ALLEGED MANSLAUGHTER.

Gisborne Times, Volume XLIX, Issue 4953, 21 August 1918, Page 5

ALLEGED MANSLAUGHTER.

SEQUEL TO MOTOR ACCIDENT

THE HAWERA CASE

Press Association Telegram NEW PLYMOUTH, Aug. 20. the Supreme Court, before Chief Justice, James Pateick: Joseph O’ Donnell, farmer, of Inal«, chSged with the manslaughter M Thomas Henry Morgan, 7o yeais ol Sir John Findlay, with Mr. P. rvnpi (Hawera), defended. The evidence showed that ou the nioht of the accident deceased went, wit his grandson to .milk some cows in a paddock along tec South road from Hawera. towards Manaia. Uom in° back about 5.40, the grandson and Morgan kept to the left-hand side of the road, off the tarred poition. The grandson went ahead with a bicycle, Morgan coming behind with a can of milk m a small cro-cart. A motor car driven by accused approached from the direction of Hawera,. zig-zagging about the road and travelling at about 2U miles an hour. The boy heard a crash and turned round and saw that bis grandfather bad been knocked down- The motor car did not stop. * The medical evidence showed that there was a serious smasb-up, and deceased died before lie reached home. * The defence alleged that deceased had been on the wrong side of the road and was crossing to his right side when the car struck him. Accused, in evidence, said be had had several drinks during the day, but was perfectly sober. From the angle at which deceased was crossing the road, he must have been crossing from the wrong side to the right. Witness made no attempt to stop, but tried to avoid deceased by swerving, and he thought the mud-guard brushed the man aside. He looked round and saw nothing, and so went on. When he saw in the paper next morning that a man had been killed, he voluntarily gave himself up. Evidence was given that deceased was a very difficult man to pass on a road.

The jury, after a retirement of 4 hours and 10 minutes failed to agree and a new trial was set down for the December sessions.