Altoona, PA: Altoona Mirror, issue of Friday, 15 November 1929, p. 1, col. 1   SHOPMAN, INJURED BY AUTO, EXPIRES   Multiple Skull Fractures Cause Death of Joseph Burke of East Freedom at Mercy Hospital.   OTHER HIT-RUN VICTIM IS RAPIDLY IMPROVING   Total of $3,000 Bail Asked for A.B. Johnson, Duncansville, Arrested as Driver of Death Car.   Injuries suffered early yesterday morning when struck by an automobile along the Sixth avenue road proved fatal to Joseph Burke, aged 37, of East Freedom, the man dying at 6.06 o'clock last evening at the Mercy hospital.   Russell Smith, aged 38, of near East Freedom, who was injured with Burke, is recovering at the Mercy hospital. X-ray examinations yesterday and today have shown that he suffered no fractures of either the spine or the skull and his condition is now regarded as fair.   A.B. Johnson of near Duncansville, who was arrested yesterday noon as the driver of the car which injured the two men, still maintains his innocence, claiming that marks on his car were caused by striking a concrete abutment along the road.   Burke died at the hospital without regaining consciousness. He had suffered multiple fractures of the skull when struck by the car and early yesterday afternoon it was known at the hospital that his death was but a matter of time. Members of his family were at the bedside when he expired.   Recovers Consciousness.   Smith has recovered consciousness completely but remembers nothing concerning the accident. His mind is hazy even on details of leaving his home for work yesterday morning. With no serious injuries discovered it is expected that he will be taken to his home from the hospital in a few days. He has not been told of Burke's death.   A total of $3,000 bail is being required by Alderman C.E. Keiper of the Twelfth ward for Johnson's release from the City hall, where he has been held since his arrest. An information charging Johnson with involuntary manslaughter in connection with Burke's death, with aggravated assault and battery in connection with Smith's injuries, and with failing to stop and render assistance following an accident, has been made against the motorist by Patrolman Gibboney of the state motor patrol before Alderman Keiper.   Coroner Chester C. Rothrock is engaged in conducting an investigation of the fatal accident, and while he is not yet able to fix a time for the inquest, has announced that it will be held in the near future.   Machine Is Examined.   As a result of Johnson's claims to the police officers that he did not strike the men but had collided instead with a concrete abutment along the road, a thorough examination of his car has been made by the officers. They have found that no paint has been scraped off the fender of the car, that the parking light on the cowl of the machine has been bent back and turned around and that the right front fender and the hood of the car is dented.   In addition a piece of cloth, believed to be from the clothing worn by Burke or Smith at the time of the accident, was found caught in the door hinge of the Johnson car.   The body of Joseph Burke has been removed to the home of his wife's parents, Mr. and Mrs. Adam G. Carpenter of 814 Albright street, Roaring Spring, where funeral services will be held at 2 o'clock Sunday afternoon. Interment will be made in Greenlawn cemetery.   The accident victim is survived by his wife, Mrs. Grace (Carpenter) Burke, one son, Richard, aged 5, his parents, Mr. and Mrs. Lewis Burke of East Freedom, and the following brothers and sisters:  Charles and Howard Burke of this city, George of East Freedom, Mrs. Chester Heuston of McKee, Mrs. John Finnegan of Queen and Mrs. Charles Dodson of East Freedom. ----------------- Altoona, PA: Altoona Mirror, issue of Saturday, 16 November 1929, p. 1, col.. 2 & p. 11, col. 4   MILITARY FUNERAL FOR JOSEPH BURKE   The funeral of Joseph Burke, the victim of the automobile crash at the Burns subway Thursday morning, will be conducted in the Trinity Methodist church in Roaring Spring Sunday afternoon at 2 o'clock and the deceased, who was a veteran of the World war, will be accorded a full military funeral.   The services at the church will be conducted by Rev. A.B. Thompson, pastor of the East Freedom United Brethren church and he will be assisted by Rev. George F. Womer, pastor of the Trinity Methodist church at Roaring Spring.   Mr. Burke was a veteran of the World War, serving eighteen months in France as an ammunition truck driver. While in the service in France, he was wounded, but fully recovered before returning to the United States at the close of the conflict.   He was a member of the Murray-Appleman post of the American Legion at Roaring Spring and of the James L. Noble post, No. 3, Veterans of Foreign Wars of this city. Following the services in the church, military services will be conducted at the grave in the Greenlawn cemetery by members of the Legion and the Veterans of Foreign Wars.   Members of the Veterans of Foreign Wars in this city are requested to meet at the post rooms Sunday afternoon at 1 o'clock and automobiles will convey them to Roaring Spring. ----------------- Altoona, PA: Altoona Mirror, issue of Monday, 18 November 1929, p. 1, col. 2 & p. 13, col. 2   INQUEST IN BURKE DEATH WEDNESDAY   An inquest into the death of Joseph Burke of East Freedom, car shop employe who was fatally injured last Thursday morning when struck by an automobile near Burns culvert along the Sixth avenue road, will be held Wednesday evening at 7.30 o'clock in the Liebegott funeral parlors in Duncansville.   