ALLEGED MANSLAUGHTER

Evening Star, Issue 16818, 21 August 1918, Page 2

ALLEGED MANSLAUGHTER

JURY DISACtRDB. In the Supreme Court at New Plymouth yesterday, before tho ohier Justice, James Patrick Joseph (/Denned, farmer, of Inaha, was charged with the manslaughter of Thomas Henry Morgan, 73 years of age. Sir John liindkiv, with, him Mr P. O'Dea (Hawera.) deienued. 'ihe evidence showed that on the night of the accident the dteeased went with a grandson to milk some cows in a paddock along the Souvh read from Ha .vera, towards Mana-ia. When coming 'back, about 5.40, the gi'undsoii Midi Jifligtin kept on the left-hand side of the road oft' a tarred portion. The grandson went ahead with a bicycle, Morgan coming behind with a can of mdk in a small go-cart. A motor oar, driven by the apcused, approached from the direction of liawera, zigzagging about the road and travailing about 20 miles an hour. The boy heard a crash, and on turning round saw that Ins grandfather had been knocked down, The motor car d>d not stop. The medical evidence showed that there kid been a serious smash-up. The deceased died btfore he reached home. The defence alleged that the accessed had been on the wrong aids of the ror.d,. and that lie was crossing to the right side when tho car struck him. _ _ The accused, in evidence, aaid he ft-ad. ha-d several drinks during the day, but rus perlectly sober. From tho one Is at which the deceased was crossing the roiid he must have been "orossing from the wrong side to the ri°-hfc side. 'Witness mada no attempt to stop but ho tried 1 to avoid tha deceased by swerving. He thought, the mudguard brushed the man aside. He looked round 'and saw notiiug, so ho went on. Wneu he s.i-jv in the paper nest morning thai the man had been killed he voluntarily e;hvo him-elf Evidence was given that the deceased was a, very difficult man to pas* ou the road. After a -retirement of four hours and 10 minutes the jury failed to agree, and a new | trial was set down for tho December sessions.