Ogden Daily Standard | 1909-03-09 | Page 6 | Denny was Declared Innocent

DENNY WAS! DECLARED INNOCENT COURT EXONERATES HIM OF ANY WRONG DOING. Automobile Was Well Behaved and Denny A. Smyth Waa Not Exceed-Ing Exceed-Ing the Speed Limit at Any Time. The morning grind of police court was taken up largely with the trial r.f Denny A. Smyth, charged with violating vio-lating the automobile ordinance. On of the witnesses for the prosecution was not present, he having disregarded disregard-ed the summons to court on account of the order having been rend to him over the telephone. Attorney Horn, for the defense, opposed a poHtponr. mont of the trial and City Attorney DoVine finally announced that the prosecution would proceed with what witnesses were available. Officer Reast. who made the arrest, stated that he had observed Mr. Smyth driving his machino at a speed of 25 miles an hour down Wanhingtou avo-nue. avo-nue. He had thereupon halted him and demanded the number of his machine. ma-chine. Later in the day, the officer notified no-tified Mr. Smyth that he must appear In court. The witness testified that he was an old railroad man and was, therefore, able to judge the speed at which the machine was being driven. Peter Madson testified that he was in the machine when it was stopped by Officer Reast and that he heard nothing which would lead him to think that Mr. Smyth was being placed plac-ed under arrest. Nor did he think that an Illegal rate of speed had been indulged in-dulged in. Mr Smyth was then called to the stand and proceeded to tell his story which at times was somewhat amud- tniT nnrt hronirht forth nnsMr.rnhlf laughter on tho part of those present. He denied that ho had exceeded the speed limit and claimed that he had, at all times, been as careful about his speed as any man who had ever possessed pos-sessed an automobile and had driven it He admitted that he had a speedometer speedo-meter on his machino, and that, In view of the fact that it cost $75, he held fhat it must be a-good one beyond question. Tho examination of the various witnesses wit-nesses brought on a number of brief exchanges of sarcasm, betweeu the attorneys, the question being raised as to which one was best fitted for the tutorage of the other. The court calmed them, however, and after due deliberation, ordered the defendant dismissed.