CHARGE OF MANSLAUGHTER

Nelson Evening Mail, Volume XLVIII, Issue XLVIII, 30 April 1914, Page 5

CHARGE OF MANSLAUGHTER

THE SPRING GROVE FATALITY

At the Magistrate's Court this morning, before Mr J. S. Evans, S.M., y Hobert Wallace appeared on remand to answer a charge that he did on the 13th * .April, 1914, at Spring Grove, commit by causing the death of Torn Newth, machinist, of Spring OrAve, by an omission to perform a legal duty as driver of a vehicle on the main road at Spring Grove., during the night, between the hours of half an hour after sunset, and an hour before sunrise, such vehicle not having two proper lamps, one on either side of such vehicle, alight and plainly visible to any person approaching.' this being a breach of bylaw No. 1, section 57, of the Waimea Coanty, being an indictable offence. Mr C. J. Harley appeared for the accused, and Senior-Sergeant Barrett represented the police. Sergeant Barrett intimated that he would put in a sealed copy of the Wai mea County Council by-laws and a copy of "Lucas Almanac/' showing the time the sun set (5.23) on the night of the accident. The police called evidence as follows :

__ Olive Clare Gordon, tailoress, residing in Wellington, who was visiting Miss Newth, a sister of deceased, on the 13th inst., said that deceased called on his sister that evening, and left the house about 24 minutes to seven to go to his mother's place, towards Brightwater. Witness understood deceased had a motor bicycle with him, but she did not sea it. Benjamin Bichard Hill, fruitgrower. Spring Grove, stated that on the 13th April he left the Rabbit Island at ■about 5 p.m. in a tandem turn-out driven by accused. The night was overcast, and it was getting dark when they Teached Brightwater. The accident happened about U mile further on. There were no lights on the vehicle' when passing the Methodist Church at Spring Grove, witness noticed a light coming towards him about 100 yards up the road. Witness took no more notice of the light until accused sang out "Hey!" when witness looked up and noticed a motor bicycle swerve into the shaft horse. The motor when it swerved appeared to be in the centre of the road. The bicycle struck the horse on the offside, on" the inside forearm of the off leg. The horses jumped ahead, but witness could not say whether the trap went over .the motor. The vehicle witness was in was well on its proper side of the road. The driver pulled up the horses and witness jumpel out and ran back to the motorist, and found both rider and motor in the centre of the road. The motor was lying facing Brightwater, and the motor Ist -was lying alongside face downwards facing Spring Grove. Witness sang out to a passing vehicle to stop, and Oliver Koughton pulled up. Witness sang out to another passing vehicle to stop, but it did not do so. Witness then lifted up deceased and carried him to the side of the Toad. Witness did not know who was driving the vehicle which did not pull up. He did not notice any lights on it, and it passed over the motor. Witness staved with deceased -until the arrival of Dr Pearless. who pronounced life extinct. Everyone he saw at the accident was sober. " No hotels were passed on the drive home from the Rabbit Island, as the back xoad was taken.

By Mr Harley : In all seven persons were in the trap driven bv accused four men and three women.' They had been for' a picnic, and no liquor' was taken. The horses were quite under the control of the accused, and immediately before the accident were soing alon~ at an ordinary trofc. Rouphton had °no lights on his -vehicle. The motor ridden by deceased was carry-in <r an acetylene lamp, and was show-in? a rood light. .

Dr Hugh Fearless gave evidence as to receiving a message at about ten minutes to seven on the nighl of the 13th to proceed to the scene of the accident, which he reached some four minutes later. He found deceased lvin<r on the side of the road, and after an examination he fofmd life extinct. There -was a punctured wound at least four inches deep above the left collarbone, and had penetrated the lung ca. vity and almost severed the jugular vein. The wound wa-s the cause of death within a few seconds of its occurrence. He found nothing on the motor which would have "caused the wound. It was probable that deceased had been thrown on the tips of * the haimes when the horse stumbled, and this might have caused the wound. There was a pool of blood on the road between the wheel tracks and the grass on the right-hand side of-the road liig towards Spring Grove. ° Oliver Gervase Roughton, farmer, residing at Spring Grove, stated that he was driving a vehicle on the evening of 13th inst, on his return from the R-abbit Island. When passing the scene of tile accident he was asked to pull.up and did so. After that a fourwheeled vehicle, driven by Raymond Biggs, .passed him, driving*in the same direction. The wheels of the vehicle passed over the motor cycle. Biggs did not stop at once, biit did so afterwards. The night'was cloudy and darkness fell very suddenly. He thought deceased and the motor were lying across the Svheel marks on the road. .The Magistrate remarked that it was perfectly clear that deceased was on his proper side of the road, and was struck and fell on that side. In reply to the Magistrate, witness said the right wheel rut was in the middle of the road. Br Mr Harley: Had not Biggs' horses shied they would have gone over the top of the motor. Raymond Wm. Biggs, farmer, residing at Spring Grove, who drove past the scene of the accident shortly after it occurred, said he heard someone shouting out : but he took no notice, as there had been more shouting further down the road. His horses shied, and he then noticed the motor. The right wheel of his vehicle ran over the front wheel of the motor, whereupon witness pulled up as quickly as possible. The motor was lying between the middle of the wheel ruts towards the left going towards Spring Grove. He had no idea that an accident had happened. Constable Fitzsimmons deposed as to visiting the scene of tho accident in response to a message reporting the occurrence. Both the deceased and the motor had been shifted when witness arrived. He noticed a- pool of blo'od in the road. Be made a sketch of the locality (produced), and the middle lines on which represented the wheel rut.-- used in ordinary traffic. The accused reserved his defence, and was committed for trial.