Charge of Causing Death

Manawatu Times, Volume 64, Issue 97, 27 April 1939, Page 7

Charge of Causing Death

Sequel to Double Tragedy Near Mosgiel MAN TO STAND TRIAL Fcr Press Association. DUNEDIN, Last Night. In the Police Court this morning before Mr. J. R. Bartholomew, S.M., William Alexander Tait, aged 30, appeared on charges arising from a tragedy which occurred on Duke's Road, Mosgiel, on April 15, whereby two young people lost their lives. The charges were:— (1) That accused had negligently driven a motor-truck, thus causing the deaths of Neil Harris and Vera Thomson. (2) That accused, being driver of a motor-truck whereby an accident had occurred involving injury to two persons, Vera Jessie Thomson and Neil Harris, did fail to report such accident. It was agreed to take the inquest concurrently with the hearing of the charges. Mr. J. G. Warrington appeared for the defence in the Police Court proceedings and Mr. D. A. Solomon for the owner of the truck (David Tait) and Mr. C. J. L. White for the relatives of Neil Harris. At the inquest accused pleaded not guilty to the major charge and guilty to having failed to report the accident. Dr. Ivan N. Speddiug, of Mosgiel, deposed to having proceeded to the spot at 8.20 a.m. on Sunday, April 16, in response to a telephone message. Constables Phillips and Beadle were already on the scene. Witness described the position in which he had found the bodies. Both Harris and Miss Thomson were quite dead and after the bodies had been removed to the Mosgiel Hotel witness made an examination of each. He found that Neil Harris had a comminuted fracture of the right collar-bone, a comminuted fracture of the occipital bone of the scalp, a fracture of the upper three ribs on the right side and abrasions. Vera Thomson had a broken nock. Witness added that he noticed that the right handlegrip of the motor-cycle was broken and tho right foot-rest bent. To the chief-detective: It would be difficult to say how long Miss Thomson had been dead, but he would say that death was instantaneous. To Mr. Warrington witness would say that death was instantaneous in the case of the man and also that death had occurred probably eight hours previous to witness' examination. Bottles of Beer Found. Detective Brown gave evidence regarding photos he had taken at the scene of the tragedy and of the motortruck alleged to have been driven by accused. While at the scene ho had found a brown paper parcel containing two bottles of beer. The parcel was lying in tho grass near a fonco about 150yds. east of tho scene of the fatality. Dr. Eric F. D’Ath, professor of patkology, who made a post-mortem examination, gave details of the injuries and of the condition of the bodies. In the case of Miss Thomson witness was of opinion that deceased died instantaneously as the result of a broken neck and the crushing of the spinal cord produced by a severe blow on the point of the chin. In the case of Neil Harris witness was of the opinion that the deceased died from extensive injuries to the brain and a complete fracture of the skull resulting from a heavy blow to the back of the head.

To Mr. Warrington: Harris would have become immediately unconscious and death would ensue within a few minutes. No treatment by any doctor could have assisted him.

Arthur Wimpenny, motor claim assessor, gave evidence regarding the dam age to the truck and to tho motor-cycle. Witness said that tho damage to the cycle was consisteut with it having been struck on the right-hand side.

Henry Cuthbert Thomson, farm manager, of Mosgiel, lather of deceased Vera Thomson, said that his daughter, accompanied by Neil Harris, had spent the evening of April 15 at witness' homo with himself and members of the family, leaving about 11.30. No intoxicating liquor whatever was consumed by either of them at the house. It was a fine night and visibility was good. Both witness' daughter and Neil Harris had appeared to be in perfect health and spirits when they left the house. When the motor-cycle left tho house it was showing a good, bright headlight. Were Engaged to Marry. Iredale Harris, brother to deceased Neil Harris, said that the latter would have been 24 years of age on April 18. He was single and afcarpenter’s labourer. He had always enjoyed good health and his eyesight and hearing were good. He was of steady habits and was a competent driver. He was engaged to Miss Thomson. William John Charles Loveless said that he and his brother-in-law at about 7.25 a.in. on April 16 drove in his car to Whare Flat to gather mushrooms. He first saw the telegraph post which was down on Duke’s Road and a mile further on a man lying on the road and a woman on the grass. Witness alighted to see the condition of the two people and came to the conclusion that they were both dead. He immediately reported the matter to the Mosgiel police. His impression was that tho cycle had been heading towards Whare Flat. Constable Phillips, of Mosgiel, who visited the scene of the accident, described the position of the bodies and of the fallen cycle. The indications were that the cycle after it had stopped had turned round in the opposite direction to that in which it had been travelling. Witness identified a number of articles he had picked up in the vicinity. Companion’s Evidence. Allen McKcrrow, a jockey, of Winga-