MOTOR-CAR FATALITY

Dominion, Volume 13, Issue 118, 12 February 1920, Page 6

MOTOR-CAR FATALITY

DEATH OF MRS BLACK

CHARGE OF MANSLAUGHTER

Bevet Barker Williams, motor driver, appeared in tho dock in the Supremo Court vesterdav to answer a charge of having negligently driven a, motor-car so as to kill one Mabel Black, thereby committing manslaughter.

His Honour Mr. Justice Edwards was on the bench. Mr. I'. S. K. Macasscy aoneared for the Crown, and Mr. T. Neave ' for the prisoner. Mr. Albert Crosby* was foreman of tile jury.

The tragedv occurred near the Courtenav Place tram terminus on November 6. 191!). The evidence in the case was oublished very fully when the inquest was held, and again when accused was charged in the Magistrate's Court.

Mr. Macasscy, in outlining the case vesterdav. said it would be shown that Mrs. Black, a young woman who had good hearing and eyesight, was killed in broad davlight in a long, wide street when there was no traffic on the road. Mrs. Black had come down Majoribanks Street, and was crossing to the tramslied at Coui'tjnav Place. Accused was driv'inir a taxi-cab down Kent Terrace with a passenger aboard, and he drove over Mrs. Black and killed her. The explanation that accused gavo was that he blew his horn, and the lady stopped, and then went forward. He blew the horn again, and she went back and then forward again. He then eased up the car, and tho ladvj went back nnd then forward in front of the car, and was struck and knocked down. Accused alleged that ho nulled up his car in fifteen or twenty feet, nnd went back to see if the lady was hurt, and afterwards had a doctor railed. Accused had been driving cars for eight years, but had been a taxidriver onlv since June.

Evidence was given by Stanley Liddell, of AVanganui, a student, who estimated the. sneed of the taxi at about fifteen mi'es Der hour when the accident occurred.

William Evans, a labourer, said that on November G last he was standing near the Dost, office in Courtonay Place. It was then a little after 2 p.m. There was a fruit cart standing right at the corner. AA r it.ness walked across to the fruit cart, and continued on, towards a lady, who was comimr towards him. AVhen he was about fortv feet from tha edge of the footuath he saw tho lady struck by. tho motor-car. He did not see her hesitate at all. The car carried her along about fifteen feet, and dropped her near the tramwav oost. Two wheels then went right over the body, and the car pulled Ud about forty fc-ct fronv where the body was lving. The woman was carried ahflul: fifteen feet before she was dropt>ed. AVitness was about twelve feet away I'rom Mrs. Black when sho drooned by the car. Sho was then :y----ine about fifteen feet from the tramway oost. AVitness did not see the lady hesitate at all. She walked steadily along. AVitness was the only person in tho street at the time, and there was no traffic. The taxi was travelling at about fifteen miles per hour. AVitness saw accused immediately .after the accident and imbraided him .in strong language for causing the accident. AVitness did -not hear the horn sounded— heard no sound whatever. Had the horn been sounded he must have heard

' To Mr. Neave: Witness did not see the Inxi-car beforo the accident. The lady was coming in a straight line towards witness from the direction of Majorihnnks Street. Ho did not see the lady run. and ho was looking at her all the time up to the accident. Tho car was travelling about 15 miles\ per hour after tho accident. Witness' thought the driver could have gone round and so have avoided the accident. He had stated at the inquest that accused had said to him thnt the lady had hesitated and that he had told accuse that she did not. Winter C. Farrer, post office cadet, also gave evidence. He said he was in Kent Terrace on the afternoon of the accident standing near a Shop on the footpath. Witness saw the taxi when it got to the end of Kent Terrace near C'ourtenay Place. The speed over the crossing was in his opinion too fast. He saw Mrs. Black near the tramway post, and then saw the taxi coming round Kent Terrace. Mrs. Black did not notice the car until it was just on her, and then she started to run. The driver ran 'right into the lady and knocked her over. Witness did not know whether the driver saw the lady. 110 did' not hear the horn blow. The car was pulled up near the kerb. To Mr. Neave: Tho speed of the car was not too fast for ordinary street traffic, but too fast for a street crossing. Alice Barry Marfan repeated the evidence she gave in tho lower Court. She stated that it was tho speed of the car that, attracted her attention. She saw tho accident and noticed that Mrs. Black began to run when the car was almost on her. Ivy Alico Stevens also gave evidence. She was in the company of the previous witness'and gave similar evidence. She said she did not hear any .sounding of Ihc horn. Nana Bhana, a Hindu fruit-hawker, whose stand on the date in question was at Courtcnay Place, slated that he saw tho accident. Ho saw the woman run just before she was knocked over. Percival Walter Wood, commercial traveller for Kempthorne, Prosser and Co., who was in ■ C'ourtenay Place, said that his attention was attracted by a scream, and looking round lie saw the motor-car which was then bumping. He could not see what was causing it to bump. It then swerved and was finally brought to a stop near the kerb. When the car got out of the way he saw Mrs. Black lying on tho ground. From that point to where the car pulled up would be about 10 yards. The car was going fast: He did not hear the horn sounded. To Mr. Neave: The car had passed over the tram lines beforo the collision. ' Ernest Gcorgo Featonby, plasterers labourer, who was working on a building at tho corner of Kent Terrace and Courtcnay Place, said that his attention was attracted to tho motor-car bceauso of its speed. It was going fast. AVitncfK next heard a scream and saw that a woman had been knocked over and the car shot out towards the kerb. Witness did not hear tho horn sounded. There was no traffic 'in tho neighbourhood of the accident. Constable John Hunt, who made measurements, said that from the point where Mrs. Black was struck to where she was found lying was 15ft. The car was finally stopped 27ft. from whero Mrs. Black was lying, or 42ft. from whero sho was struck. Witness saw accused after the accident and ho staled that ho blew the horn three times. Accused smelt of liquor, but was drunk. , , ' Sergeant Lopdcll read Ihc statement made by accused at the Taranaki Polico Station. This closed the case for tho prosecution. , Mr. Neavo said that ho did not intend to address the jury before calling evidence. Ho suggested that the jury should visit tho locality before hearing Ihe evidence, but asked permission to call Mrs. Powell, who was not very well. Mary Louisa Powell, residing at 72 Kent Terrace, said she was a passenger in the car driven by accused on the dale in question. She engaged accused iji Kent Terrace and intended to go to tho Public Trust Office. Iler house was near the Basin Reserve. The car was not going fast, not as fast as tho tramcar would over tho same spat. The car slackened speed when approaching CoKrtcnay Place. Th'e horn was sounded twice. She did not seo the lady, and tho first she knew of the accident was when tho car pulled up at tho kerb. Witness thought there had been a train accident.. To Mr. Macassey. witness staled that the car started from her house at the ordinary suced of a molor-ciir. She was positive she heard the motor liroi sounded twice. Witness did not hear tho woman scream, nor did she feel the ear going over tho bedv. She did not fo?l tho car bump. Witness had no' idea that anything was wrong until tho motor-car pulled up. The jury were taken out to see the locality, and as it was then getting late His Honour adjourned th? further hearing until this morning.