MANSLAUGHTER CHARGE

New Zealand Herald, Volume LXI, Issue 18708, 14 May 1924, Page 7

MANSLAUGHTER CHARGE

DEATH OP A CONSTABLE,

»JOY RIDE " FATALITY.

■TAXI-DRIVER ON TRIAL.

The tragic consequences of a midnight drive into the country, in the course of which a police constable named Ronald Park - Todd met his death, led Do the

arraignment of a taxi-driver, John Andrew j Fox, before Mr. Justice Stringer in the Supreme Court yesterday on a charge of manslaughter. Mr. V. R. Meredith, Crown solicitor, . conducted the prosecution, and Mr. Ostler, instructed by Mr. A. Hume, appeared for accused. Briefly the case for the Crown was that Todd and one Henry Ardern .attended a dance on the evening of November 13, and that after seeing their lady friends home they met Fox in his car. After vainly trying to obtain - liquor at city hotels, and being joined by another man named Dufaur, they drove in Fox's car to Papakura. There ' hey _ nocked up an hotellieeper between midnight and 1 a.m., booked, rooms in the house, and had three rounds of drinks. Later, in the small hours, they started back to Auckland, bringing witn them a quantity of bottled beer — pint bottles. Three times on the journey they stopped < tor wayside carousals. When nearing Greenwood's Corner, the car, which Fox was driving, overtook and collided with a Chinese vegetable cart, with the result that Todd was killed, ana Ardern so seriously injured that he became an inmate of the hospital. Other early wayfarers declared that the pace at which the car was travelling when it passed them was 50 miles an hour. : In> cross-examination 3 witnesses for the Crown declared that Todd was the instigator of and leader in the escapade, 7 " A Weak and Foolish Maa."

Mr. Ostler, in opening the defence, said it had to be admitted that accused had acted very foolishly, but his conduct ■ had not been as black as it appeared from the depositions. It would be proved that the quantity of liquor . ho had drunk was not sufficient to impair a man's judgment. The defence would be that he was a weak young man, who could not say no, and he had been influenced by the late Constable Todd into taking the joyfide. As to the pace at which; the car was driven, it was noteworthy that the estimates of 45 and 50 miles; an hour were given by men who did not drive* motor-cars, and whose figures must* be mora or less guesswork. One fact which suggested that the pace was not excessive was that the car was pulled up within 20yds. of, the scene of the collision. William S. , Miller, motor engineer, said he knew Fox's car, which was an old Chandler that had travelled about) 100,000 miles. Its . utmost speed on a concrete road would be 50 miles'- an hour, and if. A3 stated by witnesses, it had a . cylinder missing, it. could not do more Si an r35 miles.' A Chandler fable of tests showed that if a car pulled up within 20yds. its pace would be 25 miles an; hour. -

Accused's Own Version. ' Accused was placed in the witness-box. He said that when Todd first accosted him he asked whether he had a " spot" in thenar, and subsequently it was Todd who persuaded the others, against theirinclination, to make the trip to Papakura. Witness had had no liquor ; before arrival at Papakura., and his refreshments there were limited to three medium "shandies." On the way back there were only two stoppages. At these witness drank on one occasion a small bottle'of beer, and on the other part of a bottle. - This was all he drank up to the time of the collision, and he was quite sober., <- : At the time of the accident he was not driving more than 25 miles an hour. His greatest speed on the trip .was not beyond 30. He felt that his judgment was not impaired, and he was quite able to steer the car. He allowed about; a foot of margin when passing the cartv, ' and, his , theory of the accident was that the Chinese must have swerved in his course and . caused the outrigger of his cart to catch the stay of the car's windscreen. ! The addresses of counsel, and His Honor's ! summing up were deferred until to-day. ! • ' • '