FURTHER EVIDENCE

Manawatu Standard, Volume LVI, Issue 181, 2 July 1936, Page 9

FURTHER EVIDENCE

THE AWAHURI FATALITY

YOUNG GIRL’S DEATH

More evidence concerning the fatality which occurred at Awahuri on April 17 was heard in the Magistrate’s Court at Palmerston North yesterday afternoon, when the hearing was continued of the charge against William Richard Paul, factory hand, of Rangitikei Line, that he did recklessly or negligently drive a motor-cycle, and thereby cause the death of Irene Merle Campbell. Messrs W. Low Black and .1. A. Cruickshank, J.P.’s, were on the Bench.

Evidence was given by Dorothy Ivy Campbell, aged 19, a sister of deceased, that she attended the dance at the Awahuri Hall on April 16, accompanied by her two sisters, Dulcie and Merle. They left before the last dance, Mr Bracken accompanying them home. All four were on the gravel, walking in pairs. Witness, nearest the left, was with Merle, the others being in front of them. vSho looked hack and saw a lif'ht like that of a motor-cycle approaching. It appeared that the motor-cycle struck her sister Merle first, witness being left standing alone. She saw some sparks and a light seemed so flash in front of her. Merle was lying on the bitumen and her other sister, Dulcie, and Mr Bracken were lying on the grass. 'There was a black heap further up, and witness thought this was the motor-cycle. Witness informed her parents of the accident. Her sister Dulcie was carrying some velvet shoes. Pieces of material produced were from the clothing of her sister Merle. There was ample room for the motor-cycle to have passed, and there were no other vehicles in the vicinity. Witness did not hear the horn sounded. A. torn overcoat, produced, had been worn by her sister Merle. Witness was wearing a grey overcoat and her sister Dulcie one much the same colour.

Dulcie Lorna Campbell, aged 17 years, another sister of deceased, stated in evidence that she was walking in front with Jack Bracken. Merle and Dorothy were behind. Witness looked round and saw a light coming from the direction of Awahuri. At this time they were close to the bend in the road, and on the gravel. All she remembered afterwards was her sister Dorothy picking her up. She had no recollection of anything behind her immediately before she was struck. \\ itness was ill for about three weeks after the accident, having suffered abrasions right down the left side. Witness was overcome by emotion at this stage and was allowed to retire.

CYCLISTS’ EVIDENCE

Miss E. E. Sutcliffe, aged 19, of Milsou’s Line, was the next witness. She stated that she attended the dance and cycled home, accompanied by Mr Candy. Shortly after going over the bridge she passed the Campbell girls. Witness had gone about 150 yards when she heard a girl scream. Previous to this she had heard a motor-cycle. She went back and saw Merle Campbell lying on the bitumen. The motor-cycle, with the threo men, was lying on the side of the bank at the edge of the road. Witness saw accused at tile dance, hut noticed nothing unusual about his conduct. From its sound, the motorcyclo appeared to have been going at 25 miles an hour. William Candy, farmer, of Milson’s Line, gave evidence that he attended the dance with Miss Sutcliffe. He noticed nothing unusual about the conduct of accused and bis friends. They were not drunk, and witness had seen people bright and enjoying themselves like them without having taken liquor. They might have had a few drinks, hut were not beyond handling themselves. Witness did not see accused engaged in any argument. When witness passed the Campbell girls and Mr Bracken, just over the bridge, they were walking four abreast, but were well over to the left, and there was ample room for a ear to have passed. When he was further on witness heard a motorcycle roar and a girl scream. He turned back, finding Meric Campbell on the road and the other two girls, with Mr Bracken, just over the embankment. The motor-cyclists were still astride their machine, which was on the top of the embankment at the edge of the gravel. They were all unconscious, and accused appeared to have been the foremost rider. Knowing that there was a possibility or three men being on the motor-cycle and that they might have had a drink, witness pulled over to the edge of the road a little closer than usual as a precaution when he heard the motor-cycle coining. He was taking no risks. ..... Mrs M. S. Lucas, of Awahuri, slated in evidence that her house was situated on the main road between the hall and the bridge. She was at the dance. Accused and Ins friends weie rather merry when they arrived and she thought that they had had a little drink After the dance witness was standing in her gateway for some time talking to her friends. Witness saw a motor-cycle with three men on it pass at about 60 miles an hour and going towards Palmerston North. After it crossed the bridge she heard a scraping noise and a sound like a sinall explosion.

OBJECTION BY COUNSEL

■ E. It. Bond, furin labourer, of Awahuri, staled that ho attended the dance. Ho had not noticed anything unusual about the conduct of accused and his two friends. Detective,;- Sergeant Bickerdikc (to witness): Did you make a statement to the police? Mr A. M. Ongley (for accused) immediately objected on the ground that Mr Biekerdike was cross-examining lii.s own witness.

Mr Bickerdikc submitted that lie was entitled to ask a witness questions concerning his statement to the police when it was inconsistent with his present testimony. The Bench considered that this procedure was correct. Mr Ongley maintained that the cross-examination could not be permitted unless the Court had the witness declared hostile. Witness admitted having made a statement to the police. Mr Ongley objected, unless Mr , Bickerdikc piit. in the statcmcn.l j Mr Bickerdikc said he had a right to ask the question. I The Bench ruled that the evidence was admissahle, stating that Mr Ongley’s objection would be noted. Air Ongley: I should like to see the authority for admitting it. ft is getting beyond anything that is lair in this Court. It would not he allowed in the Supreme Court. The Bench said it could not permit a suggestion that the procedure was unfair. Things might l>e done unwittingly, but they were doing their best, and would note the objection. Mr Ongley said lie would not object if the u’hoio of the police statement was put in. Mr Bickerdikc said he could not do that. . Mr Ongley: Then there can be no cross-examination. Air Biekerdike said he did not want to treat the witness as hostile. He merely wanted to read witness part, ot

the police statement to sec if lie had made it. He asked witness if he had not said that there were three young men there, that they were not drunk, but merry, and that their manner showed that they, had had a lew drinks. Air Biekerdike (after reading this to witness): Then what you said in your statement was true? —Yes. ■ Mr Ongley commented that it was the first time he had known the crossexamination of one side’s own witness to be ,permitted. Mr Biekerdike: 'This is the truth, and the Court wants nothing else but the truth. The Bench said they would stop the questions if they considered they were going too far. Air Ongley again objected to part of the police statement going in instead of the whole of it. 'The Bench intimated that the objection had been noted. Evidence was given by Kira Graham, labourer, of Awahuri, that hedid not notice anything unusual j about the conduct of the three men : at the dance. Witness had a bit of trouble with two, but fiot with ac- j eused. . ! Wilson Cribb, labourer, of Awahuri, was the next witness. He said lie saw nothing wrong with tho condition of accused and his companions, though once of tho latter had had an argument with Graham. J. L. Hollo, a shop assistant, of Palmerston North, said he attended a party that evening at which were present Jack Telford, Larry Ewart and Bernard Harrowfield, there being beer in a glass jar (produced) and . some bottles. Accused later joined tho party, and all had three or four straight beers of medium size. Harrowfield left .early. Paul, Telford, and Ewart later left on Paul’s motor-cycle. Proceedings wore then adjourned until 10.30 a.m. to-day, thirteen witnesses' having been heard.