CHARGE OF MANSLAUGHTER.

Hawera Star, Volume XLVII, 16 May 1928, Page 5

CHARGE OF MANSLAUGHTER.

INDICTMENT AGAINST MOTORIST

THIRTEEN WITNESSES CALLED. CROWN EVIDENCE COMPLETED. In all thirteen witnesses were called by the Crown Prosecutor to give evidence in the Supreme Court at New Plymouth yesterday on the indictments of manslaughter, intoxication while' in charge of a. ear, and negligent driving, which, arising out of the death of Mrs. M. E. Richter, who resided at Mokoia, were preferred ’ against George Gravy Smith, of Hawera, the evidence for the Crown being completed when the court adjourned shortly after five o’clock. The evidence as already reported of Otto Meuli was corroborated) by the passenger in the former’s car, Percy Ward Locker, who had gone to ’phone for a doctor. “I think I would be quite right in describing Smith and Nixon as drank,” said witness. A New Plymouth motonst, James Campbell, who arrived on the scene shortly after Meuli-. said he had asked Nixon if lie knew what had' happened. Nixon said he did not. Witness then went to the car, in which Smith was seated, apparently the worse for liquor. “Witness asked Nixon if. he would wait until he (witness) went for assistance, but Nixon did not reply. Nixon smelt of liquor. Witness drove to Main’s store, about a mile' away, and after Main had ’phoned for a doctor witness drove him hack to the scene of the accident. By that time Smith and Nixon had driven away.

Herbert Seymour Percy, the neighbour who, with his wife, was to have driven Mrs. Richter to the meeting at Mokoia, said that proceeding to pick up Mrs. Richter lie left his house, the gateway to which was about 10 chains from Richter’s gate, at about five' or ten minutes past seven. On emerging on to the road he noticed that something was amiss. Two cars with about 30 yards between them were drawn up on the wrong side of the road, and about opposite the one nearest Mokoia was lying a women be subsequently recognised as Mrs. Richter RAN TO GET NUMBER.

He took the number of the other car, but bad to run to do so, as it was moving off. He clearly saw the number, which was 53-404, and was written down hy Meuli at the dictation of witness.

Dr. A. M. Young, who had attended Mrs. Richter on the roadside and afterwards in hospital, said, in reply to his Honour, that- the wounds sustained were consistent with her having been struck from behind, by a car. Wounds showed on the back and on the right arm- and leg, but the most serious was a linear fracture at tbe base of the skull about four inches long. Dr. R. G. 13. Sinclair, who'arrived on the- scene shortly after witness, had taken Mrs. Richter to the Hawera Hospital, where she had been attended by witness, but despite all that could lie done she, died the following night.

“I came to the conclusion that Smith had lin'd more liquor than was good' for him. He admitted he had, lm-d enough to know he had had a few,” said Dr. Sinclair, who had examined accused at the Hawera police station at about nine o’clock on the evening Mrs. Richter was found, on the road. “He was not roaring drunk, but had consumed sufficient to impair

his judgment. lie told me that lie had hit a woman hear Mokoia, and his only comment was that- it was not •his fault, as he couldn’t miss her.” JUDGMENT AFFECTED.

