THE COURTS.

Press, Volume LXIII, Issue 18922, 10 February 1927, Page 6

THE COURTS.

SUPREME COURT. ' i:Jc:ovc ins Honour Mr ,lu«;;.-e Adam?A 'I l-e criminal session? ot the (.' ii!'. »'t:c colic'.udcd yrstcniay. ri.KA Or GUILIV. A:isiujj r.it cf an accidcri' 0:1 ttic l!;ccar- :■..! r..:i.l oil .Yuvemlcr till. :u'ir charges ...-t preferred sgjins! llcniv Ucnham, two .■; manslaughter and two of negligently liKvui? a motor-ca.', thereby causing death. Donhiiiii, ■■ ho was uprrientcd by Mr R. A. Cir.hbcr!. j.lo»cicd ;:ui!tv. Th? charge? .1: manslaughter wcie v.lUiua.vn after ac--1 \<-cd made Lis plea. Accused wa.« charged ;n ;u!!ows : I'nla-.viuilv killing llvclin Blanche Hildc-

Negligently driving a motor-car and causing tin- dralli "f Kvch'll Blanche HiMobrand. I'nlawfiilly killing David I-'orsyth and coinm.iiing manslaughter. .YcJhgcn'Jy driving n in-~it<.>>-•-.!r and ca'.isii".- tin* dceth of David Forsyth. Accused was remanded to appear foi senKnee at 10.IS a.m. on Fridav. Bail was ullowwl. A SKKIOU.S CIIAIU.K. Sidney .ir.mes L'llcy (Mr H. I), van A.«:-ht "a -1 charged with carnal knowledge ct a oirl under the ace <>i It! year?. The jury retired at 11."0. and returned at 11.47 v.iili a verdict ot not guilty, and piisoncr was discharged. XOT OUIWY.

James l.udeman Matthews i.Mr Thomasi p'<ad<d not guilty to a charge of recklessly driving n motor vehicle and causing the death of Ivy ixmisa Boon. Br fore any evidence was taken, (ho jury vi-ited the t*cene of the accident. Mr Donnelly said that Mr and Airs Boon and others were returning 10 C'hristchurch in a motor-van when accused collided wiih the van. It was perfectly obvious.that the cornei was a dangerous one. The suggestion of the Crown was that, considering the corner, urcmed was t'-aveUing at too fast a pace, no fast that he failed to ncgotiat" the coiner and ran into the van, which wa» well on lo iU right side. Charles William Boon, milk vendor. Sproydon. said that he was driving a rnvrfcti l'oul van. lie was returning to L'liristchu'ch, with others in the van, at about 5.50 p.m., Mrs Boon being in the back. The van was travelling at about la miles an hour. He did not remember anything about the accident until he wc»;c up ill tlio Hospital. To Mr Thomas: He did not consider the. front scat of a van too small to seat three people. Theodore J. H. Sullivan, contractor, said be was in the front seat of the van. The van was going about 15 or 10 mile 3 an hour. He remembered seeing the lights of the approaching car. To Mr Thomas: They had been to a picnic, but there was no singing going on in their van. Samuel H. Sullivan, schoolmaster, sail he wan silting on a hex in the Icit-hand side of the van, and his dialer was pitting directly opposite. Mrs Boon was sitting nearer the back, with two children. Just as the van was leaving the comer he heard a scream. Almost nt the same time them was a flash of light through the front of the van. There was a noise like that <( a gun. His sißter. the two children, nnd himself were liurled out of the back of the an. lie found. Mrs Bcor. lying behind the car, r.eaicr New Brighton. Before the collision look placo the van was on the rorrect side of the road b->vond the tramline. The van after the accident finished up at right unfiles across the road. To Mr Thomas: The Tight front wheel of the niolor-':ar was shattered. He did not know he was approaching an intersection. Leonard G. Ditford, dairyman, taid on the night of the accident he. was driving a van, following the van driven by Boon. He was travelling about 13 or 10 miles an hour. He was about 16 yards behind, on the correct side. A* he came to the bend he noticed accused's car which, when reaching the second corner, shot_ over the road. Witness no sooi.er turned 'lis wheel, to get as far ever on his right side es possible, when the collision took ulace. He estimated that accused was travelling 40 to 50 miles an hour. Accused's car slopped about 11 or 15 yards i>ast the place whore the collision occurred.

