Wm. Schlumpberger Found Guilty Of

Careless Driving.

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BOUND OVER TO

DISTRICT COURT

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Elwin Dietz Victim Of

Accident Died Friday.

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Death came to little Elwin, four year old son of Mr. and Mrs. Jos. N. Dietz, residing on North German street, Thursday morning at 9:30 o’clock at the Loretto hospital. Spinal meningitis, resulting from injuries which the child sustained when he was struck by a Ford car while he was playing on North Minnesota street, Wednesday afternoon, June 11, caused his death. Immediately after the accident, medical attention was called and the child was taken to the hospital. He was examined and no broken bones were found. On Saturday the boy begged to be taken to his home and he was taken there, only to be returned to the hospital Sunday afternoon. His condition constantly grew worse and he passed away a week after the accident. The car was driven by Wm. A. Schlumpberger 18 year old son of Albert Schlumpberger.

Elwin Dietz was born November 21919, in this city. He leaves to mourn his death, his parents, one brother Arthur, and two sisters, Lauretta and Martha. Funeral services were held at Holy Trinity church Friday morning at nine o’clock and interment was made in the Catholic cemetery.

Inquest Thursday.

Coroner G. F. Reineke called an inquest Thursday afternoon at four o’clock to determine the exact cause of the little boy’s death. The jury composed of Messers. Geo. Schlottmann, Peter Kitzberger, John Backer. Fred Kretsch, C. P. Eichten and Aug. Thiede heard the case.

Jos. N. Dietz, the father of the unfortunate boy, was called to testify but gave no evidence, other than to identify the body and state that the child had been in excellent health until the accident happened.

Miss Katherine Huse, who resides at 902 No. Minn. St. was sweeping the steps of the porch when she saw the car coming down the street from town at a good rate of speed. She did not see the car hit the child but was one of the first people to reach the scene after the accident happened. She saw the car tracks where the Ford had run up on the boulevard and down the sidewalk.

Mrs. Emil Hacker, 823 No. Minn. St., was the first to reach the child and picked him up, carrying him to her home, and summoning medical aid. She did not see the accident, and knew nothing of it until her little four year old daughter came running into the house saying they had run over Elwin’. When Mrs. Hacker found the child he was lying directly in front of their house on the west side of the street between the road and the sidewalk. He was bleeding from the nose and the mouth and was bruised on the left side of the forehead and the left ankle. Later in the afternoon Mrs. Hacker went out to look at the car tracks.

Post Mortem Held.

Dr. Albert Fritsche attended the child after the accident and said that the first examination showed no bones broken nor any internal injuries. The face was bruised as tho scraped by sand and a slight cut was found over the left eye, and the left ankle was bruised. The child seemed to be in a state of semi-consciousness, talking but it seemed his speech was rambling. This condition might be called concussion of the brain. An X-ray later showed no bones broken. Dr. Fritsche pronounced the child’s death due to the direct or indirect violence and internal injuries resulting from the accident. The first symptom of spinal meningitis appeared Friday evening. The child had regained consciousness and talked a good deal. Coroner Reinoke authorized a post mortem examination to determine the facts of the cause of the attack of meningitis. Dr. O.J. Seifert assisted Dr. Fritsche.

Geo. Polta who was engaged in painting at 808 N. Minn. St., gave the most information of any witness on the accident. He had seen the children playing in the street and had also seen the car coming down the street at a fast rate. He dismounted from the ladder to go around the house to watch the car, having in mind the welfare of the children whom he had seen playing in the middle of the road. The car had struck the child before Mr. Polta got within range of the place where it happened but he noticed that one of the children was missing, at least he could not see him, and when he hurried to the street he saw the boy lying by the road. Mr. Polta said that his idea of the accident had been that the young men who were driving the car were coming down the street too fast to bring their car to a stop, and had turned out to save striking the other two children, and had hit the little boy. In conversation with the young men after it had happened, Mr. Polta stated that they had told him they were in a hurry to get home to dinner and their brakes were not working very well. The car went on down the street for almost a block before it came to a stop.

Companion Called.

Eugene Buschard, who was with the Schlumpberger boy when the accident happened stated that they had come to New Ulm at the noon hour ,pulling in a car to the Buick garage. They were late to dinner and were on their way home when they struck the child. They saw the children in the middle of the street when they were within 75feet of them. They honked their horn but did not slow down their speed. They thought the children would remain in the places where they were standing and that they could pass safely. When they were within ten feet of the group,the little boy started across the street and was struck by their car. They drove up onto the boulevard and down the sidewalk for nearly a block before they stopped their car and then went back to where the child lay. When the police arrived they were advised to return to the city in the evening and call at the home of the parents of the child, which they did. Wm. A. Schlumpberger, son of Albert Schlumpberger of West Newton, was driving the car on Wednesday afternoon. He said that the foot brake was not working very well and that he did not use the emergency brake although, it was in good condition, due to the fact that he became excited. He testified to the fact that he was driving from twenty to twenty-two miles an hour, and in avoiding the two girls in the middle of the street, he had turned out just as the little boy started across the street, and that the child had been hit on the head by the fender.

Mechanic Tested Brakes.

Otto Niemann had tested the brakes and found that the lining in them was pretty well worn. He had driven the car at twenty miles an hour and estimated that he could not stop the car short of forty feet.

Raymond Amann on his way to work had been stopped by the young men in the car who said they had run over a child down the street. He ran to the scene after seeing them driving on the sidewalk.

Result of Post Mortem.

Dr. Fritsche stated that in the post mortem they had opened the skull ,examined the brain, and had punctured the spinal canal and drawn off a cloudy, slightly bloody, fluid, showing that there had been slight bleeding at the base of the brain, and the cloudiness showed infection in the canal. The brain showed nothing special, but the nature of the fluid showed meningitis evidently caused by trauma, which means violence of a blow on the head.

Dr. Seifert confirmed Dr. Fritsche’s statement as to the findings of the post mortem. The skull showed no sign of fracture and the condition of the brain was all right. Where the brain is attached to the spine the bloody cloudy fluid showed the injury had caused spinal meningitis.

Jury’s Verdict.

After being out for some time the jury returned a verdict which found that the boy had come to his death thru the negligence and careless driving of Wm. A. Schlumpberger, On Friday morning the young man was arrested on a charge of manslaughter in the second degree. His preliminary hearing was set for (Wednesday) this morning at ten o’clock. A bond of $2,000 was furnished and the defendant appeared Wednesday, June 25, in person, with his Attorney, A.W. Mueller, and waived examination whereupon he was bound over to appear at the next general term of the District Court.

At the time of going to press, it has not been learned whether the young man will be admitted to bail by Judge Olsen or not.

New Ulm Review,

June 25, 1924

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