Replying to Mr. O’Dea, the doctor said tiiat the dejected air of accused at the police station and his disjointed replies to questions may have been partly due to the shock caused by finding -himself in such a position. The doctor had since learned that bloodshot eyes were in the nature of a chronic complaint with accused. When speaking with witness accused had contended that the amount of drink he had had would not, affect his driving, but in the opinion of the doctor his- liner judgment was affected. Heart trouble might lie expected to cause a flushed face and quickened pulse in such an experience as that undergone by Smith. “He, let go of the, post once or twice, hut he was unsteady on his feet, and in my opinion he was drunk,” said Constable P. Mullan-, who, after visiting the place where i M ns. Richter had been found, had, at about 8.20 p.m., interviewed Smith at the latter’s house in Hawera in company with Sergeant Henry. With the, constable and the sergeant accused' went to the place where his car was parked. He had said he knew nothing -ah<out the left lamp being broken. When it was pointed out- to him he had subsequently offered the explanation that either of the glasses would fall out. Despite the fact- that it- was so. Smith would not admit that the front left-hand mudguard was bent. At the police station witness heard accused tell Dr. Sinclair that tbe woman had been right in the middle of the road when lie struck her. When he visited the scene of the accident that evening witness found pieces of glass apoarentlv from a. broken car lamp. He found further pieces at seven o’clock next morning, when be revisited the spot in company with, the sergeant, and near the edge of the- grass, 57 feet on the Mokoia. side of the spot where the woman was found, he picked up a: gold bridge and. a glass l of a pair of spectacles. 1 POLICE SERGEANT’S QUERIES. Two feet further away were lying the broken pieces of wlmt had apparently been the other glass. Halfway between the scene of the accident and Hawera, witness found a. considerable number of glass pieces similar to that in the lamp of Smith’s car. Sergeant Henry corroborated the evidence of the constable concerning tbe visit to' Smith at the jlatter’s house and the inspection o; the. car. Realising the condition of accused, the sergeant- had obtained a statement from him in the form of question and answer, instead of the usual procedure of taking a voluntary statement. In reply to the sergeant’s questions accused had admitted having driven his car, number 55-404, on the Main South Road near Mokoia during the'evening, but- denied having been in or near an accident, and said that be bad not been spoken to concerning one nor had lie knocked a woman down. After the visit to the car the sergeant had Smith arrested on a charge of having been in charge of a car while drunk. “He was so drunk that had I seen him as a pedestrian I would have had ru hesitation in arresting him,” rid the sergeant. Accused’s attitude on that occasion was much different from his usual manner.

Orlando Richard Canty, garage foreman, deposed to having tested the brakes of a car, number 53-404, on Monday, February 27, in accordance with police instructions. The foot brake was in good order. The hand

brake was ineffective in checking the car in motion, but would hold the car if stopped on a hill. The car was not damaged except for a slightly bent lamp bracket oil the left side, and a bend in the front mudguard on the same side. The glass of the left hand lamp was broken.

WITNESSES AT VARIANCE. Recalled, the witness Rocker said in reply to Mr. O’Dea that he did not know Jiow the witness Main saw the car go by, as he (Main) was talking with witness in the rear of the store at the time. It seemed to witness that the shop must have obscured Main’s view. “I have thought all along that Air. Main’s evidence was wrong,” concluded witness. This opinion was given an emphatic contradiction by the witness Main, “I am quite positive I saw the car. That was just after Air. Locker left me. 1 was standing near the gate and had an* uninterrupted view ; ” he concluded. Ernest Alfred Nixon, who had been to Waverley on February 24, said lie left there with ‘George Smith in the latter’s car at about 3 o’clock to return to Tlawera. They stopped at Patea and spoke with several people concerning the wool sale and stock, the conversations having taken place partly in the street and partly in an hotel. Witness was not with Smith all the time, but had had one drink with Smith on their arrival at Patea. Witness, who went down the street later, found Smith in the hotel. . Smith was npfc drinking then, enough tiiey had two drinks each before leaving. \ ilis Honour: How many drinks did you have in Patea? Witness: Three.

His Honour: In the lower court you said four or five, but I suppose that does not matter. HAZED BY SHOCK. Replying to Air. Weston, witness said his depositions in... the lower court would probably be correct. At Kakaramea witness bad four more, and he thought Smith had two. When near the Ball Road they had changed a tyre which was down, but lie had no 1 idea as to the time taken. - They passed the Mokoia is lore at about 18 miles an hour, and were coming home in just the usual way when the accident happened. “Smith was driving at about 18 miles an hour when I suddenly saw' a lady on the side of the road, and I called out, ‘Look out!’ but we hit her,” said witness. “As soon as I,felt the bump the car slowed up and I jumped out and went back, and then returned to tell Smith he had knocked a lady over.” Smitii hacl said,. “I’ll go back.” He thought- that Smith was in a daze through shock and could not on that account reply to questions of two others who arrived soon after. AVitness also suffered acute shock and was driven home in a state of daze. He was convinced the car struck the woman once only, though in falling the top of her body may have struck the top of the bonnet. He was certain she had not been carried or dragged by the car. “1 don’t believe there is a Ford in New Zealand which could take that bend at 35 miles an hour. AA r e certainly were not going more than 18, if that,” said witness, in reply to a. question by Mr. O’Hea concerning speed at the Mokoia store. The road was a difficult one, and Smith had shown good oontrol of the car in negotiating the many bends. On Air. O’Dea intimating there w'ould he several witnesses for the defence, i the Court adjourned at 5.20 p.m. until 10 a.m. to-day.