MANSLAUGHTER CHARGES

Grey River Argus, 21 October 1943, Page 3

MANSLAUGHTER CHARGES

TRAM MOTORMAN Gives Evidence in his Defence P.A. WELLINGTON, Oct. 20. Giving evidence in the Supreme Court to-day, in his deience against, a charge of manslaughter, Donald Norman McLean, the motorman ot the tram that capsized at Kilbirnie on June 12, killing a man and injuring 28 other persons, said that he could not remember anything that happt-nea between the time that the car was picking up speed, after stopping at Tirangi Road, and the time when he realised that he was in a chemist’s strop. Several witnesses gave evidence as to the accused’s sobriety before the accident.

The Court adjourned till next, morning with the case unfinished. The is to visit the scene of the accident in the meantime. Thomas Bradley, a motormsn, said that he talked with tne accused when the latter went on duty, and he would say that the accused had not had a drink that day. He knew that the accused showed signs of drinking very easily George Wilson, who helped to treat injured people in tne chemist’s shop, said that the accused appeared to be stupid and dazed from a knock. He spoke to the accused, attended to him, and helped to put him on a stretcher, but he smelt no liquor. The accused said that, on the day of the accident, he went straight from his home at Kelburn to Lambton to start work at 3.45 p.m.' The accident happened on his second return journey,. He did not leave the tram at the ends of the runs, except at Seatoun the second time, when he visited a lavatory, being away only a minute, because his car was behind time. Witness said that he was able to say that his speed from Seatoun was about eight miles an hour and from Seatoun to Tirangi Road, the last compulsory stop. Before the accident there were a number of points and curves that required care, and reduced speed. Upon the car leaving Tirangi Road, there were three or four airmen on his platform. As ne was increasing the speed of- the car, he asked 'them to step inside, and to close the door, which they did. He could not tell what happened after leaving Tirangi Road and his putting ;0f the Air Force men inside. Explaining how a bottle of beer came to be in his coat, the accused said that, on the first trip out, a passenger gave it to him, and ne put it in his overcoat on the rack above him. Accused denied that he was under the influence of liquor, and said that he never touched liquor in working hours. He had not been in a. hotel that day. Cross examined he said that he had never fainted before, and he did not suffer from anyv disease that would cause fainting, and on the night of tne accident he was feeling his normal self. Accused’s evidence closed his ease, and the jury will hear addresses from counsel to-morrow.