MANSLAUGHTER CHARGE FAILS

Dominion, Volume 13, Issue 120, 14 February 1920, Page 8

MANSLAUGHTER CHARGE FAILS

On account of a motor accident that occurred on December 3 at the intersection of the Hutt Road and Thorndon Quay, whereby William Edward roister Ivattrass, a railway .porter, was killed, a man named John Foaron, driver of tho motor-ear. was placed in the dock at the Supremo Court yesterday, to answer a charge of manslaughter. His Honour Mr. Justice Edwards was on tho bench.

Mr. P. S. If. Macassey apepared for tho Crown, and Mr. H, F. O'Lenry for the accused. Mr. P. J. O'Neil was foreman of tho jury.

Mr. Macassey said thnt Nattrnss got out of a tramcar at tho Thorndon terminus. and was going towards Tinakori Road when lie was knocked over. Fenron was motoring into the city, and had a nassengor in the car. Evidence would bo_ tendered to show that the car wa6 driven at an excessive speed. \ The whole Question that tho jury had to consider was whether the accused drove his car in a proper and reasonable manner.

Harrv Preston, motorman, said that on the date in question he drove a tramcar to the Thorndon terminus, and arrived there a few minutes to 10 a.m. Witness heard the horn on accused's car "sounded loudly. The car was going very Vast—about 35 to 40 miles an hour. After the motor car passed the tram witness heard a bump, and, looking round, saw a man apparently fall from the top of the bonnet of the cnr to tho ground.. To Mr. o"Leary: The 'car gave a long, loud blast on the horn. Witness saw the driver of the motor after the accident. He was not under tho influence of liauor.

Violet Cardno, married .woman, who was a passenger in the motor-car, said that the car was travelling about 20 to 2o mile* an hour, and it slowedirflown as it approached the tramcar. She heard the horn sounded three times. She saw a man going towards Tinakori Eoad. This mafi bad alighted from the tramcar. When , the motor-car got up to tho man ho seemod to hesitate, and then throw himself on to the car. The cnr swerved, but the man wns bumped. Witness got out of the cnr, and did not go towards the iniurod man.

To Mr. O'Leary: She was upset after the accident, and could not remember what took nlaco afterwards. It was a wild, windy day. Tho wind was agninst the car. It was a strong head wind. Witness was sitting' in front *>f the cnr with tile driver, and asked him what the sncod'was, and he replied 25 miles. The car had a clear run up Tinakori Rond. Nattrass was standing perfectly still when witness snw liim. that was after the long, loud toots of the horn. Witness 6aw him, with others, get out of the tram. The other persons appeared to have heard the tooting .of the horn.

Stephen Pilcher. driver of a motor lorrr for Munt, Gotterell and Co., said hfl estimated tho speed of the motor-car nt. 35 to 40 miles an hour. AVitness had the motor-car in sight right up to the timo of the accident. He saw the car swerve at the entrance to Tinakori Bond, and it appeared to witness that the man had been thrown out of tho car.' Witness did not soo the car strike the man. The man fell out on the left side of the ear. The car was pulled up about a chain from the point whero, the accident took nlace. To Mr. O'Lear.v: He did not profess to ba a. iudge of speed. It was a very windv dav. and the car seemed to be swaving. and that probably would make him think it was going very fast. He bad had experience on many occasions of pedestrians suddenly stepping in front of his lorry. f Louis S. Brake, motor expert, said that according to a scale prepared by tho Automobile Association of_ America, a motor-car with its brakes m pood order and with average road conditions, should be able to stop, if travelling 30 miles an hour, in 83ft„ if at 35 miles in 104 ft., and if at 40 miles in 142 ft. > Accused gave evidence on his own behalf. Ho said that he had bsen a motorcar driver continuously, except for a space of eighteen months, when lie was ■awav at the war. Ho thought two men got out. of the tramcar. He kept sounding his horn till both faced him. _ Ho slowed down, but when lie was satisfied that the two men saw liim ho accelerated the sDf.ed. Nattrass simply ran or dashed at the car with his .bead down. He swerved the car to miss tlio body with the back wheels, and endeavoured to get clear of it bet'oro applying tho brakes. lie was positive ho liad not exceeded 25 miles an hour. Accused statement was supported by otter evioi-ncc. ilis Honour sai'l that there did not ap pear lo be sufficient evidence to submit tho case to the jury, and tho Crown Prosecutor weed. The jurv then formally returned a verdict of not guilty, and the prisoner was discharged.