MANSLAUGHTER CHARGE.

New Zealand Herald, Volume LXI, Issue 18887, 9 December 1924, Page 12

MANSLAUGHTER CHARGE.

CASE AGAINST MOTORIST.

QUEEN STREET FATALITY.

YOUNG WOMAN KNOCKED DOWN.

"CAR SHOULD HAVE PULLED UP."

A charge of manslaughter was yesterday preferred against William Pitman, laud agent and Justice of the Peace, at. the conclusion of the inquest, before Mr. F. K. Hunt, S.M., concerning tho death of Miss Elsie Lillian Roberts, who received fatal injuries through being knocked down in Upper Queen Street on November 3 by a motor-car driven by Pitman. Sub-Inspector Rawlo led the evidence, Mr. Jacobsen appeared for Pitman, and Mr. Ward represented the relatives of ' Miss Roberts.

Henry Christopher Moore, tram conductor, said ho was on the rear platform of a tramcar when it was descending Upper Queen Street at r.bout 7.20 p.m. on November 3. The car drew up at tho compulsory stop near the Y.W.C.A. A stationary motor-car was at tho rear of tho tram. Miss Roberts approached the tram from the footpath, but did not board it when informed by witness that it wa3 leaving Queen Street by the _ Wellesley Street route. She was returning to the footpath when witness saw another motorcar approaching from the rear. Ho heard tho brakes applied when it was about 25yds behind the rear platform of the tram. Ho signalled to the tram motorman not to move, and immediately after saw the motor-car strike Miss Roberts and carry her along on tho bonnet for about 4yds. She then fell underneath t'lo motor and was carried about twothirds of the longth of tho tram beforo the motor-car camo to ;i stop. Speed of the Motor-car.

i When witness first saw the car it was doing about 18 or 20 miles an hour, but it had slowed down to about 12 miles when it struck Miss Roberts. To Mr. Jacobsen; It was a clear night and the stationary motor-car did not obstruct witness' vision. Witness had given the motorman the signal to start, but when he saw an accident was imminent he gave & warning ring to keep standing. The lights of both motor-cars were full on and the tram bad stopped longer than usual because of the delay occasioned by Miss Roberts' inquiry whether the tram was going to the bottom of Queen Street. Deceased appeared to have hesitated slightly before she was struck. Witness did not hear her say: ''It was an acci> dent." To Sub-Inspector Rawle: Deceased hesitated only momentarily and witness doubted if this fact made any difference to the point of impact. William Tait, motorman of the tramcar, said that after a rather long halt at the slop, he looked to the rear and saw the accident. He corroborated the conductor's estimate of the speed of tlio motor-car. Miss Roberts was conscious when lifted from the road, but witness did not .hear her speak. She was dragged up to within about two yards of the front platform of the tram. , Mr. Jacobsen said witness was not in a position to judge the speed of the motor-car as ho would have been looking directly into tho beam of tho head- ■ lamps. j Witness replied he was sure of his estimate. From the time when he heard the brakes first applied until the motorcar pulled up it had covered _ about 35yds. The driver obviously . intended to puli up. Witness saw deceased hesitate and he received the conductor's signal to move, followed by a single warnI ing bell, within a few seconds. I "No Time to Avoid Being Struck." { Phillip Canning, taxi-driver, said ho ■was driving two passengers down Upper Queen Street. Ho stopped in the rear of the tramcar and saw deceased knocked down. »

i To Mr. Jacobsen: Tho tram did not move before the . collision. The young woman hesitated, but did not step back, i George H. Wilson, a passenger in the taxi, said the car seemed to be travelling : at from 18 to 20 miles an hour when it passed. In his opinion Miss Roberts had not time to avoid being struck. There was nothing to pbscure Pitman's view of her.

Dorothy T. Webster said she alighted from the tramcar and passed deceased, who was going toward tho tram. Upon reaching the footpath witness turned and saw deceased speak to the conductor and then descend from the step of the car and return toward the footpath. Mr. Hunt: The whole point is that Pitman should have pulled up at the rear of the tram, too. He had no right to be where he was.

Witness said she did not consider Pitman's car was going fast. • Mr. Jacobsen suggested that deceased told witness it was an accident.

Mr. Hunt; I am not going to allow you to put words into her mouth. Witness: She spoke to me, but I cannot remember the discussion. I was chiefly concerned with making her comfortable.

To Mr. Hunt ■ witness said she viewed tho skid marks after Pitman had taken deceased to the hospital. They extended for about Bft.

Extent of the Injuries.

Dr. C. A. Taylor, house surgeon at the Auckland Hospital, said that when admitted Miss Roberts was suffering ostensibly from injuries to the arm and leg and shock, and an x-ray examination disclosed she had also sustained a fractured pelvis. After improving for two days gradual paralysis affccted her arm and leg and ,a further examination disclosed a fracture of the spine at tho base of the neck. An operation wa3 performed with success and the patient rallied. A relapse occurred on November 28, and Miss Roberts died suddenly from, heart faduru following po3t-operative shock. Had the operation not been performed, the patient would have become paralysed and would have died from an infected complication. Sergeant Lambert said Pitman had stated ho was descending Upper Queen Street at about eight miles an hour and had reduced'his speed to four miles before the car struck deceased. Tho brakes of the car were in good order. Witness produced an unsigned statement alleged to have been obtained from Miss Roberts, in which she said: "I did not expect the moto."-car to move, and thought I could walk to tho footpath with safety."

The Law Perfectly Clear. Mr. Hunt: Tho law is perfectly clear on this matter. It is the duty of every driver to exercise ths prudence and diligence which ordinarly skilful drivers are accustomed to use.

The coroner then returned a. formal verdict in which ho said the motor-car ■was driven by Pitman in a culpably negligent manner. D Sub-Inspector Rawlo intimated that a charge of manslaughter would follow. Air. Hunt said it would be unnecessary to read the witnesses' depositions again. Each witness then formally acknowledged this evidence previously given. Pitman pieaded not guilty to the charge of manslaughter, and was committed to the Supreme Court for trial. Bail was iised at £500, a surely being immediately forthcoming.