ALLEGED MANSLAUGHTER

Dominion, Volume 1, Issue 210, 29 May 1908, Page 9

ALLEGED MANSLAUGHTER

THE COLLISION IN DUNEDIN HARBOUR. CAPTAIN CASHMAN'S EVIDENCE. > U'kom ouu srECiAL connEsrosnriNT.! ■: ■ Dunedin, May 28. The trial of Josopli Coddoi on a chargo of manslaughter, in that- lie. negligently managed his launch in Otago Harbour 011, the " night of April 18, thus causing .tho„collision with tho Lady Roberts and the death of four personsj commenced '"to-day. . Captain Casliman, .9! tho Lady Roberts, said, in the course of his cross-examination, that there was' good water-for 600 feet in : the channel, where, the collision took place. Ho kept 200. feet of good water on his staxboard'side. Ho meant good water; for his .ship, drawing aboiit 9ft. Biri. : .Ho knew that: ,• by regulation 25 ho should keep- to tho starboard sido of tho channel. That was the rulo of iho road, -apart from regulations, when it ' was safe. In this caso he had to keep midway becaus6.it? was not a narrow channel, being buoyed only on one side. . ' Mr;.: Solomons CanVyou,'.point, to any authority which' will teach us that this rule does not apply. to such a. channel as this ? . ' "Witness replied that lie could not. Ho was keoping his pioper position in steering a mid- , ; channel . course. ,He,. steered for the light, aud, that was the. only means of, working the harbour. . ' Mr. SolompnAccording to,what you say, this;man,deliberately-went out',of his course and "ran; straight; into you. without rhymo or reason, arid without cause? :- '. ~ : Witness :.Yes.v Arid -yet you-havo sworn in tho Court bolow . that it .was an error of judgment? Yes;.:'-.'' '■'■:■ i"''' .-. ! ■ .. ; ;- Do > you consider -that an ■ error of judgment'? - . ' i : ' • I cannot '.call '.'it .-.anything el-se. ' Why? ■■".-. Becauso no man in ;lns senses would have done such a thing'. ',' . . ." •. ■ You . say ;that' the .wrongful act this man committed was to turn his boat to starboard ? \ 'Yes. • .j, ' • And that-;was; the cause of tho accident? .Yes. L -Witness, 'in answer ./ to questions, said ho:;didnot.understand, why there should havo been; an' outcry ■ about .danger - oni tho - launch, arid; : in ,consequence, ail'-altering' of her coursd. -Ho supposed that' the launch could travel sevens or. eight knots an hour. Mr. Solomon:. I suggest., to you that,. if. your story is true, the Matakana must havo ; - travelled; over.twenty miles' an hour to cross . tho.: space . between herself ' and the . Lady Roberts. When you saw,-this .vessel forty -,; yards in front, why, did. you not" twist your ■ ' vessel ,"sharp to ' by reversing 0110 engine and keeping,the other going ahead? .■■l "would have been taking chances that no sane man would take. Why?- : ' I -would' -have .been looking- for a collision then., I wouldJiate,climbed right on top of her.'.,;;'-;- 1 .";;■' ' ■ .'■ • Why ? Would not your vessel,havo turned - to starboard, and; thus keeping tho rule : of the road got out-of. the difficulty ?- L did . every thing in my power to avert tho 1 collision. ■ Have'you,not admitjted.in <the,lower-Court , that you appreciated.-that; a ohango in your course was necessary? ; 7 . If I had time to do,it. .'And do you .not, se<),.that,, if it' was necessary to turn your course from the Matakana, " the man in that boat would■ expect you, to turn from her, and that, if you had done so.sho would havo entirely escaped your vessel ? No answer. . Mr. Fraser : ; Looking" back,; is .thero .any : moral thiiig you epuld . hav'e dono ,to save the collision? ,', ' ; '~, ,-" - Witness: Nothing at- all. - ;; -Mr; Solomon: You say .that this, vessel was . about fifty yards on your right' hand sido' j.: when the man changed .his' course?'-' ' : .: Witness': .-Yes.j:.Sho' .wouldt-have passed mo ,„; by 150ft/'r£'sho.--had , ..kept'.beß'c6urg(s.y: Supposoy.you 'ihad : kept going- full speed ; ahead, ;'sho:travelling ; six knot's and you'nine,. ' there would : have been noaccident,; would there? '. J .'I would have been doing.a:criminal action.- ■ 1. Would'it not'.liave,'avoided: tho -accident? , I do-not see that it would. . Mr. Eraser:. If you had gono- full- speed ahead, how . would you now describo j-our conduct? f ... : .. .. , Witness: .! should havo deserved to bo tried for-murder. ■ v.-;; 5 • '■•••■ -.