TRAM MOTORMAN ON TRIAL

Press, Volume LXXIII, Issue 22081, 1 May 1937, Page 9

TRAM MOTORMAN ON TRIAL

MANSLAUGHTER CHARGE PREFERRED

FATAL SMASH AT DUNEDIN

(PRESS ASSOCIATION TELEGRAM.) DUNEDIN, April 30. A charge of manslaughter was preferred to-day against Alfred Chapman, aged 33, driver of the tram-car that left the Opoho line and crashed into a vacant section early in the morning of April 15, inflicting fatal in juries en John Kenny. The charge was that Chapman, by omission without lawful excuse to perform or observe his legal duty, did cause the death of Kenny, thereby committing manslaughter. The depositions of the witnesses at the inquest were read over to them in the criminal proceedings. Counsel for the accused contended that the prosecution must prove definitely first that there was a legal duty to be performed by the accused; second, that he had omitted to carry out that duty. The summons did not disclose the omission alleged. In poin' of fact Chapman was doing everything in his power to prevent the tram running away. The evidence showed that he applied the magnetic and hand brakes, that they did not work and that he was in the process of effecting movements necessary for the application of the third emergency brake when the car went off the rails. The Magistrate (Mr J. R. Bartholomew) said that the information as it stood was somewhat indefinite, but in substance it was a charge of manslaughter. It could be amended to be made clearer with the interpolation of "being a motorman in charge of nn electric tram-car" at the beginning He was of the opinion that a prima facie case had been made out. The accused was committed for trial. He was allowed bail in his own recognisance of £SO.