Announcement of the inquest was made this morning by Coroner Chester C. Rothrock, who is now completing his investigation of the accident. A.B. Johnson of Duncansville, alleged driver of the automobile which caused Burke's death, who has been arrested on several charges as a result of the accident, has been released under bail but whether he will testify at the inquest is not known.   Funeral services for Burke were held yesterday afternoon in the Trinity Methodist church in Roaring Spring with a large attendance of relatives and friends, many of the local shopmen with whom Burke worked being in the assemblage. As a veteran of the World war Burke was accorded a military funeral by members of the American Legion and the Veterans of Foreign Wars. Interment was made in Greenlawn cemetery at Roaring Spring.   Russell Smith of Jugtown, near East Freedom, who was walking with Burke at the time of the accident and was also injured, was discharged from the Mercy hospital this morning, going to his home. Smith suffered considerably from the shock of the accident and for several days was not told of Burke's death. ----------------- Altoona, PA: Altoona Mirror, issue of Thursday, 21 November 1929, p. 30, col. 2   BURKE ASSAILANT UNKNOWN TO JURY   Panel Selected by Coroner C.C. Rothrock Unable to Fasten Blame for Death of East Freedom Resident   An inquest into the circumstances incident to the death of Joseph Burke of East Freedom, who died at the Mercy hospital on Nov. 14, as a result of injuries suffered the same day when he was struck down by a hit-and-run motorist while standing along the Sixth avenue-Duncansville road, near Burns subway, was held last evening at the Liebegott building in Duncansville, by Coroner Chester C. Rothrock.   The jury, which was composed of Robert N. Mutzabaugh, foreman; Harvey S. Diehl, Herman I. Snively, Calvin S. Cable, John H. Keller and John T. Spence, all of Duncansville, deliberated about three quarters of an hour before submitting the following verdict.   "We find that Joseph Burke's death was caused by an automobile on Nov. 14 by car owned or operated by unknown party. From evidence adduced party or parties failed to stop to render aid."   The fatal accident occurred about 6.20 a.m. on Nov. 14, while Burke was en route to his work in the local railroad shops. He was removed to Mercy hospital, where he succumbed to injuries sustained, less than twelve hours later, without regaining consciousness. Russell Smith of near East Freedom, who was injured at the same time, received less serious injuries and is recovering.   Testimony was offered at the inquest touching on the death of Burke last evening by five witnesses and the evidence given was of a similar nature, varying only in the details. District Attorney Richard H. Gilbert of Tyrone represented the commonwealth at the inquiry. All of the witnesses were occupants of the two machines that had stopped along the highway when the fatal accident occurred.   Charles Webber of 613 New street, Roaring Spring, was the first witness to testify. He stated that he is employed in the Juniata erecting shops and that he was en route to his work, when he experience tire trouble near Burns subway and pulled to the side of the highway. A car owned and operated by Russell Smith of near East Freedom approached the disabled Webber car and the use of a tire pump was requested. It was revealed that it was foggy at the scene of the mishap and the use of a flashlight was made to stop the Smith car.   It was found that the tire could not be pumped up and a jack was being used to raise the machine, to make a tire change, with Burke and Smith standing nearby watching the operation, when a car approached rapidly, according to Webber. Burke and Smith were struck down, Burke being knocked under the front wheel of the Webber car and Smith a greater distance away, along his own machine, which, according to the evidence given, was about eight feet ahead of the Webber car.   Webber was unable to distinguish the make or model of the car of the hit-and-run driver, as he was at the rear of his own car, but stated the car was going fast, quickly disappearing in the fog, although visible for at least fifty feet. According to his testimony the thus of the men being hit could have been heard a hundred feet away.   C.M. Miller, another Roaring Spring resident, also a shopman and a passenger in the Webber machine, was the second witness heard. He testified that he was holding a flashlight for Webber's benefit, when he heard and saw the hit-and-run driver's car approach. He also failed to identify the machine, giving immediate attention to the injured men. In his opinion there was no excuse for the accident, he stated, had the speed been reasonable. His description of weather conditions and speed tallied with that of Webber.   