MANSLAUGHTER CHARGE

Auckland Star, Volume LVI, Issue 31, 6 February 1925, Page 5

MANSLAUGHTER CHARGE

DEATH OF MISS ROBERTS. KNOCKED DOWN IN QUEEN ST. | WILLIAM PITMAN ON TRIAL. Miss Elsie Lilian Roberts was knocked down by a motor car in I'pper Queen Street on the evening of November 3. Three weeks later she died in the Auckland Hospital. William Titman, land agent and Jus- i tice of the I'cace, stood on trial at the : Supreme Court to-day on a charge of manslaughter. He xvas the driver of the: motor car. . Mr. Justice Reed xvas on the bench,' Mr. X. R. Meredith prosecuted, and accused xvas represented by Mr. Sellur and Mr. Jacobsen. Miss Roberts iiad crossed the street at the tramway stop near the V.W.i ..X. building xvith the intention of boarding a city-bound tram. It xvas the wrong tram, and Miss Roberts turned back to the kerb, crossing in front of ;i stationary taxi-cab tiiat had pulled up because of the tram. The car driven by accused came doxvn Queen .--treet outside the . taxi-car. Henry C. Moore, tramway conductor,' stated in evidence that what appeared to be the bumper bar of accused's .ar struck Miss Roberts mi the hips. Tin: ; car xvas travelling at about 12 miles lan hour. .Miss Huberts was carried about 44 yards, and then rolled under- j lieath, and seemed to lie dragged another 4} yards. The car had to be lifted it) order to extricate her. Heard Squealing Brakes. The taxi-car had fairly bright headlights, said Wm. Tate, tramway' motormau. Mis* Roberts walked across the front of the taxi-car, and that xvas xvherc she xvas knocked doxvn. The front of the bonnet of accused's car i struck her. To Mr. Sellar: The brakes on Pitman's i car were on and "squealing," when the] car was 3d yards from the tram. At! the point of impact the car's speed would he about eight miles an hour. i 1 The taxi-car driver, l'hillip Canning,! 'deposed to having stopped his car at I from three to four feet from the rear! of the tram, at an angle. He had only) his side-lights on. I "The Girl Had No Chance." j "At the speed accused xvas going he! bad no chance of stopping before be hit! the girl." said this witness. "The but'- I fer hit her first, and just crumpled her] up, and carried her three or feet down i the street before he stopped. I did not hear any horn blown. The girl had no chance of avoiding the accident.' i There xvas no time or chance fur her j 'tn do anything." i fleorge' 11. Wilson, uf Upland Road,' ' Remuera, xvas sitting in the back uf the 'taxi-car when Miss Huberts walked acruss in front. Witness saw her hesitate. Then accused's ear striuk her. Witness did nut hear any horn. Miss Roberts' chances xvere practically hopeless. ', I Sergeant Lambert said Pitman bad j stated he xvas descending Queen Street at about eight miles an hour and hud reduced his speed to fuur miles before , the car struck deceased. -Witness proj duced an unsigned statement alleged to have been obtained from Miss Roberts. |in which she said. "I did nut expect the | motor car to move, and thought I could xvalk to the footpath xvith safety." The Defence. The judge said the jury had to decide j whether the driver managed his car in a negligent manner—nothing else. ; Accused stated in evidence that he ; had been driving f„ r the past four or five years. His car bad a foot and hand brake. On beginning the descent ac- , cused drove partly on the rails. Approaching the stationary tram his speed was seven or eight miles per hnur. He beard the tram-l>c|]s go, and then pulled over to the left, intending to slopalnngside the taxi-car. As accused reached fnr the hand-hrnke be saxx- Miss Roberts. He applied >he brake. The car skidded on. Miss Huberts, xvho xxas carrying a j handbag, hesitated when she* saw ! accused's car. The car struck her. and she placed her hand on the radiator. She fell straight down. There xvas no 'dragging, as had been alleged. The ear ran on another five or six feet. When 'accused stooped doxvn to lift Miss Hob crts from under the car he could see her head and shoulders under the axle. He drove her to the hospital. Miss Roberts | xvas conscious, and she spoke to ai-enseil admitting "that it was a pure accident." Accused showed considerable emotion at this stage. "At the lime of the collision I xvas several feet behind the tram, and right over on the left," said accused. "What was to stop you pulling up behind the taxi-car, clear nf the tram rails':" asked the Crown Prosecutor.— I could hax-e done sn, I suppose. Why didn't you''-—lt wasn't necessary. I thought, everything xvas clear. Why did you want tn get up level xvith Canning's ear? — I wanted to keep niy owii position. Mr. Meredith: I see. You xvanled tn ibe first away. You had to be al the theatre in 20 minutes. Mr. Cellar objected that th's xvas improperly suggesting a motive, but his Honor over-ruled. Accused admitted that he neither sounded his horn tmr called mil. < Proceeding.)