Tuesday, June 27, 2017

James Bergey Smull Family: Jesse McGarvey Smull

UNK SMULL > JESSE SMULL > JAMES BERGEY SMULL > JESSE MCGARVEY SMULL m
Mary Etta "Etta" Robison

Jesse's father James was the son of one of the original Brothers Smull of Brush Valley, Centre County, Pennsylvania. We covered Jesse M Smull's brother Judson previously.

Jesse McGarvey Smull was born to James Bergey Smull and Louise McGarvey on 26 Sep 1891 in Altoona, Pennsylvania. He married Etta Robison at Cumberland, Maryland on 23 Feb 1910. She was born 04 Aug 1891, also in Altoona. The couple had four daughters.

Jesse was a sign painter by trade and quite well known for being good at what he did. Their lives hummed along without much incident until August 1925, when Jesse was caught up in a tragedy.

William Heller, a retired tinsmith who resided on Juniata Gap Rd, was walking home from the store to his Point View cottage when he was struck by Jesse M. Smull's automobile at about 8 pm on 05 Aug 1925. Smull's address at the time was 1212 Seventeenth Ave in Altoona. He was reportedly on his way home to Altoona when he struck Heller. Smull loaded the injured man into his car to take him to the hospital and got only a few feet before he struck another car. Heller was seriously injured and did eventually get to the hospital. He held his own for some time before his injuries got the best of him and he died. The autopsy revealed he died of a cerebral hemorrhage.

There was no doubt from the outset of the investigation - Jesse M. Smull was intoxicated when he struck Heller. He was immediately placed under arrest. The Corner's inquest was called and witnesses testified about the victim and the driver. Many of the witnesses smelled liquor on Smull's breath, yet, the panel rendered a verdict absolving Smull of carelessness or reckless driving. Didn't matter to the district attorney though, he decided to pursue a charge of involuntary manslaughter against Smull. At his arrest, Smull had bailed at $3,000.He went to trial in January of 1926 and a jury was empaneled. He suddenly changed his plea to guilty. He was sentenced to no more than seven months in county jail, a $100 fine, and the costs of the trial.

Jesse, we presume, served his sentence and went on with his life. In 1936, he was arrested again - intoxicated - but this time was found sleeping in his car at 1 am with no keys in  the ignition, so the charge was just drunkenness.

Jesse died in an Altoona hospital after a brief illness on 05 Feb 1967. His wife and three daughters, Beatrice, Virginia, and Frances, survived him.

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