W.J. Thomas, another Roaring Spring man, and also a passenger in the Webber car, offered testimony next. He stated he was at the rear of the machine, beside Burke and Smith, and narrowly missed figuring in the accident. Only a quick stop saved him, he testified. He stated he saw the rapid approach of the car striking the men and called to them: "Look out he's coming." He was unable to estimate the speed of the death car, but stated it was moving fast and failed to slow down. The crash made was described as being loud.   Elmer Hoover, a fourth passenger in the Webber machine, and also a Roaring Spring resident, stated he was standing to the right on an embankment waiting for repairs to be completed to the tire and that he heard, but did not see, the approach of the other machine. He described the character of the road at the point of accident, but was unable to identify the car or estimate its speed definitely.   Calvin Flaugh of East Freedom, who accompanied Smith in the Smith car to his work in the local shops, was the last witness called. He was in the rear seat of the machine and after securing the pump from under the seat, made ready to sleep while the tire was being pumped. He was just "fixed" for a sleep, when he was aroused by the crash, he stated, and his first impression was that the Webber car had been crashed into, but an instant later he noticed the hit-and-run car flash by and immediately scented trouble.   In getting out of the machine he almost stepped on Smith's feet, he said, and saw Burke taken from under the front of the other car. The fog hindered his vision of the fleeing car. The crash was heard distinctly in the Smith closed car, with only one window slightly open, he said. At the conclusion of his testimony the jury began its deliberation.   A.B. Johnston of near Duncansville, who was arrested following the accident as the driver of the machine which struck Burke and Smith, is being held under bail pending further developments in the case. Johnston is charged with involuntary manslaughter and failure to stop following an accident, the district attorney stated. ----------------- Altoona, PA: Altoona Mirror, issue of Saturday, 7 December 1929, p. 13, col.. 5   ACCIDENT CASES GIVEN HEARING   Alderman Holds A.B. Johnson for Court In Joseph Burke Death and Reserves J.E. Curran Decision.   Two cases involving automobile accidents, one of which resulted in the death of Joseph Burke of East Freedom while the victim of the other, Mrs. Minnie Brusgatas Hamilton of Altoona, is still a patient in the Mercy hospital, were heard before Alderman C.E. Keiper of the Twelfth ward last evening.   A.B. Johnson of Duncansville, who is charged with being the driver of the automobile which fatally injured Burke and also injured Russell Smith of East Freedom, was held for court following the hearing of his case, the defendant posting $3,000 bond for his appearance at court.   Decision in the case of J.E. Curran of 514 Beaver street, Hollidaysburg, alleged to have run down Mrs. Hamilton along the Buckhorn road, was reserved by Alderman Keiper until Dec. 11, following the hearing.   The accident for which Johnson is held responsible occurred about 6.20 o'clock on the morning of Nov. 14, along the Sixth avenue road near Burns culvert. Russell Smith and Joseph Burke were standing near an automobile while a tire was being repaired when struck by a passing automobile.   Both men were taken to the Mercy hospital where Burke died at 6.06 p.m., twelve hours after he was injured. Smith recovered from his injuries within a few days. The arrest of Johnson as driver of the car which struck the man and then continued on its way occurred at noon of the day of the accident, the man being taken into custody at the local car shops.   Testimony was given during the hearing last evening by Charles Webber of Roaring Spring, who had stopped the Smith car to borrow a tire pump, C.M. Miller, W.J. Thomas and Elmer Hoover, also of Roaring Spring, and Calvin Flaugh of East Freedom. The commonwealth was represented at the hearing by Assistant District Attorney Robert J. Puderbaugh and Johnson was represented by Attorney John J. Haberstroh.   The accident for which Curran is held occurred on the evening of Oct. 20, along the Buckhorn road. The identity of Mrs. Hamilton was not established until late the following afternoon and she is still a patient at the hospital, her mental condition being unsatisfactory although physically she has recovered from the injuries suffered in the accident.   Testimony in the Curran hearing was given by Robert Griffith, who took the injured woman to the hospital, J.J. MacGill and C.J. Frank, occupants of the Curran automobile, and Carl Schraf and Herman Wolf, occupants of a car which was following the Curran machine. ----------------- Altoona, PA: Altoona Mirror, issue of Monday, 20 January 1930, p. 1, col. 1   DEFENDING CHARGE OF MANSLAUGHTER   A.B. Johnson Pleads Not Guilty to Running Down and Killing Joseph Burke Along Highway, Nov. 14, Last.   A.B. Johnson, a young man residing at Foot-of-Ten, near Duncansville, was placed on trial in quarter sessions court at Hollidaysburg this forenoon on two charges, involuntary manslaughter and failing to stop and render assistance after an accident. Both the commonwealth and defense exhausted the challenges allotted them before a suitable dozen were chosen.   