To Mr 'Thomas: When witness fust saw Matthew* he was on hi* correct side He could not say how far he was awav whenhe r.iw accused approaching, lie did not see the cir. hut just the lights. It. was bv the liarlits that he judged iiis estimate of accused's speed. Vivian SullivoQ,' lahourer, said ;! o was in the van driven bjr Ditford.- Re «aw accused's car coming towards (hem about 100 yards away. Tho car would be travelling about 40 to SO miles an hour. As it approached the corner tho car was on the correct sido of the road, hut on rounding the corner it bored nrross and struck Boon's van. To Mr Thomas: He judged the speed by (he swerve of the light" coining lonnd tho bei.d. , ~ , , fiordon K. Fennis. farmer, said dial lie spoke to accused after the accident. Accused smelt stronsly of whUkv. He estimated the spce<l at ">0 miles an hour. To Mr Thomas:, He had only seen accii"«l Rpprmchinp for a flash. Frank G. Buckley, tramway employee, said that ho nicked up the fragments of a tumbler in the back of accused's car. He was not prepared tb swear that accused had htid o-nv drink. "Willia'm J. Lester, cutler, said that on the night of tho accident he was in Bucklev's road, about half a mite from the corrcr. He was attracted by the noise of the engine of accused's car. which was travelling about 40 miles an hour. Soon after the ear passed him he heard the sound of what he thought were two crashes. To Mr Thomas: He would swear that accused was travelling A 0 miles an hour. James McCleary, City Council employee, estimated the speed of the car at about 40 miles an hour. r Ralph Butcher said he saw Matthew's car approaching him from Buckley's road. The car was raising a lot of dust and going verv, fast. To Mr Thomas: He had not noticed that Buckley's road was an exceptionally dusty one. . Constable Myers said when he arrived at the scene of the accident, ho found the hand-

hraivo off accused's car. Accused smelt of liquor, but was not drunk.

Herbert Mcintosh, Chief City Traffic Inspector, said accused held a taxi-driver's certificate. Under the by-laws the speed at intersections was 1'- miles nn hour, and this corner came within that area. He examined accused's car and found the brakes in fairly good order. To Mr Thomas: Ho saw accused frequently, and he was a decent, sober man. * Detective Thomas said that he arrested accused. "When the warrant was read over to him, accused said: "Thank God I camo round."

Accused said that he had held a license to drivo fo. - seven years. H«» had been to tlie war, was gassed, and had suffered with hi? nerves ever since.

Cross-examined by Mr Thomas as to his movements on the day of the accident, and with rcicronco to drink, accused said ho had only had two glasses that day. Mr Donnelly said that there was no suggestion that drink had caused the accident. , Continuing, accused said that ho was travelling at about 30 miles an hour in Buckley's road. The impact took place on thn tram lino on his correct side. His ear hit the other car behind the driver's scat. The statement of witnesses for the Crown with regirtl to the speed ho was travelling were ridiculous.

To Mr Donnelly: He thought (hat Boon was on the wrong aide of the road. He slowed down to 18 miles an hour approaching the corner. Walter Scott, garage proprietor, was called for the defence, but his Honour ruled that tho evidence was not admissible, as Mr Thomas wus askinc the witness to dra.w inferences that only the jury woro entitled to draw.

Mr Thomas submitted that the estimate of accused's speed by lights coming towards him was ridiculous. Accused had stated that ho was travelling along Buckley's _ road nt !W miles an hour and had beep quite frank about it. Tho onus was on the Crown to prove (hat accused was guilty of negligence, and accused was entitled to any doubt.

Mr Donnelly said that there was the evidence of the passengers of • the two vans, corroborated bv other.*, that accused was driving- at a dangerous rate of speed.' His Honour said the question was whether the jury accepted tho evidence of witnesses that accused was travelling at to to 50 miles an hour as a dangerous speed. They must bo satisfied that the death of Mrs Boon was caused by the nogligenco accused. The jury retired at 4.30 p.m.. and returned at 5.08 with a verdict of not guilty, and prisoner was discharged. A DAKGEROUS CORNER. The foreman said that tho jury considered liio corner a highly dangerous one, and suggested that something should be dono to rectify it immediately. Tho macrocarpa, fence was too high, and the light should he at the corner instead of, as it was, at present, nlmost a chain away. His Honour said tho recommendation would be attended to.

