MOTOR FATALITY

Evening Star, Issue 19064, 6 October 1925, Page 10

MOTOR FATALITY

MANSLAUGHTER CHARGE COMMITTED FOR TRIAL. [Per United Press Association.] NELSON, October 5. Air T. E. Alaunsell, S.AL, gave his reserved decision in the charges of manslaughter laid against L. IV. Field in connection with tlio Waimea road motoring fatality which involved the death of Aliss L. E. Hunter. The magistrate’s decision was as follows: — ■“ l have decided to commit the accused for trial. That being so, 1 think, upon full consideration, that my reason tor doing so, alter hearing the evidence of both sides, ought not to he set out in full, as it would he presenting a one-sided view of the evidence which might prejudice the accused at Ids trial. 1 feel it necessary to explain the committal, however, in view of the fact that ail the eye-witnesses of the speed at which tlio accused was travelling, although called lor the Crown, gave evidence favorable to the accused. They were friends of his, and had that evening spent a jovial time at a hall. Having regard to this fact, coupled with the fact that their evidence is in conllict with certain circumstantial evidence and accused’s own estimate of his speed (which is unlikely to be overestimated), 1 have grave doubt whether they have not been influenced by a not unnatural sympathy for the accused to state that the speed was safe and reasonable. 1 consider it should bo leit to a, jury to say whether their evidence is reliable. The question, moreover, whether accused was adopting a safe course in driving along tiiis road at a speed of thirty to thirty-live miles'per hour, as admit!ed by him, and attempting to pass another ear going in Urn same direction, and in a comparatively narrow part of the road, and opposite an electric light pole, is essentially a question for a jury. There was conllict of evidence on this question. Ido not wish to indicate whether 1 should or should not .have convicted accused had 1, been trying the ease. All 1 decide is that a jury might reasonably convict.”

Accused pleaded not guilty and reserved his defence, He was committed to the next sitting ol the Supremo Court lor trial. Bail was allowed, self in £IOO and ono .surely of £LoO. After the formal committal the magistrate, speaking as coroner, said lie did not propose to call any further evidence iu connection with the inquest, and, in view of the fact that defendant had been committed tor trial, lie would return an open verdict as follows; “That deceased died from internal injuries received through a motor oar, in which she was riding, colliding with an electric light pole, such car being driven by Leonard William Field.”