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LIVELY RELEASED ON CHARGE OF KILLING CHILD WITH AUTO«. Jury Holds Severe Mental Strain Caused Him to Flee From Scene of Automobile Accident in Which 1 Little Carmon Nelson Lost Life.v*hrMl■[ Wm. Lively was found not guilty in ’5 circuit court Thursday morning on a j charge of manslaughter The case- is an unusual one and is believed to be . i the first of its kind in this section of , the state, says the Independent:The charge grew out of the death 3 of little Carmon Nelson, who was- killed when struck by an automobile ; driven by Lively. The accident oe- '• curred August 30th of last year and en r the child died the following morning. | OE ' Evidence introduced at the trial show- 1^- ed that the car was traveling at a uilt; 3 moderate rate of speed when the acei- J wl t dent occurred. Acccording to testi-1 HiI mony when Lively first saw the child | th- it was on the sidewalk in company I with a strange man who was leading ar j it by the hand. As the Lively car ]a j Reared a playmate of little Carmon on , s the opposite side of the street, calledhim to “come over.” The child sud-3 denly broke loose from the stranger | Pr i and dashed into the street directly in j Pr• front of the car.evidence tended to show that the i shock of the accident was so great t that Lively suffered from a form of t pr , temporary insanity which caused ‘ ro- him to flee from the scene of the ac-! i cident and to afterward deny it. Hetold a straightforward story in court . Wednesday, however, admitting that j J ’ ; his car struck the child and killed it.Jurors discussing the saee Thursday ( said that the only blame which could j ' * possibly be attached to Lively was ’ that he fled from the scene after the I jK accident occurred. This was condoned i it i -on the ground that he was suffering } Irom great mental strain. *«lI The case was given to the Jury■^WedHesday shortly after four o’clock rlt; t and they reached a verdict at 10 ,- o’cloek the same evening. One of (1 r the jurors stated Thursday that the i first ballot stood eight for conviction j ‘n- and four for acquittal, the result of thes other ballots were as follows: 5-7; onG-6; 10-2 and 12-0. “fi Bert Powell entered a plea of j in e guilty Thursday morning on a charge ylt; t- of grand larceny and was sentenced j,, v to a term in the penitentiary at Vfn Chester.h Aaron Moore plead guilty to grand * s larceny Thursday morning and was given a term In the penitentiary at Chester.August Kelly also entered a plea of guilty of burglary and larceny and1G was sentenced to the penitentiary atto Chester.dllfriasth
Newspaper Details
Carbondale Daily Free Press
Carbondale, Illinois, US
Fri, Sep 19, 1919
Page 2
Full Page
Clipped by
Anonymous
OH, USA 13 Apr 2019
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