ALLEGED MANSLAUGHTER

Hawera Star, Volume XLVII, 15 May 1928, Page 9

ALLEGED MANSLAUGHTER

DEATH OF MRS RICHTER. MOTORIST ON TRIAL. SUPREME COURT PROCEEDINGS. (By Telegraph—From Our Own Reporter.) NEW PLYMOUTH, Alay 15. Before Air. Justice Reed and a jury in the Supreme Court at New Plymouth to-ctay, George Cravy Smith, stock of Hawera, pleaded not guilty to indictments on tnree counts arising out of the death ot' Alillicent Elizabeth Richter, a married woman who was found lying unconscious oil the side oi the Alain South Road near Alokoia and within a few hundred yards of her home on the evening oi February 24, and who clied from a fractured saull in the Hawera public hospital on the following evening. Smith >vas charged with committing manslaughter by driving a car so negligently that he collided with and killed Mrs. Richter; also that while in a stato of intoxication he was in charge of a motor-ear and caused the death of Airs. Richter; and that he negligently drove a motor-car and thereby caused the death of Airs. Richter. The case was conducted by Air. O. H. Weston, Crown Prosecutor, and Air. T. O’Dea appeared tor the accused.

The first of the witnesses subpoenaed by the Crown was an official of the Lands and Survey Department, who had taken measurements in accordance with which plans of the locality of the accident had been prepared, copies being supplied to the jury. RepJymg to Air. Q’Dea, witness said that the distance between the edge of the asphalt and the hedge on the" side of the- road where All's. Richter was found was about seven feet. “Aly wife was in the best of health, and was not affected in any way by defective hearing or eyesight,”’ said Ronald Alwyn Richter, who told the court that about seven o’clock Airs. Richter left her home to proceed to a tennis meeting at Alokoia. She had intended going to meet Air. and Airs., Percy, neighbours who lived on the Hawera side of witness’ farm. They were also going to the meeting, and were to have taken Airs. Richter in their car. The house was situated about 18 chains from the roadway. About a quarter of an hour later witness was called to the roadway, and saw his wife lying unconscious on the left side of the road, proceeding towards Hawera, about 100 yards from the gateway. "When she left home his wife had been wearing spectacles. Air O’Dea: Did Airs Ricliter attend any eye specialist ? Witness: Yes, about 12 months ago. Alexander Thos. Alain, storekeeper, of Alokoia, gave evidence that a few minutes after seven o’clock his attention was attracted by the noise of a car, evidently driven at a fast pace. He saw the car driven by the accused, with a passenger named Ernie Nixon, rounding the corner opposite the store. The car made a bad turn and continued on a zig-zag course as if out of control for about 150 yards until it disappeared from view round the next bend. Nixon was leaning over the side of the ear, so much so that witness' was afraid he would fall. Witness formed the opinion that Nixon was either intoxicated or fast asleep. “I think the car was travelling at not less than 35 miles an hour. I formed the impression that the driver must be intoxicated and congratulated myself that I did mot have to pass him in my car on the Tongahoe Hill,” continued witness.' A short time after witness heard through another motorist that an accident had' occurred. Before going to the scene, where he saw Mrs Richter lying unconscious on the side of the road, witness ’phoned for a doctor and the police. It was still broad daylight, though there had been a slight drizzle, but there was nothing in the weather conditions which should affect visibility to a competent driver. The road was perfectly straight in the vicinity of the accident, and there appeared no reason why a person on the road should not be seen. Air O’Dea: Air Aleuli, whose car was outside your shop, estimates the speed of the car at about IS miles an hour. Witness: Well, all I can say is that he has very bad judgment. Otto- Aleuli, blacksmith of Paten, who had stopped at the Alokoia store while driving by car to Hawera, deposed to having seen the accused’s oar pass l the store travelling Towards Hawera shortly after seven o’clock. The accused's car was travelling about 17 miles an hour, certainly not more than 20, said witness. Shortly after it passed witness, with whom a man named Locker and his son were travelling, drove' on towards Hawera. When mounting a rise he saw the car whicli had been driven by the accused pulled on to. the hand side of the road.' On the opposite side, some distance nearer Alokoia, he saw a woman lying unconscious with her head pointing to the edge. Two men got out of the car and walked hack to the body. Witness asked: “How did this happen?” Both Smith and Nixon replied that they did not know. As they were moving away witness said: “Don’t go, the doctor will he here soon,” hut they drove away. “I couldn’t, say they were really sober; they were unsteady on their feet,’’ continued witness. When he saw the body it was lying on its hack. He thought he saw either Smith or Nixon touch it. but he could not say whether it had been turned over. Replying to Air. O’Dea, witness said that he had seen Nixon leaning to the side of the car as it passed the store, hut that would be natural when rounding the bend. The unsteady condition of Smith and Nixon may have been cine to shock. (Proceeding.)