WITNESS SWAYS.

Auckland Star, Volume LXVII, Issue 173, 23 July 1936, Page 15

WITNESS SWAYS.

INCIDENT IN COURT.

TREATED AS "HOSTILE."

road fatality sequel.

(By Telegraph. —Press Association.)

XEW PLYMOUTH, tliis day,

An unusual incident occurred yestei-j day afternoon during the hearing of a; charge against a farmer, Samuel Edward Hawke, of causing death by negligently driving a truck, when a witnes, subpoened by the Crown, suddenly swaved in the witness box and collapsed. At the time of the incident the witness was being closely questioned by counsel for the Crown, Mr. R. tl. Quilliam, who indicated to the magistrate that he wished to regard the witness as hostile. The witness, William Evans, was with Hawke in the lorry on the night of ail alleged accident with a motor cycle that led to the death of Leonard Blancliard and injuries to his companion. In evidence he said Hawke, another companion and himself, following a sale thev attended on June 11, stopped at the" Oakura Hotel shortly after 4 p.m. arid stayed till just before G p.m. All had four or live drinks he thought, and afterwards he went home in Hawke's lorry. They did not stop between the hotel and his place and nothing unusual happened on the journey. Mr. Quilliam: Did you hit a motoi vehicle or motor cycle?

Witness: Not that I know of. Witness said the police sergeant had come to his house that night and asked him questions in connection with the accident. He remembered the sergeant writing things down while questioning him and reading out to him what he had written, but lie did not think it was correct. He did not tell the sergeant that at the time, but said .so a week afterwards, when Detective Jenvey visited him.

"I think that in view of the nature of the answers to the questions I should be entitled to question witness, about other statements," said Mr. Quilliam.

"You mean you wish to treat him definitely as hostile?" asked the magistrate. "As Far As I Know."

"Yes," said counsel. "The witness has, I think, tacked on to almost every answer the words, 'as far as I know.' It is plain that if a vehicle was, hit or went into a clitch witness must have known, and therefore the nature of his answers shows an attempt at evasion." The Magistrate: You may proceed, but each of your questions must be subject to my consent. Mr. Quilliam (to witness): Did you say to the sergeant you struck something on the road? —Xo. Did you say the object you struck was a motor cycle?—Xo, the sergeant said that himself.

When about to resume his questioning counsel asked witness if lie was not feeling well. Evans said he was not and next moment he swayed and clutched at the side of the witness box. He was helped from the box and a'glass of water hurriedly brought. Evans then rested for a few minutes, still pale and Inopping his face with his handkerchief. The witness returned to the box where he was allowed to sit for the remainder of his examination. He asked to be allowed to tell his story Ilia own way, and the magistrate said that was all that he was required to do, but that he must-not be hostile to the police. Witness went on to describe the visit of the sergeant and the statement which the sergeant wrote, but which witness would not sign.

Mr. Quilliam: Was the statement true or untrue? »

Witness: It was true to a certain extent, but untrue in referring to a motor bike, because I said nothing about it.

Evans said he had asked Hawke what made the lorry bump and the latter replied that it was because the tyres were too hard.

Mr. Quilliam: Why did you not tell me about the bump or the discussion about it?— Because you did not ask me.

Evans was further closely, questioned, and other evidence was given by the third man in the lorry and by a constable before the hearing was adjourned.