COMMITTED FOR TRIAL

Press, Volume LXXV, Issue 22662, 17 March 1939, Page 17

COMMITTED FOR TRIAL

SEQUEL TO FATAL COLLISION INTOXICATION ALLEGED

William Jaggar appeared in the Magistrate’s Court yesterday on a charge of causing the death of Raymond Henry Fleming, by an act or omission, while intoxicated in charge of a motor-truck. He pleaded not guilty, and was committed to the Supreme Court for trial. On a further charge, of being intoxicated in charge of a motor vehicle in Deans avenue on February 15, he was remanded sine die. '

Together with the charge against Jaggar, an inquest was held into the death of Fleming. The Coroner, Mr E. C. Levvey, S.M., returned a verdict that Fleming died ‘from shock and hemorrhage, following injuries received in a collision with a motor vehicle driven by Jaggar. Mr W. F. Tracy appeared for Jaggar, iand Mr F. D. Sargent and Mr K. J. McMenamin for the relatives of Fleming. The inquest and the charge against Jaggar were conducted for the police by Senior-Sergeant P. C. Felton.

Dr. A. B. Pearson, pathologist at the Public Hospital, gave evidence of a post-mortem. He said that Fleming’s death was due to shock and hemorrhage. Dr. V. J. McGovern,, casualty officer at the hospital, said that Fleming was admitted to the hospital with a compound fracture of the right leg, and was suffering from shock. He saw ho sign of alcohol on him. Doctor’s Evidence Dr. F. L, Scott, who examined Jaggar at the police station at 5,65 p.m. on the day of the accident, said he found the accused very intoxicated. Fred King said he was cycling along Deans avenue towards, the Carlton Mill bridge near the bend at the intersection of Deans avenue, Fendalton road, and Harpfer avenue, at 5.10 p.m. on the day of the accident. The truck approached him, going too fast to take the bend. It seemed to come straight across the roadway towards him and he was forced to go across into loose shingle. Soon afterwards he heard a crash and went back and found there had been an accident in which the truck and, a motor-cycle were involved. Stuart D. Meares, who was crossing the road near the scene of the accident just before it occurred, said he saw the truck travelling about 35 miles an hour. It swung right over to its wrong side. He saw the motor-cyclist approaching on his correct side from the opposite direction, at a normal speed. A collision seemed inevitable. The right front mudguard of the ' truck struck the motor-cycle, which he afterwards discovered had two persons on it. Both young men on the motor-cycle were thrown into the air. One of them was thrown about six feet upwards, and landed on' the footpath. The truck appeared to go into a skid afte>’ the collision, and swung round towards the river, with a rear wheel in the ditch. Roy Grenville Hamilton, who was with Meares, gave similar: evidence. He said he did not see any sign of liquor f on Jaggar. Charles Bax, superintendent of the City Council’s car-testing station, said he had examined Jaggar’s truck, and found that the pressure on the front brakes was uneven, and would cause the right-hand front brake to lock on a sudden application. The truck would not have passed the test for a warrant of fitness, . , . Inspectors’ Evidence John W. M. Snow, a traffic inspector employed by. the Christchurch

Ciiy Council, said that soon after the accident ‘ Jaggar’s breath smelt strongly of alcohol, and his gait was unsteady. . Similar evidence was given by another traffic inspector employed by the council, G. P. Kay. . Ernest Jones, head mechanic of the firm from which Jaggar bought his truck, said that Jaggar had complained that the accelerator was stiff. Witness said he had found the throttle-arm return spring too strong, and he had replaced it with a lighter spring. The lighter spring had been shown by a recent examination to have broken. This would have the effect of preventing the accelerator arm from returning to an idling position.