It will be recalled that on Nov. 14, at about 6.20 o'clock in the morning, an automobile struck and knocked down Joseph Burke, aged 37, residing at East Freedom, and Russell Smith, aged 28, residing at Jugtown, as they were rendering assistance to Charles Webber, a Roaring Spring man who had tire trouble, at a point near the subway at Burns' crossing.   Burke was so badly injured that he died the following day at a local hospital; Smith, less seriously injured, has partially recovered. Johnson was charged with striking the men. He denied it. He admitted having an accident that morning somewhere when he claims to have struck a parapet at a culvert but as it did not disable his car beyond use, he kept on going and parked his car, as usual, near the Second street shop gate and went to work.   Police Investigated.   State police investigated the matter and found Johnson in the shops; they discovered his damaged car and clinging to a badly used up fender was a piece of fabric which was said to match the coat Burke was wearing. Information was then made against Johnson, charging the two crimes mentioned.   Russell Smith, testifying before the jury today, recited the story. He said it was foggy that morning and he and Burke were stopped by Webber who had a flat tire and wanted to borrow their pump. Webber had his car off the concrete except just enough of the rear left to give him a solid base for his jack. He and Burke were standing beside the Webber car when suddenly they were knocked down.   Webber called to Charles Flaugh, who was dozing in the Burke car, and he came and pulled Burke from under the Webber car. Other automobilists came and in due time the injured men were taken to the hospital. Smith said he didn't know anything from the moment of the accident until two mornings later when he came to his senses. He suffered injuries to the back, leg, hip and head and has been unable to work ever since, suffering terribly from nervous shock.   Charles Flaugh, the man in the Burke car, said he was awakened from his doze by the impact made when the flying car struck his companions. It sounded to him like the hard slamming of an automobile door.   Warned About Light.   Being both Dark and foggy that morning, Mr. Webber, in testifying, said he had told those assisting him not to stand in any manner as to obscure the red light on the rear of his car. He claimed whoever ran down Burke and Smith was going at a terrific speed and could not help but have known that he struck something and that something could not have been a parapet wall, either.   The case is being continued this afternoon with District Attorney Richard H.. Gilbert for the commonwealth and John J. Haberstroh and John F. Sullivan for the defense. ----------------- Altoona, PA: Altoona Mirror, issue of Tuesday, 21 January 1930, p. 1, col. 5 & p. 40, col. 3   IMPORTANT CASES GO TO NEXT TERM   Murder Trial Is Scheduled for March, Manslaughter Suit Ends and Other Defendants Come Forward and Plead.   JOHNSON ENTERS PLEA AFTER TRIAL STARTS   A.B. Johnson, Allegheny township young man, charged with involuntary manslaughter in connection with the death of Joseph Burke of East Freedom in an accident near the subway at Burns' crossing last Nov. 14, changed his plea at quarter sessions court at Hollidaysburg yesterday afternoon, after the commonwealth had stated its side of the case, from not guilty to nolle contendre. He will be sentenced during the first week of February.   Johnson was charged also with failure to stop and render assistance after an accident. A nolle pros was entered as to that charge. Johnson found it would be futile to attempt to rebut the testimony of the commonwealth which was overwhelming; and particularly so when a patch of cloth found on the hinges of one of the doors of Johnson's car exactly fitted into a hole knocked in the cap worn by Burke on the morning of the accident.   Attorney John J. Haberstroh, in presenting the plea to the court, said if the car of Johnson struck Burke and Smith it was without his knowledge. The condition of the atmosphere was chaotic. It was very foggy. There was no intention to hit and hurt and if he had thought for a moment that he had struck any person he would have gone back.   Maintains Ignorance.   Attorney John F. Sullivan also spoke in behalf of Johnson. "Whoever struck Burke committed a terrible deed but there was no hardness of the heart. The young man has a good family background. He still maintains his ignorance of the blow. The cloth and the cap tell mutely the story. If his car struck and killed Mr. Burke, that is involuntary manslaughter; if he was reckless and careless, it would be a crime under the law.   "Mr. Johnson cannot give back the breath of life to Mr. Burke but the ends of justice will have been met. The next best thing is some pecuniary measure. He carries insurance and a monetary settlement will be made," Mr. Sullivan stated.   Mr. Gilbert, district attorney, stated if the air was foggy, as the defense alleges, then the law would require the operation of a car in a most careful manner. He stated he directed the hit and run charges be brought so that he might be given opportunity to explain himself both ways. If it was foggy, Johnson was going too fast that morning; if it was clear and visibility good, then he was guilty of hit and run violation. He, therefore, on the part of the commonwealth, accepted the plea of the defendant. ___________________________________________