MANSLAUGHTER CHARGE.

Press, Volume LVII, Issue 17227, 18 August 1921, Page 3

MANSLAUGHTER CHARGE.

SEQUEL TO FATAL COLLISION. DAISY FAEMEE COMMITTED TOR TRIAL.

On tflio evening of June 7th, a taxicab, containing a party of six, while motoring from Yaldhurst, collided with a dray on the Yaldhurst road. One of the members of the motoring party received a broken arm and other injuries causing his removal to the Christchurch, Hospital, where he died tJbree days later. As a sequel to the collision, Alfred Denton, dairy farmer, Yaldhurst, the driver of the dray, was yesterday charged before Mr Wyvern Wihon, S.M., with manslaughter. Sub-Inspector Simpson conducted the prosecution, and Mr C. S. Thomas appeared for the accused. Dr. A. B. Pearson, pathologist ac Christchurch Hospital, said he held a post-mortem examination on the body of Frank Keenan on June 12th. The cause of death was shock following injuries, and associated with chronic alcoholism. He did not think that the injuries alone would have caused death. There were two causes of death —the injuries, and the fact that deceased's system was undermined by alcoholism. If it had been a healthy man who toad received those injuries he would have got well. George Herbert Thomson, senior house surgeon at the Christcuurch Hospital, said that Keenan'e death was dn*. .to shock, resulting from injuries which were aggravated by delirium tremens associated with chronic alcohoLiMn.

Arthur John Niyen, taxi-proprietor, of 10 Alfred street, Ghristchurch, said he was engaged on June 7th by Miss Kelly to a. party to Yaldhurst. They stopped at the Koyal Hotel,'and the passengers went,, jnside. The car then proceeded to Yaldhurst, and a stop was made at the Yaldhurst Hotel, whore he had one drink with the passengers—it was a medium porter-gaff. After a few minutea he was called outside. On re-entering, about an hour and a quarter later, he found all thepassengers in the sitting-room. The party came away shortly afterwards and made for Christchurch. It Was dusk, and the passengers were sober enough. The lights of his oar were burning. Just prior to the accident he had; his "dimmer" lights on.. The car was travelling on the .kaldhurst road, and had turned/ about two or three hundred yards from the Riocarton Church corner when witness saw a cart approaching. He was almost up to the cart ; which had no lights,' and was coming along on his left-hand side. He immediately applied the brakes, and ferved to the right. The shafts of e cart struck Keenan the arm and tore off the hood and windscreen. After the accident he got out and asked, the driver of the cart, the accused, if he was hurt. Denton was not sober. Witness then rang up the police. : Cross-examined by Tir Thomas, witness stated that he only had a drink occasionally, and was not •an excitable man. He knew that one of the party had sworn at the inquest ..that he had more than one drink, but:he denied that., All the party were sober, when they left, the Yaldhurst Hotel. He remembered ■ that at the inquest the six occupants ■ of the car had drawn maps, and, that no two ofgjthem had placed the car ariS tht» cart in the same positi~ns. ' To Sub-Inspector Simpson: He was travelling' at. about. J.B. # miles per. hour at\thej.;time of the. accident-. ; .,, . . i. <3!homas Anderson. ag«j,, 17rwho resides with his father at the Gladstone Hotel, said- he-f knew - Keenan, who ar-' rived oh the Sunday morning • prior to the accident;' On June 7th no accoftw panied Keenan -with : others on a motor ride to Yaldhur.st Hotel. There.-they had four rounds of drinks, witness taking sarsaparilla and lemonade. They were all right when they left the hotel about three-quarters of an hour after. Keenan was the worst of the. lot, and he had more drinks,than the rest of them, but he was not drunk. Witness was sitting in a back seat. He heard a crash or brolftn glass and felt a I bump. 'Deceased and witness got out 'of the car, and they went back to.see what was wrong. Witness thought that the car was on the left-hand side of the road. He did not see the cart' until He got out of the car. Prior to Keenan coming to Ohristchuroh he was at the Dunedm races. Keenan was a periodical drinker. •

Samuel McCarthy, Stipendiary Magistrate, who held an inquest on the body of Keenair on June 12th and 29th, also gave evidence. Constable D. Hannifin said that when he arrived at the scene of the accident on the evening of June ; 7th. he found considerable,'confusion, existing. Just as he-arrived, the dray and horse were taken' off the tram-line, which was on the left-hand side of the road going out. The accused was drunk, and witness locked bin up on a charge of ;being.drank while .in charge of a torse and cart, and also for driving without lights..' . ; To Mr Thomas: The accused was not paralytic drank, but was too drunk to be in charge of a horse and cart. He seemed to have a fair amount of sense about him~ and he said the accident was not his fault. Niven was Bober, but somewhat excited. Mr Thomas asked the Court to dismiss ' the information on the ground that there was no prima facie caso to send to a jury. He admitted that Denton was negligent in driving the cart, but that was not the cause'of the accident nor the cause of Keenan's death. The real reason of the accident was that Niven was driving on the tramtrack, which was the best part of the road. At the inquest there were Bix different plans as to the position of the car, put in by witnesses. _ His Worship: Supposing the taxidriver and Denton were both to blame, that, did not absolve the accused from his liability. . . Mr Thomas pointed out that it was not the accident which was the cause of death, but it was the shock, tb- § ether with the alcoholic state of [eenan, who became violent and unconsciously killed himself. In face of the.medical evidence and the other evidence, counsel submitted that it was not a case to go before the jury. The Magistrate said there was a case which the accused should answer before a jury. Denton pleaded not guilty, and wbb committed for trial. Bajj was allowed self in £IOO, and one surety of £IOO.