MANSLAUGHTER CHARGE.

Auckland Star, Issue 291, 9 December 1925, Page 9

MANSLAUGHTER CHARGE.

MOTOR CAR FATALITY. POUR MEN RUN INTO. ACCUSED COMMITTED FOR TRIAL. Late on the night of November 12, four men were crossing Williamson Avenue, Grey Lynn, -when a motor car ran into them. One of the party, Oscai Frederick Swanson, was seriously injured and died in the Auckland Hospital the next evening, after an operation. Before Mr. P. K. Hunt, S.M., in the Magistrate's Court to : day, Ronald Gordan Frankham, mill-hand, aged 27, was charged with negligently driving a motor car on the night in question, thereby causing the death of Swanson; and further, that he did unlawfully kill deceased, thereby committing manslaughter. Mr. R. McVeagh represented accused. Senior-Sergeant Edwards appeared for the police, and Mr. J. J. Sullivan for the next-of-kin of deceased. The inquest into the death of Swanson was taken in conjunction with the hearing of -the charge. Accused was committed for trial. He pleaded not guilty, and reserved his defence. He wa sadmitted to bail of £200. Brother's Evidence. Gorman Gregory Swanson, a tailor, living at 34, Rose Road, Grey Lynn, staled that, at about 11.30 p.m. on November 12, he was going home, via Williamson Avenue, with Hector Arnold Flanagan, George Smith and witness' brother, the deceased. They had come from Ponsonby Road and were crossing the Avenue, walking fairly close together. Flanagan was slightly behind witness. When about 50 yards down the Avenue, witness happened to glance round and saw a motor car about a yard behind. "I called out and jumped forward," said witness, "and the next thing I knew I was on the ground and saw the rear portion of the car bumping over my brother. That was about 10 yards further on. The car appeared to go over him." Witness said that Flanagan was hit, and pulled him (witness) down. Witness rushed to the car and took its number. He noticed that it had no lights burning. He did not notice whether there were lights on before the accident. No horn was sounded. The car was too close for him to judge the speed at which it was going. Witness saw that his brother appeared to be seriously injured and accused drove him to the hospital. To Mr. McVeagh: Defendant drove the car to the hospital?— Yes. He had.no lights?— No. Hector Arnold Flanagan, also a tailor, residing in Rose Road, said that they had gone about three quarters of the way across the road, when he was. struck by the right mudguard of the car. He had his hand on the shoulder of the last witness, walking slightly behind, with, the deceased on his left. Witness was knocked down. When he got up he ran to where deceased was lying, and asked the driver of tie car to take him to the hospital. As the car hit witness on the hip, he thought that deceased would be struck by the radiator. The car travelled about 14 or 15 yards after the impact, deceased being carried approximately seven yards. Witness identified the accused as the driver. There were no lights on the car when it stopped. No horn was sounded. The driver mentioned to witness that the lights had gone out and that he had been looking for the police as he came along, expecting them to report it. There were three other occupants in the car besides the driver —a man and two women. When at the hospital, witness round the hip pocket of deceased's trousers, on the front axle. George Smith, a bootmaker, who was the fourth member of the party, corroborated the statements of the last witness. Passenger's Statement. James Mervyn Adams, a salesman, of Hamilton Road, Ponsonby, stated that on the evening in question he was at Dixieland Cabaret at Point Chevalier, and returned from there in the oar driven by accused. Witness was in the back seat with a Miss Dias, while a Miss Bales was in front with the driver. The party left Point Chevalier at 11.5 p.m., and came by the usual road to Grey Lynn, then by the Great North Road to Ponsonby Road, to Williamson Avenue for the purpose of taking Miss-Dias home. "When we came out of the cabaret the Hght3 would not work," stated witness. "Frankham tried to make them go, and then suggested that we should drive on and look for a policeman, because he had done so previously, when the lights on a car in which , ! had did not work." Witness said ,that the car was kept to the lighted areas. When in Williamson Avenue, the* car was travelling at about eight miles an hour. Witness felt a slight 'bump, and accused said: "We have run over somebody." Witness saw no one about prior to the impact. When the car stopped, deceased's companions were carrying him to the car. To the Coroner: There was a slight drizzle, and it was a very cloudy night. looked for a Policeman. To.Mr. McVeagh: When we drove out we had headlights. We switched them off at the cibaret. When we came out they would not work. Nor would the horn. We turned into Williamson Avenue at about 7 miles , an hour. Frankham drove with the utmost caution. Part of the time he had his head over the side of the car. We looked out for a policeman. We left the Cabaret at 11.5 p.m., and the accident happened at about 11.30. The distance travelled was about four miles. A moment 'before the accident Frankham put up his hand to wipe the wind screen. Witness had never been in a car, when so much care was taken'by the driver. The car was not Frankham's. His own was being repaired. Some Liquor. The Coroner: Did you have any liquor at the cabaret? —Yes. We a bottle of wine and a little' brandy. Marguerite Rita Dias, a young woman, who lives at Williamson Avenue, and who was sitting in the back seat of the car with Adams, was called by the police. She gave evidence on the lines of the previous witness. Mr: Sullivan: , Did you have " any liquor coming ■back?— No. I did notDid any of the others? —No. "We only had about three small nips each at the cabaret. There was not enough, to get drunk on. Violet Wordley Bates, the other passenger, deposed that they followed another car from the cabaret to the Great North Road. To Mr. McVeagh: We had no idea that the men were in the road. We didn't see a thing. _ • __ _'. .'_J I

I Constable Fuller said he was summoned from the watch-house .to the hospital at about 11.45 p.m.. Hβ «w Fr&nkham, who made a statement. He said thaN he had about three drinks at the cabaret, without the authority of the management. The liquor was taken out 'by Adams, and he, accused, was quite sober. He would not sign the' statement on account of the manner in which the portion about the liquor was worded. Dr. A. J. Mason deposed that at about 11.45 p.m. on November 12, deceased was admitted to .the hospital in an unI conscious condition, and bleeding freely from the nose and mouth. He had extensive contusions over the scalp, and a fracture above the right ankle. An operation was performed next morning. Deceased did not ' regain consciousness and died that evening. The cause of death was cerebral laceration, shock and heart failure, following on hie injuries. To Mr. McVeagh: I saw Frankham when he brought deceased to the hospital. He was very much agitated. Recalled, the witness, Swanson, stated that the lights in Williamson Avenue, where the accident happened, were burn* ing- at the time. The coroner found that deceased died on. November 13, the cause of death being laceration of the brain and heart failure, following injuries sustained by him through his having been tui, into by a motor car in Williamson Avenue, on November 12. The car was being driven in a culpably negligent manner by one Ronald Gordon Frankham.