Wreckless (1935)

may I State most emphatically that the old gray May ain't what she used to be no sir she's a whole and better I make this remark gentlemen to emphasize the fact that progress marches on a situation of which we must all take cognizance you all know uh probably better than I that roads throughout the entire country country are not what they used to be and you gentlemen are justly proud of the beautiful Highway some of them are eight lames wide which Grace our glorious state it was on such a road that this young man was traveling all laws must be interpreted in the light of progress but please gentlemen do not misunderstand me the evidence the defense is offered in this case is not based on any apology for recklessness laws and customs change and sometimes it is indeed difficult for the letter and interpretation of the law to keep step with the progress that our Noble modern civilization is making not only have roads improved but cars that travel on those roads have improved this is a day when modern cars can travel in safety at speeds that once were impossible gentlemen is it unsafe to travel along an uncongested Highway at a speed of 70 M an hour in a car that can do all day 80 or 85 and upwards well what happens if it's a bad spot has a blow we travel on improved highways today but gentlemen even though an obstruction had Lain upon the road it would not have presented any danger because as we have shown his car was equipped with the most modern devices for lifting a wheel over such an obstruction and even though a front TI blowout had occurred owing to the wheel's construction it would not have endangered the defendant or anybody else was he Reckless gentlemen when we consider that he along with other drivers of most modern cars is protected by bodies of solid steel with turret Toops gentlemen this officer has uh told us that he fell before the defendant's car I firmly believe that when we consider the testimony as to how it happened that you will agree with me that he should rightfully be considered the defendant in this case and charged with recklessness if uh if any gentlemen this this officer has confessed that he was stealthily concealed behind the shy along the Parkway in hiding ready to pounce upon any unsuspecting victim that might happen by the defendant came along in perfect control of his car though admittedly driving rapidly gentlemen can you see the look of Joy on officer Crane's face as he mounts his motorcycle and takes after the [Music] victim he follows him for some little distance and then deliberately recklessly drives in front of the defendant's car the Skip and call it is fortunate indeed that the defendant car is under control but is Officer crane grateful no gentlemen I think I may say with perfect Assurance he is not and finally gentlemen it is not too much for me to say that all charges of recklessness which have been brought before you have been wiped out by the safety which the defendant has demonstrated in the power speed safe construction and control of the defendant's car when he saved the life of Officer cran that he might come here as a living witness to the safety of the defendant's manner of driving safety is the purpose of the law and the question of whether the young defendant was proceeding with their recklessness in one hand and safety in the other should form the basis of your verdict in this case with their due regard to his honor and the law which prohibits reckless driving safety gentlemen I repeat safety I thank you gentlemen the defendant in this case is charged with reckless driving in the usual course of events the testimony would be presented to you for your consideration however in this case I am constrained to follow a different proceeding because the testimony is beyond dispute outside of City town or corporate limits there is no definite speed limit in this state therefore it must be definitely proved that the defendant was driving recklessly the only testimony as to recklessness was that he was driving at the rate of 70 m per hour but the testimony also shows however that the defendant was driving a car of modern mate equipped with each of the most advanced features of safety and control the presence of Officer Crane in this courtroom today is sufficient evidence and counteracts any charge of recklessness made against the defendant it appears that under the circumstances there's no competent proof of recklessness therefore you members of the jury are dismissed I wish to thank you for your attention and the defendant is discharged oh Mr where can I get a what you Jack Jack come here see see you got your AUD book with you yes the judge wants to do a little business with you yeah are you so dead [Music]