PENROSE FATALITY.

Auckland Star, Volume LI, Issue 40, 16 February 1920, Page 4

PENROSE FATALITY.

CHARGE OF MURDER. ACCUSED BEFORE TEE COUSTTRAIL, OF A MOTOR CAR. A charge of murder arising put of the death of Arthur John Horton, who -waa killed at Penrose on January 26, as the result of a collision with a motor car, was heard before Mr. F. K. Hunt, S.M, to-day, when Alfred Thomas Percy Dare (23), a returned soldier, and a carrier •by occupation, who had been arrested in a North Auckland district, was the accused, on the allegation that he drove the motor concerned in the collision. He was also charged that on the same day he unlawfully ccn* verted to his own use a motor-car belonging .to Arthur E. Patterson, and that he damaged the car to an extent valued at £44. Accused was represented by Mr. Inder, and Chief Detective McMahon conducted the prosecution. Louisa Marion Horton stated that her husband, Arthur John Horton, who was killed on January 26, left his home in Church Street, Penrose, that day at 3.1-5 p.m. He was employed as a greaser at •the WestfieLi Freezing Works, and when |'be left home he was riding a bicycle, the damaged one which was produced in Court. MOTOR CAR COMMANDEERED. Arthur E. Patterson, electrical engineer, employed at Fuller's Opera House, said be owned a five-seater Ford motor jCar. On January 26 he left it outside the Opera House at 1 p.m., while he did some business in the 'building, and when he returned at 2 p.m., the car was gone. He informed the police, and the following afternoon, in consequence of information from the police, he went to Onehunga, and there saw his car in Brain's stables. The .car was then in a damaged condition. The radiator "eras bent and the wind-screen broken, a. track tyre i was down, the inner tube spoilt, the left mudguard in front was bent, as also waa the left-hand lamp bracket. He assessed the damage at £44 11/9. The number of the car was 2,817. DIDNT LIKE THE SPEED. Norman Valentine Baker, who keeps a, fish-shop in Manukau Road, Epsom, stated that about 2 p.m. he and a brother were walking along Manukau Road towards Onehunga. When they were about the gates of the One Tree Hill Domain a man came along in a motor crar and offered them a lift. The man was the accmsed. They accepted the lift, and got in fhe back seat of fcbc car, and accused drove on at a speed much above the ordinary. At the Prince Albert Hotel he stopped, and wanted witness and his brother to have a drink, but they refused, so accused drove on to the Terminus Hotel, again at a high speed, and stopped there. Witness and his brother -hopped out." chiefly because they didnt like the speed the car was driven at. 'Again they declined an offer of drinks, and accused went into the hotel. They were going to the wharf to Ifish, and accused passed them in the car. later they saw the car standing outside the Manukau Hotel. Accused appeared to have had a fair amount of liquor. Vivian Baker, fourteen years of age, told a similar tale, but on identification would go only so far as to say that accused looked very much like the man who drove the car in which they had a lift. TOOK HLS NUMBER. Robt. H. Gibbons, harbour-mastef, Onehunga, stated that shortly after 3 p.m. he saw a car going at "any speed up to 40 miles an hour' along Queem Street. Onehunga, and stop at the Terminus Hotel. When he reached the plac« where it stopped he took the number; i» was 2317. He did that because he picks* that there would be trouble with a man driving at that speed. When the car was started again it was driven quietly away in the direction of the wharf. Ivo S. Denis said- that about 2.15 pjn. on January 2«S a man in a car stopped at the Manukau Hotel, where witness was barman. The man wanted witnesa to go for a ride, and witness declined. Then he wanted a drink, and witness IBfused to serve him, considering he had had enough liquor. Witness would not swear that accused was the man, but iie was very like him. MISSED BY INrjHES. Arthur Heskett, gasworker, of Otahuhu, said that about 2.45 pjn. he waa driving a gig along Massey Road, Otahuhu, when he saw a motor-car approaching and steering a very erratic course. Consequently he pulled his gig well over to the left, but despite that the motor__came within six inches of hia gig. There were two persons in the car. Witness could not get the number of the ear, though he tried. He could not say that accused was the driver. DRIVING ON THE RIM. John M. Key. a boy of fourteen years. related that on the afternoon of January 26, he saw a car bearing the number 2817 come along Massey Road, Otahuhu, with' the tyre off the right-hand rear wheel and the under tube twisted round the axle. He called out, and the two men in the car tried to fix the trouble, but could not and drove on to Payne's Bros.' garage, about 500 yarels further on. He could not say that accused was the driver. Leonard W. Key, who was with hitwin brother on the occasion narrate.i, '. told the same thing. He added that later, at the police station, he had picked out accused from among others as the driver of the car. VERY LIKE THE MAN. John Payne, of Mangerc Crossing, identified accused as the man who drove up to his garage, about 2.:10 p.m. with a Ford car, which had the tyre off the rear right wheel. Witness fixed up the tyre and tube, with accused's assistance. While they were at the job. a lady passed, carrying a basket, and accused offered to carry it for her and was refused. He -emarked to witness on the incident, "that's th" worst of being drunk," or something like that. Witness considered that both accused, and his e-orapanion. a young man, were under the influence of liquor. To Mr. Ind.-r: Accused's companion was between 20 and 30 years of age, slightly shorter than accused and inclined tn he thickset. He was supposed to be clean-shaven, but looked as if he needed a shave. At the conclusion of his evidence the W'ltness said that act-used was very' like the man who dro.e the Ford car, but *>» would not swear to him. To the Chief Detective: Witness had picked accused out of several others at the police station as being the man, his d-Mible. or very like him. , The case is proceeding.