TAWA FLAT TRAGEDY

Dominion, Volume 20, Issue 255, 27 July 1927, Page 5

TAWA FLAT TRAGEDY

WALLING BEFORE THE COURT ’CHARGE OF MANSLAUGHTER The trial of William John Walling on charges of committing manslaughter and of negligently driving car so as to cause tho death of Helen Teller was commenced at the Supreme Court yesterday morning. Mr. Justice MacGregor was on the Bench and accused was represented by Mr. W. Perry. Permission was granted the jury to visit the scene of the motor collision before the case is resumed this morning. Outlining the case for the prosecution Mr. P. S. K. Macassey. Crown Prosecutor, said it was alleged that while returning from the Otaki races at 6.40 p.m. on June 3. accused, who was driving a Hudson Sedan car, accelerated to pass a car driven bv one. Coleman, at a dangerous spot, known as . Piebald Corner, on tho narrow road between Tawa Flat and Johnsonville. Coleman's ear was on its right side and travelling throe feet from the edge of the road, where there was a steep bank. As he passed Coleman's car accused pulled over to the left, tho near back wheel of his car striking tho front wheel of Coleman’s and forcing the car over the bank. It somersaulted four times, until its further progress was stopped by a tree 67 feet below. Mrs. Teller, a passenger in tho ear, was killed, another passenger named O’Rourke had his ankle broken, and Mrs. Coleman was also injured. 'Tho Crown alleged negligence on tho part of accused, because, allowing for tho width of the two cars, thero was only about three inches of road to spare where accused had tried to pass. Had another ear been coming round tho bond just ahead, sSid Mr. Macassey, a very serious accident would have occurred. Accused, when interviewed at Eastbourne, stated that when returning from Otaki and bearing there had been an accident near Tawa Flat ho stopped and rendered assistance Ho explained that the mark on the front of his car was caused by touching a post in Garrett Street, Eastbourne. A mark on the rear mudguard of tho car, which tho Crown contended was clearly made by a revolving wheel, accused, could not explain. Dr. Robert F. Aitken, Johnsonville, said that a day or two after the accident he had examined Mrs. Telfer, and found that her neck was broken, tho chest-wall fractured and tho breast-bone I'racturcd transversely. Frederick William McCourtio, assistant chief traffic inspector for the Wellington City Corporation, produced a plan of the locality, showing that where tho accident occurred the road was 16 feet wide. Tho bend, ho said, was a bad ono and ho would not attempt to pass anvono there. There was always tho possibility of a car coming from tho other direction. Tho mark on tho near rear mudguard of tho sedan car would bo caused by a revolving wheel. To Mr. Perry: Tho point where the ear went over the bank was not tho point of collision. At the spot where tho car plunged over thero was 17 feet of available road, and for some distance back this would 1 o the width. Also thero was a deflection in tho road and along the fenco the road had fallen ftway» Mr.’ Perry: I put it to you that thero was amplo room for a car to pass.— “No. I don’t think there was. Take three feet from tho edgo and add six feet for tho cur in front; that leaves another eight or nine foot. ’Well, 1 ■wouldn’t like io pass a car there. . benior-Sergeant Dinnie, of tho Criminal Registration Branch, produced photographs of tho sccno and of tho real’ mudguard of Walling’s car, and Archibald Telfer, husband of tho victim of tho accident, gave evidence of indentification. ' Had No Warning. Alexander Coleman, driver of the car which had gone over the bank, said that thero had been five passengers, his wife, Mrs- Telfer, his two young Sons, and a man named O’Rourke. Iwo miles on the Wellington aldo of Tawa Flat a big, dark, closed-in car had passed him. He knew nothing of the car until it had been practically in front of him. Ho npnlied his brakes and the mani W front realising this, shot to the other side of the road. The left-hand rear wheel of the car had caught his-front wheel, and his car, which had almost stopped, had gone over thg bank. He was doing about 20 to 25 miles an hour, and the oilier man would have to travel nt an other 10 miles an hour in order Ito ones him There had been no horn sounded. bu™’nt the moment of the impact there had been n sound of metal on metal. The ear had turned over four times on ’ tS To°Mr'Perrv: There was a gap bo- * Mr” Sr/rimß it io that you mistook that gap for which von bad been travelling ” , O’Rourke, who stated also tllint t had not done more than .□ miles h ° Ur ’ Seen From Behind. Edwin Thomas Skews, a motor mechanic, aid that just before reach, ng Tbobald Corner ho had seen tho pass the Buick and cut across in fron If it From 50 yards away ho heard the sound of impact like two collidine, and saw the Buick mango o the bank. Th e Hudson accelerated, and went round the corner, and see nrr , witness had chased it m his car. AW half a mile further on ho aauglit I with it. There it had had to slow down because of a taxi ahead f » nnd he had token the number, which was Perry: Bo was quite certain that ho had not lost sight of the sedan. Mr Perry: Aou werd 50 yards beluna, and it is only 46 yards between the, spot nf the accident and the corner. Can yon explain why you didn t lose sight ol the sedan?—“No, I can t. Thomas Evidence was also given by 1 nomas Richard Miller, who was a with Skews; Sherwood Alan . Capon, a taxi-driver, who had been driving ahead of Coleman’s car. and who said that: no car had passed him between nor and the foot of the hill: Wil ham Francois Blackwell, who had been in < car behind Skews; Police-Sergeant Snarks, who said that accused had admitted driving a sedan numbered 77-256 from Otaki races, and that he had examined a post in Garrett Street and found graze marks there. The Court then adjourned until IO.JU thus morning.