MANSLAUGHTER CHARGE

New Zealand Herald, Volume LVII, Issue 17497, 15 June 1920, Page 6

MANSLAUGHTER CHARGE

THE PENROSE FATALITY. •

MAN KILLED BY MOTORCAR.

TRIAL OF PERCY ' DARE.' '

, The trial of Alfred Ihonias Percy Dare, aged 23, on a charge of having committed manslaughter by killing Mr. Arthur John Horton at Penrose on January 26, was commenced at the Supreme Court, before Mr. Justice Chapman and a jury of twelve, yesterday- It is alleged that Dare wan the driver of a motor-car which collided with a 'bicycle, ridden by Mr. Horton, who sustained fatal injuries. The prosecution was conducted by -the Crown Prosecutor, the" Hon. J. A. Tole K.C., and the, accused was represented by Mr. G. P. Fiolay, of Te Kuiti, and Mr. E. W. Inder. * : : » Mr. Tole said that Mr. Horton, who was employed as a greaser "at the Westfield' Freezing Works,- was cycling from his home at Penrose .to the works. It would be shown that . the motor-car, driven by the prisoner, belonged to Mr. Peterson, an electrician, who left it outside the Opera House. The prisoner evidently drove the car to Ponsonby, where he had drink, and returned to the City. He then drove to Newmarket, where he had some more liquor, and drove to Onehunga at a reckless speed, estimated by witnesses at 40 miles an hour. He .went into one hotel. . He also went to the Jfruiokau, which was nearer the wharf, and asked for drink there, but the barman refused to supply him, saying he had had enough. The prisoner was later seen at Mangere, driving the car in a most erratic, manner. One witness, who was driving a cart, would" say that, although he drew well aside, the car swerved just as it roeched Him and missed the cart only by inches. A. boy, who saw that a tyre on one of the back wheels, had come ! off, called out to the prisoner, who had repairs done at a garage: The prisoner was then.pronounced by persons, who saw him to be not in a sober condition. He was kter seen driving through Otahuhu and Westfield, at what was a mischievous speed. Just before he brought about the fatal accident he shot across a team of horses, an.d it was estimated his speed then was 25 to 30 miles an hour.

Sorleus Duty and Responsibility. Immediately afterwords, continued Mr. Tolo, accused turned into Church Street, and there he ran into Mr. Horton. He did not-stop, but raced on. Some people held up their hands to hirn to stop, put he took' no notice. The car, as they would naturally conclude, eventually s came to grief, and was left- on the roadside at Onehunga. It was a sad story -of reckless driving which ended in loss of life. A serious duty and responsibility was cast on the drivers of motor-cars. Ninety per cent, of motor-car accidents, were due to carelessness or drink. There was no doubt that the prisoner was in a stat-© of intoxication for a portion of the afternoon, but he submitted that drink was not an excuse in the circumstances. Dare ran away from Auckland, and went to Mangonui, where he was arrested.

Mrs. Horton, widow of the deceased, gave evidence as to her husband leaving home for work on the afternoon of the fatality. Dr. W. H., Thomas and Dr. A. M. Grant described the injuries sustained by the deceased. A. E. Patterson, electrician, stated that at about 1 p.m. on January 26 he left his car, No. 2&17, standing outside the Opera House- Shortly afterwards he found the car had gone, ■ Norman Valentine Baker said that while walking with • his brother in Manukau Road fiie accused overtook them in a motorcar, and asked if they would like a drive to Onehunga. They assented, and were driven at an extraordinary speed. The accused drew un at the Prince Albert and the Terminus Hotels, and invited, witness to have drinks. Witness declined, and when the car stopped at the Terminus Hotel he and his brother "hopped out because he'had been going so fast," J,Bt«r witness saw the Cd'outside the Manukas Hotel. "Missed Axle by Inches." Ivo S: Dennis, barman at the Manukau Hotel, said that a man* like the accused entered the bar and asked for a drink. Witness, however, refused to serve him, as he had had sufficient. The man asked him to go for a ride, but he declined. Captain It- H. Gibbons, harbourmaster at Onehunga, who saw the car in Queen Street, Onehunga, said he took the number, which was 2817, because the car had been travelling at such a fast rat*. Arthur Heaketh said that at 2.45 p.m. a car, coming, from the direction of Onehunga, and steering » very emtio course, passed .him wlyle be was driving a cart in Mwsey Road, Mangere. Though be had'drawn well aside the car swerved just as it reached him, and "missed his axlp by inches." Two men were- in the car, but he could not identify the driver. A boy who was standing on the footpath of Massey Road said he saw the number 2317 as the car passed. Feeing that t-lift rear right tyre had come off and was twisted round the axle, he hailed the driver, who then drew no. Tho two occupants of the vehicle tried to re n»ir the lyre, but being unable to do so drove on to a* garage about five hundred yards awsv.

Mr. Finlay said he ; shed to cross examine this witness, and the Court adjourned at six o'clock until this morning.