SEQUEL TO MOTOR FATALITY

Dominion, Volume 22, Issue 185, 3 May 1929, Page 6

SEQUEL TO MOTOR FATALITY

MOTORIST FACES SERIOUS CHARGE COMMITTED FOR TRIAL Dominion Special Service. Wanganui. May 2. The sequel to a motor fatality in Maxwell Avenue, Durie Hill, on the night of March 21 last, took place in the Wanganui Magistrate’s Court this morning, when William Edward Scarlet Wilson was charged “That he while in a state .of intoxication in charge of a motor-car and by an act of omission relating thereto did cause the death of Thomas Featherstone Philipson.” Chief-Detective Lopdell appeared on behalf of the police, and Mr. IV. .1. Trendwell for Wilson. Chief-Detective Lopdell said the accident occurred at 7.15 p.m. Accused was driving his car towards his home, and the deceased was walking towards the city. Alice May Philipson, wife of the deceased, said her husband had returned from Wellington that afternoon about 3.30 p.m., and after working at his firm’s store returned home about 6 p.m. Shortly after 7 p.m. her husband left to go back to his office. In reply to a question witness said her husband used to frequent the Maxwell Avenue route. His hearing and eyesight were excellent. It was generally a practice for pedestrians to walk on the road in that locality. Dr. A. J. Crawford said that about 7.30 p.m. on the night in question he received a message to go to Maxwell Avenue as an accident had taken place. On arrival he found deceased lying on the footpath, but life was extinct. He directed that the body be taken to the hospital. Cross-examined by ChiefDetective Lopdell, witness said that when he arrived at the scene of the accident Wilson was excited and his speech was thick. Otherwise he was capable of taking care of himself. Witness considered that there were signs of liquor about the accused. Later the accused admitted having five drinks, two at Turakina about 4 o’clock and three in Wanganui up to 6 o’clock. The drinks were whiskies. In reply to a question by Mr. Treadwell, witness said that the street lighting in the vicinity of the accident was not good. Accused conducted himself in a sane and proper manner while giving details to the police. Witness considered it was a dangerous practice for a person to walk in a road with the present amount of motor traffic. To ChiefDetective Lopdell witness said the accused was a man who could look after himself under any circumstances. At the conclusion of the evidence, Mr. Treadwell said the true test in the ease was that a person while in a state of intoxication and in charge of a motorcar did some act of omission relating thereto. The whole matter seemed to him to hinge upon the meaning put on the words “state of intoxication.” The test was whether Wilson’s mental faculties were in a normal state, and whether he was capable of controlling a ear at the time of the accident. If his actions were similar to a sober man, then it was a very fair inference that, while he may have had a drink or two, his mental faculties were in a normal state, and be was capable of controlling a car. The fact of what he had said, and his frank admission, showed that he was not in such a state of intoxication as to bring him within the meaning of the Act. The actions of Wilson after the accident were those of a sober man. He lifted deceased on to the footpath, and went for assistance. He informed Dr. Crawford of the particulars of the accident, and gave a coherent account when question by the police. These were not the actions of a man in a state of intoxication, said Mr. Treadwell. The Magistrate (Mr. J. IT. Salmon) said there was sufficient evidence for a prima facie case, and the accused was committed to the Supreme Court for trial. Bail was allowed.