DRIVER RELEASED ON $1,000 BOND
Cain Pleads Not Guilty to Negligent Homicide
(Special to The Daily News)
Ypsilanti, May 9 – Frederick Cain, jr., 22, son of the assistant postmaster at Ypsilanti, pleaded not guilty and demanded an examination when arraigned at noon today before Justice Arthur Vandersall in local municipal court on a charge of negligent homicide in connection with the deaths of Mr. and Mrs. Carl Stockdale of this city, who were killed the evening of April 28, when struck by an automobile driven by Cain as they were crossing Michigan Ave. just east of the Huron river bridge here.
Examination was set for 10 o’clock Friday morning, May 18, and Cain was released under bond of $1,000 signed by his parents, Frederick and Nina Cain. Complaint was signed by Chief of Police Ralph L. Southard, on “information and belief,” and the warrant was recommended by Prosecutor Albert J. Rapp.
The maximum penalty on such a charge is five years imprisonment and $2,500 fine.
Seven witnesses were heard at the inquest Tuesday evening, several of these giving vivid descriptions of the victims of the accident being hurled through the air “like a flock of flying chickens,” and rolling along the pavement “like sacks of grain.”
With Mr. and Mrs. Stockdale when they were struck and killed by Cain’s car were Mr. and Mrs. Stanley Durham, also of Ypsilanti, who likewise were struck and were seriously injured. Both are in the Beyer Memorial hospital, the former in a serious condition.
Fred Holly, 501 North Washington St., this city, testified that he was seated in a car about 130 feet east of the scene of the accident, and after seeing Cain’s car strike the quartet in the center of the street he ran to the spot and gave what aid he could to the victims. He estimated the speed of Cain’s car at from 40 to 45 miles per hour, and declared that no other car struck the four persons. Miss Audrey Riggs, Holly’s fiancée, also of Ypsilanti, who was seated in the car with Holly, heard a scream a fraction of a second before the persons were struck, and saw the victims thrown into the air for some twenty feet. Miss Riggs, a trained nurse, gave first aid treatment to Mr. Durham, who was bleeding severely.
Bernard Zuppke, 2601 Cortland St., Detroit, was just alighting from his car which he had parked at the curb on the north side of Michigan Ave. when he heard the crash and saw the Cain car careening toward him with at least two persons sprawled upon the hood and fenders. Cain’s car went so far after striking the persons, Zuppke testified, that he jumped into his own car to give chase, believing that the driver of the death car was attempting to flee from the scene. He also estimated Cain’s speed at 40 to 45 miles per hour.
Harle McKenny, Hakins hotel, this city, one of Cain’s companions on the fatal ride, testified that Cain had purchased two pints of whisky at the state liquor store in Ann Arbor early in the evening, but that one had been turned over, unopened, to Harry Sinclair, 11 South Hamilton St., who accompanied Cain and McKenny to Ann Arbor to purchase the liquor.
McKenny stated that he and Cain mixed whisky and coca cola in a local confectionery but did not drink much of the mixture because they did not like the flavor.
Cain then took one fairly small drink of “straight” whisky, MeKenny testified, and treated three young friends who happened to come into the place at that time.
At 10 o’clock, McKenny continued, he and Cain and Miss Marie Mueller, this city, a friend of Cain, drove to several beer gardens in Ypsilanti in search of Sinclair, who had left the party after they returned from Ann Arbor. At each of these places McKenny went in and looked for Sinclair and a woman friend, Cain remaining in the car, he said, and not until they reached the Cameo Gardens, seven miles east of Ypsilanti did they all go in and drink. At this latter place each had one schuper of beer, he testified, and then started back to Ypsilanti.
Cain drove at about 50 miles per hour until reaching the city limits, McKenny said, when he slowed down to an estimated 30 to 40 miles per hour, and was driving at about that speed at the time of the accident. He testified that Cain made no apparent effort to stop his car when he saw the four persons in front of him in the center of the street, but that he did attempt to serve to the left.
Frank Harwood, Route 1, Ypsilanti, testified that he was driving some 50 to 60 feed ahead of Cain’s car, that he heard the crash of the accident and immediately parked his car at the curb. He said Cain’s car was traveling at such high speed that the driver was unable to bring it to a stop until it had passed the spot where Harwood had parked his car after hearing the crash.
Harwood testified that he saw the four persons in the center of the street when he passed the spot, and that there was plenty of room to pass them at the right, between the party and the cars parked along the north side of the street.
Louis Pook, this city, who was driving east on Michigan Ave., at the time of the accident, did not see the actual impact of the car when it struck the four persons, but saw Cain’s car careening toward the south side of Michigan Ave., and saw bodies rolling off it “like bags of grain or bundles of clothing.”
Coroner David N. Robb of this city presided at the inquest, and the witnesses were questioned by Prosecutor Albert J. Rapp. Cain was represented by City Attorney John P. Kirk of Ypsilanti while Louis J. Burke of Ann Arbor represented the company which had insured Cain’s car.
Cain did not take the witness stand, and shortly after the jury retired to consider the evidence Cain left the City hall and went to his work at the United Stove Co.’s factory here. He was accompanied from the room by Miss Mueller.
E. Samuel Taylor, who, with his wife, have temporarily taken Lawrence Stockdale, 12, into their home near this city, was in the courtroom in the interests of the five young Stockdale children who were orphaned by the accident.
Members of the coroner’s jury were Phelps Crouse, William Knight, Charles P. Knapp, Ernest Maddux, Miss Nella DeHaan and Charles B. Francis.
United Stove Co.
Beyer Memorial Hospital
Accidents - Fatal
Accidents - Automobile
Ann Arbor News
Ralph L. Southard
Louis J. Burke
Lawrence C. Stockdale
John P. Kirk
Frederick Cain Sr.
Frederick Cain Jr.
Charles P. Knapp
Charles B. Francis
Albert J. Rapp
David N. Robb