s.-il and bound Ros.-n thai over for trial. fixi?i ths bail at j.lufi |