SUPREME COURT

Grey River Argus, 23 October 1943, Page 5

SUPREME COURT

DAMAGES CLAIM FAILS Against Detective [Per Press Association] TIMARU, Oct. 22. In a claim by Alexander Gordon Gillespie, labourer, off Timaru for £2OO compensation for injuries received .as the result of an alleged assault on October 27, 1942, by Shirley William Cunningham, detective, of Timaru, a jury of four found for the defendant, who was awarded judgment with costs. INDECENT ASSAULT TIMARU. Oct. 22 A sentence of three years’ imprisonment with hard labour was imposed by Mr Justice Northcroft on Stanley Alfred Vialoux, .a soldier, who pleaded guilty to a charge ot indecent assault on a male aged 11 years. A similar penalty was imposed on another charge of indecent assault on a female, aged 8 years. The sentenced are to be concurrent Kilbirnie Tram Smash P.A. WELLINGTON, Oct. 21. Guilty, with a strong recommendation to mercy, was the verdict returned to-day by the jury that heard the trial in the Supreme Court, Wellington, of Donald Norman McLean, motorman of the tram which overturned at Kilbirnie on the night of June 12, killing one man and injuring 28 other passengers. A rider added by the jury was as follows: “The jury is of opinion tha, the accused committed an error of judgment in not recognising that he was so close to the points, such error of judgment being largely caused by the extremely poor lighting conditions existing at the time, and the general strain under which members of the tramway service are labouring. The jury submits the strongest possible recommendation to mercy.” Accused was rdmanded until the close of the criminal sittings for sentence. “In finding a verdict of guilty you have found that he failed to take the care he should have taken,” said Mr. Justice Smith, when the foreman had read the rider “There is no question of that ?” The foreman: No, Sir. After the jury had been in retirement three hours and 14 minutes they returned to the Court and asked if they could bring in a verdict of guilty of manslaughter in a minor degree. His Honour replied that their verdict must be “guilty” or “not guilty,” but they could add a rider. The jury brought in its verdict after a total retirement of a little more than four hours. 1 Car Driver Acquitted ACCIDENT DUE TO BRAIN DISEASE. P.A. WELLINGTON, Oct. 22. A verdict of acquittal on a charge of negligent driving causing death, against .Leonard Thomas Cross, carpenter, aged 59, was returned by a jury in the Supreme Court to-dav together with a rider recommending the immediate cancellation of the accused’s driving licence because of the evidence as to his physical condition. A car being driven bv Cross on July 24 apparently became out of control while ■ descending a steep street m Wellington and struck and overturned a small car and almost at the same time knocked down two men, one ot whom, David Henry Knowles, died soon afterwards. 1 The facts were not disputed by tne defence, which contended that the car was completely out of accuseds control. Counsel for accused said that because of an organic disease oJ the brain, Cross was liable to periods of unconsciousness and the jury would be asked to conclude that he suffered such a phase before the accident. ■, ‘ A doctor and a friend of accused gave evidence of accused’s condition, the friend saving that Cross had fallen down without warning; on severa*. occasions before the accident, cross, in evidence, said he did not remember what happened as the car came down the hill.

Hyde Accident

P.A. DUNEDIN, Oct. 22. Further evidence in the manslaughter charge against John Alohonsus Corcoran, driver of the derailed Otago Central train, was taken to-day. . a James B. Cairns, barman at me Ranfurly Hotel, stated that Corcoran had five beers, and Trevor L. Thomas licensee of the hotel, stated that fie served Corcoran with two shandies. Eric Alfred Bastings, stationmaster at Ranfurly, said he had power to stand down any member of the train crew whom he considered unfit tor duty. There was no reason to take such action in this case. Gordon Millar, surfaceman, stated that when the train passed him it was travelling well above normal speed. He had never before seen it rock so much Leonard Vincent Keating, ganger, estimated the train’s speed at 50 miles an hour, and David UW kins, surfaceman, stated that naif a mile on the Kokonga side of Tiroiti the train was lurching pronouncedly. James Eric Leask, farmer, describer the trip as the roughest he hacl ever experienced. Evidence given by passengers was substantially the same as that gwen in the lower Court proceedings. Patrick McCarthy, of Waikouaiti, a draper who said he had travelled on the line for six years, stated the trip on this dav was the roughest he had experienced. The train fewaved violently after leaving Waipiata, and a woman passenger was crying.