MAGISTERIAL. (Before Mr H. P. Lawry, S.il.) WITHOUT A TICKET. John Stephens was charged with travelling on tho railways without first having obtained a ticket. Ho pleaded guilty and wa a fined £l. ATTEMPTED SUICIDE. An elderly woman pleaded guilty to attempting to commit suicide.

Mr Twyneham, for the accused, said that she had been a mental case some time ago, but, with the one lapse, had been normal sinco that time. Her relations had undertaken to watch her closely." The accused was convicted and discharged.

PROBATION. Wm. Benington Roberts pleaded gtiiltv to obtaining goods valued at £9 7s by presenting a valueless cheque at Lyttelton. The Chief-Detective said that the accused was 32 years of age. Nothing: was known of his record. Tho accused was admitted to two years' probation, and ordered to repay the sum of £6 7s. On a charge of stealing, at ICai.ganui, the sum of £1 7s Id, he was remanded to appear nt Wnnganui. LICENSING. Joseph Patrick Goulding, licensee of His Lordship's Hotel, was convicted and fined £3 for selling liquor alter hours. Annie Goulding, similarly charged, was lined £2 and costs. James Seymour, charged with being a r*rjon other than the licensee of tho Club Hotel, he supplied liquor after hours, was fined £2 and costs. For a. breach of his prohibition order, Ralph McXisb was fined £2 and coste. Tin- following for being found on licensed premises after hours were- convictcJ and fined, with costs:—James Wilkie \vcry (King George Hotel) £l. Gerald Robert Blancbfield (Storey's) £l, John Brosnan •Storcv'-i) £l, James George Campion iCafe de Pari', i'l, Robert Cook (Storey's) £l, Arthur Joseph I'rascr (His Lordship's) £l, leor-« Gillies (Club) £l, Raymond Henry Grcave« iStorev'si £l, Jame3 Jackson (Cafe do Pari«i £"..'Michael Kirwan (His Lordship's) £l. William Kirwan (King George) <-l William Reginald Manague (Storeys) £l, Thomas Falconer Mullen (King George) £2, Frederick Pavne (Cafe d; Pans) £l, John Smith (Clubi" £l, Ernest Wallace (Store's) £1 Colin Waters (Cafe de Pan.) £2, John William Austin (King George) £l. Gerald Robert Blanchfield. further charfcn with failing to dve hi. correct name to the, police, was fined £l} Thomas ialconer Siul- (

lon, similarly charged. was fined £2 and John AVilliam Austin ill." ASSAULT. Henry Herbert Pcarco was charged ivilh, on December 21th, - unlawfully assaulting Sydney Leonard Wilbraham, with unlawfully assaulting Gladys Carter, and with driving on Ferry road iu a manner dangerous to the public. ' Mr Haslain, for the accused, pleaded not guilty, Evidence for tho police was to the effect that the accused drove slowly alongside Wilbraham's car, on the Ferry road, obstructing its passage. Wilbraham remonstrated and a fight ensued, in which tho girl Carter 'also participated, and her young brother, both being hit during the passage at arms. Accused was fined £5 and costs for dnvin» in a dangerous manner, £3 for assaulting Wilbraham, and £2 for assaulting Glady, Carter.

KAIAPOI. (Boforc Mr. E. D. Mosley, S.M.) CIVIL CASES. Judgment for plaintiffs by default was given in the case K. J. McPheo and 8. Cook, claim i' 9 17s 6d. S. Kerako was ordered to pay C. H. Burrows £ls IBs Bd forthwith, in default sixteen days* imprisonment, warrant to Bo suapemded so long as debtor pays the sum of 5s a week. B. L. Scott tras ordered to pay J. H. Baird £6 lis 6d, in default seven dajV imprisonment, warrant to be suspended so long as debtor pays tbo sum of 3s per week.