MOTOR CYCLE 3649.

Auckland Star, Volume L, Issue 202, 26 August 1919, Page 6

MOTOR CYCLE 3649.

. AND A CADET PARADE. CHARGE AGAIXST RIDER. The incident at Bllerslie in Martin last, when a membcir of a company of senior cadets was knocked down and received an injury to his leg, -was further ventilated at Vh.e Supreme Court, before his Honor Mr. Justice Chapman, this morning when Albert David Prosser was charged with -having caused actual bodily harm to a lad under such circumstances that had death ensued ; he would have been guilty of manslaughter. Hon. J. A. Tole appeared for t>he Crown and Mr. R. Singer for accused. A plea of not guilty was entered.

Mr. Tole, in outlining the case, said a company of tenror cad-efe was pararimg in the evening on tihe main road near Ellertslie. They were drawn up in three or four ranks and on the right side of the road. At about 8.30 o'clock accused was riding a motor cycle along ths road, When within twenty or thirty yards ihe seemed to swerve across 'the road to where the cadets were parading ami "went full tilt" oetween the firet awi <K!cond rankri, I;nocking several down. Ir-stead of stopping it would be shown that accused went straigiht on. One or bhe lads was rendered unconscious ant had to be taken to the 'hospital, -Bihere he remained for some weeks, eufferii» from an injury to the knee. The numbet on the motor cycle was 3649, end i> would be shown that this 'was the number of the cycle ridden by accused. Prior to this the evidence would show thai the tyre of the cycle had been punctured, and a witness who effected repairs would etate that accused, who hac another man on the carriage, was under the influence of liquor. There were several bottles of beer in the eide car and another bottle -was used to "jack" the cycle up. Accused said, continued Mr. Tole, that ihe remained there till 7.3U p.m., and then went to his -home in Alt. tMen, and was tihere at the time when, the incident occurred. Accused admitted that he owned motor cycle 3649 and that he had not lent it to anybody, but he denied havinpr eeen any cadets on parade.

Albert C. Hine, t-lfe boy who wus injured, gave evidence on the lines of Mr. Tole'e statement. All he knew, he said, was that he heard a rattle and was knocked dor.vn. He diid not hear a horn sounded. Evidence was given by several other witnesses who had teen accused, and who alleged that he was the "Worse for liquor. William Riiliard Smith, a storekeeper, said he was 'watching the cadets drilling on the evening of the occurrence. He saw a motor cycle approaching at a considerable Tate of speed. When approacbing the parade the rider swerved as though to turn into another road, birt suddenly' seemed to change 'his mind, apparently with -bhe intention of passing in front of the boys. There was not room for this and he passed between the r.mks. Several non-conmni£sioned officers ran after him and asked him to stop, as he; had injured one of the boys. of doing so he put on speed and rode aiway in the direction of Auckland. Corroborative evidence was given by Scrgt.-MajoT Eastbury. The i-at-e is proceeding.