MANSLAUGHTER CASE.

New Zealand Herald, Volume LIX, Issue 18021, 21 February 1922, Page 9

MANSLAUGHTER CASE.

GIRL KILLED BY MOTOR-CAR.

TRIAL OF TAXI-DRIVER.

CASE FOR PROSECUTION.

The trial of the taxi-driver, Russell Bedford Graham (Mr. Selwyn Mays), for alleged manslaughter arising out of tho death of a little girl, Madge Cooper, who was knocked down by his car in Mamikau Road, Epsom, on November 19 last, was commenced in tho Supreme Court yesterday, before Mr. Justice Stringer.

Mr. Meredith said tho deceased, who was between 10 and 11 years old, alighted with another little girl from an Onehungabound tram at the Ranfiirly Road stop. Tht deceased was half-way across the road when she was run over by the accused's car, Accused was taking passengers to the trotting meeting at Alexandra Park, and it was alleged ho was driving at an excessive speed. The fact that the car travelled 71ft. after the impact was, counsel submitted, evidence in itself that the car wa s travelling at a considerable pace. The accused stated to the police after the occurrence that his speed was not more than 10 miles an hour, but counsel said he would arrange for the jury to witness a demonstration which he thought would convince them ho must have been travelline faster than that.

Dr. D. Mcßae, of the Auckland Hospital, who made a post-mortem examination, naid the main cause of death was internal injuries. Doreen Winter, aged 12, who was accompanying the deceased, said that deceased got out of the tramcar first, and was about half-way across the road when the motor-car, which witness had not noticed before, struck her. Witness did not hear anybody call out, and did not see the deceased stop in going across the road. The motor-car was travelling fast. To the Judgo: Sho did not hear any horn sounded before the car struck the deceased. Cross-examined, witness said the deceased did not seem to look up and down the road before she got off the tram. She was afraid sometimes that deceased might get hurt owing to her being in such a hurry. Uotorman's Evidence. Georjq Aberdeen, motorman of the tram in which the girls travelled, said he saw deceased in the middle of the road. She seemed to have just suddenly stopped, and looked down the road in the direction of Auckland. The motor-car then came into view of witness, it being about oft. from the deceased, who made a frightened movement just prior to being hit. When the motor-car passed witness the girl went out of his sight and then he saw her underneath the front axle about 10ft, from where the car first hit her. The child rolled along the road with the car another 12ft., and then came out from tho back of the car. which continued on another 49ft. Witness took certain objects on th e fcotpatb to remember the distances by and measured them next day, tho distance from the spot where the deceased was struck .to the place where the car finally stopped being 71ft. The car seemed to be going fast. Witness did not hear any horn.

To Mr. Mays: Witness said ho was not prepared to deny that the horn of the motor-car Was blown vigorously. Robert Johnston, motorman of a tram immediately behind that on which the deceased travelled, said that at about Halsey Avenue, 40 or 50 yards from Ranfurly Road, the accused's motor-car passed him travelling at about 20 miles an hour, Speed of the Oar. John W. Stone, tramway motorman, who was on the platform of the first tram, said that when deceased was about 4ft. or sft. from the footpath he saw a motorcar 3ft. or 4ft. away from hor. He could not remember that he heard anything beyond the engine of the motor-car. Just before the impact someone called out, and the girl hesitated, turned round and faced the motor-car. . Witness saw she had no opportunity of escape, as the car was approaching too fast. He thought the car was travelling at about 20 miles an hour. Cross examined, witness said he had frequently seen a motor-car on an open road pass stationary tramcars at about 10 to IS miles an hour. The common practice was to go past the standing trams. Had the girl continued on instead of stopping when someone called her Bho might have escaped. William F. Turner, conductor 0 f the first tram, said he heard the buzzer sounded vigorously before' the motor-car came abreast of his tram. When it passed the tram the motor-car was going at a much higher speed than that at which motor-cars usually passed tramcars, and beyond what he thouzht a safe speed to pass a tramcar. When the car was abreast of the rear platform of the tram he saw the deceased in the middle of the road, looking over her shoulder apparently for her companion. When the motor, car was just about on her she realised her position, and put up her hands as if to ward the motor-car off.

Samuel Wells, who was standing in the first tramcar, said he had measured the distance from where the nvutor-car was standing to where the child was lying, and made it 32 paces. He would take a pace of something like 2ft. 6in. By the sound of the motor-car, and the way it went past him, he came to the conclusion it was travelling very fast. He did not think the child would have had any chance of avoiding the car. Comparison's With Tram's Speed. Burleigh Cecil, motorman of a third tramcar proceeding to Epsom, said the accused's motor-car passed him at Epsom Avenue about 150 yds. from Ranfurly Road. Vv itness was travelling on parallel, namely, full speed, about 18 or 19 miles an hour. The accused passed him quite easily, and must have been going at about 25 miles an hour. From the time the motor-car passed him to when it approached the first tram there did not seem to be any difference in its speed. In reply to Mr. Mays, ho said ho was not prepared to dispute that the distance between Epsom Avenue and Ranfurly Road was 200 yds. He stated at the inquest he was travelling at 20 miles an hour, which he now knew to be wrong. About 20 seconds elapsed from the time the motor-car passed him to when he pullfd up witlnn u yard of the second tramcar. Re-examined by Mr. Meredith, witness said that after giving evidence at the inquest he actually tested his speed on the tramcar at the place where the motorcar passed him Constable M. E. Hill gave evidence regarding measurements at the locality, and a statement made by the accused, who said his speed was not more than 10 miles aa hour. F. E. de Guenier, chief engineer of the Auckland City Tramways, said he had had some experience with motor-cars. A Nash car, weighing 29cwt., with six passengers, travelling from 9 to 10 miles an bour and with the brakes in proper order should pull up within 10ft. Cross-examined he said he thought it would take only a second or less to declutch and apply the footbrake If with eight people in the car it was a nuestion of pitting the momentum of the car against the stronger braking power produced by the extra people, one might eSse the other. He would have to make an actual test for that. Francis B. Cadman, motor engineer, said the car with eight people in it and r veiling at nine or 10 miles an hour St tike 6ft. or 7ft. to pull up, and 10ft would l not be amiss. The members of the jury then witnessed a demonstration outside the Court. The trial will be continued to-day.