CAPSIZE OF TRAM

Ashburton Guardian, Volume 64, Issue 9, 21 October 1943, Page 4

CAPSIZE OF TRAM

CHARGE OF MANSLAUGHTER. TESTIMONY OF SOBRIETY. ACCUSED GIVES EVIDENCE. (P.A.) WELLINGTON, October 20. Giving evidence in the Supreme ■ Court to-day in his defence against a ; charge of manslaughter, Donald Nor- - man McLean, motorman of the tram that capsized at Kilbirnie on June 12, ; killing a man and injuring 2S other ■ persons, said he could not remember i anything that happened between the time the car was picking up speed • after stopping at Tirangi Road and ; the time when he realised that he was .in a chemist’s shop. Several witnesses gave evidence as to accused’s sobriety before the accident. The Court adjourned till to-morrow morning, with the case unfinished, the jury to visit the scene of the accident in the meantime, Thomas Bradley, a motorman, said lie talked with accused when the latter went on duty, and would say that accused had not had drink that day. He knew accused showed signs of drinking very easily. George Wilson, who helped to treat the injured in the chemist’s shop, said accused appeared to be stupid, and dazed from a knock. He spoke to accused, attended him, and helped to put him on a stretcher, but he smelt no liquor. Accused said that on the day of the accident he went straight from his home at Kelburn to Lambton to start work at 3.45 .p.m. The accident happened on his second return journey. He did not leave the train at the ends of the runs except at Seatoun the second time, when he visited the lavatory, being away only a minute. Tirangi Road was the last compulsory stop before the accident. There were a number of points curves that required care and reduced speed. Upon the car leaving Tirangi Road there were three or four airmen on his platform. As he Avas increasing the speed of the car, he asked them to step inside and close the door, which they did. He could not tell Avhat happened after leaving Tirangi Road and his putting the Air Force men inside. Explaining how a bottle of beer came to be in his coat, accused said that on the first trip out a passenger gave it to him, and lie put it in his overcoat on, the rack above him. Accused denied that he Avas undevtlie influence of liquor, and said he never touched liquor in Avorking hours. He had not been in an hotel that day. Cross-examined, lie said lie had never fainted before, and did not suffer from any disease that Avould cause fainting, and on the night of the accident Avas feeling his normal self. Accused’s evidence closed his case, and the jury Avill hear addresses from counsel to-morrow.