MOTOR TRAGEDY

Evening Post, Volume CIV, Issue 23, 27 July 1927, Page 12

MOTOR TRAGEDY

THE TAWA FLAT CASE

MANSLAUGHTER CHARGE

ACCUSED'S EVIDENCE

The hearing of the charge of manslaughter made against William John Walling was continued before Mr. Justice MacGregor at the Supreme ■ Court to-day.

Walling was charged with that <m 3rd June, 1927, near Tawa Flat, lie unlawfully killed Helen Telfer, thereby committing manslaughter. He was also charged with negligently driving a motor-car, thereby causing the death of Helen Telfer. He pleaded not guilty. ¥ r;? >" S; X* Macassey prosecuted, and Mr. W. Perry appeared for the accused.

This morning the jury first viewed the scene of the accident.

Evidence was given by Constable Morrison, who with Sergeant ■ Sparks interviewed the accused at Eastbourne at 2 a.m. on the morning after the accident. Walling said ho was the owner of a car numbered 77-258, but said that it • could not have been his car that caused the accident. He. said he had driven his car from the Otaki racss and had stopped before reaching the scene of the accident, and had helped to carry Mrs. Telfer's body up the gully. He had had one drink at Otaki. Witness took a statement from Walling, and two statements from Mrs. Walling, one of which was not signed. In her signed statement, Mrs. Walling said that in the Kgahauranga Gorge they were informed of an accident and Walling went back. The accused's statement and that,of his wife were read in the presence of the accused. In an unsigned statement, Mrs. Walling said her husband's car stopped on the Otaki sido oS the a.ccident. She corrected that, and made another statement. .

To Mr. Perry, Constable Morrison said it was only Mrs. Waiting's signed statement that was read in the presence of the accused. His Honour: "The only etatement that can go before the jury is the one ■ that was read." To Mr. Perry he said it would be | easy for a car to go over the bank if it was being driven close to the crumbling edge of the road. Some time ago a lorry went over the bank, about two hundred yards from the scene of the accident. That was caused by tho driver keeping too close to the edge. The accused gave no explanation as to the mark on the left back mudguard of his car. On Coleman's car witness found marks on the right-hand front mudguard, and on the rim of the right-hand front wheel. The marks might have been caused at the time of the accident or when the car fell down the bank.. The Crown's was concluded. In opening tho case for the defence, Mr. Perry said he would call evidence phowing that a motor-cyclist had followed Walling's car past tho scene of the accident, and after passing Piebald Corner, Walling had stopped his car and had informed the cyclist that every- ! thing was all right. [ The .mark of a revolving tire had been caused at Eastbourne through another car wheel striking tho mudguard of' Walking's car. . ' 11 ACCUSED GIVES EVIDENCE. I Tho first witness was the accused, William John Walling, carrier, of Bastbourne, who said he was the owner of a sedan car numberod 77-258, which he drove to tho Otaki races on 3rd- June. Ho left Otaki after the last race and I arrived at Paekakariki about 5.30 p.m., and then continued his journey, travelling about 27 miles per hour. At no stage of the journey did he fool ■ a bump, or know of a car going over a bank. Tho first he heard of tho accident was when ho stopped about a milo and a quarter past tho scene of tho accident. At tho back of his car he saw a motor-cyclist, Meaclem, of Petone, who asked witness if he was all right. A car travelling past witness informed him of tho accident; and ho then turned ; round and wont back to tho accident and gave assistance He waited till tho cars held up had left for Wellington, and then drove to a suitable place turned round, and started for homo! lie took some friends to Garrott street, and grazed a telegraph post there with his car. At a quarter to 2 o'clock tho next morning ho was interviewed by Sergeant Sparks and Constable Morri- I son. Witness said ho was riot told that it was,alleged that his car had caused tho acdident till after a statement had been taken from him. To Mr. Macassey ho said that on the way to Otaki he had four drinks, and had one drink on the racecoure. Ho only wont on to tho racecourse for lunch. During the afternoon he stayed around tho car, which was outside tho racecouTso. He knew tho Piebald Hill road as a dangerous road. I ACCUSED CROSS-EXAMINED.' Mr. Macassey: "Do you say you were t not following Coleman's carf" "I do not think I was following any car for any distance." "There was a Stream of cars comiujr back?"—" Not with me." ■' "Whero were you?"—"I may have followed a car for half a mile." "You were passing cars?"—"l do not recollect passing a car from Porirua." , "Going up Piebald Hill, did you not pull out on two or three occasions to try and pass a car in front?"—" No." "Do you deny you passed the car en Piebald Hill?"—" Yes, I will. I have no recollection of it." "Why. did you go back to the accident? Was it not a guilty conscience that took you back?"—"Oh, no. I never had any idea till I was told." "Were you not driving behind tho touring car up the "Piebald Hill?"—"I don't think so." "Can you suggest any reason why Skews and Miller should tell falsehoods?"—" No." ■ "They both say they followed your car when you did not stop, and got your number. Do you suggest that they wero telling falsehoods?"—"l don't think t!*sy could have got my number." "You. did not stop your car on. the hill before tho accident?"—" No." ' Then why did you tell Constable Morrison you had done so?"—"I must have told him that, but I do not recollect it."

"Then it was untrue?"—" Yes." (Proceeding.)