MANSLAUGHTER CHARGE

New Zealand Herald, Volume LXI, Issue 18897, 20 December 1924, Page 13

MANSLAUGHTER CHARGE

MOTOR NEGLIGENTLY DRIVEN

| DEATH OF TRAMWAY MOTORMAN j | GREAT SOUTH ROAD FATALITY. Allegations of negligent driving on the Great South Road against a motorist formed a feature of tho inquest, concernI ing the death of the tramway motorman, Mr. William Campbell, held before the coroner, Mr. W. R. McKean, S.M., yesterday. Following the coroner's verdict file motorist was charged with manslaughter. Sergeant Howell led the evidence. Mr. A. H. Johnstone appeared for the Auckland City Council, Mr. Glaisler for George Denton, builder, the driver of the motor-car, Mr. Dickson for tho relatives of deceased, and Mr. J. J. Sullivan for the Auckland Tramway Employees' Union. Reginald George Duddtng, resident surgeon at the Auckland Hospital, said that deceased was admitted at 12.45 p.m. on November 29. He was semi-conscious j and suffered from a wound in the temple ] and an abrasion on the back of the head. He improved slightly, but a condition of nervous irritability developed, and after | a few days he sank into a condition of total unconsciousness. Death occurred on i December 12 from cerebral lacerations and probablo fracturo of the skull. Eye-witnesses' Statements. (.'harks Matthews, a passenger by a, tramcar outward bound on the Great South Road, shortly after noon on I November 29, said that the car stopped | i at the junction of Momoua Avenue, while i j the motorman operated the clock indi- j I cator. While this was being done, an ward-bound train, driven by deceased, j stopped for the same purpose, and witness saw deceased cross the road and pass ! in front of the car in which ho was sit-1 ting. A motor-car bound toward the j terminus struck deceased. The impact j was heavy and Campbell fell several yards from where ho was struck. The motor- ! car pulled up about a chain further on, j and. in witness' opinion, its speed had j ueeti between 20 and 30 miles an hour. j Witness observed that tho. wind shield and hood standard had been damaged by the impact. David Morrison, blacksmith, said that he was a passenger in the tramcar driven by deceased. Witness saw Campbell j struck by the motor-car when he was api proaching the time indicator. Re was I hit by the body of the motor-car about I level with the windscreen. Deceased did not fail I immediately, but seemed to stagger and collapse alter the car had passed him. The motor-car stopped about 25yds • further on. Witness did not hear a horn sounded. He formed no opinion concerning the speed of the motor. Tramway Clock System. Alfred E. Murray, conductor of the tram driven by deceased, said that he was on tho front platform of the car when Campbell descended to check the clock. Witness saw the motor-car before it struck Campbell and estimated the speed at 35 miles an hour. The motor stopped about 25yds beyond where deceased was struck and skidded tor about 7ft. before pulling up. To Mr. Glaister: Deceased's vision vould be obscured by tho outward-bound tram. Geoffrey Manning, tramway employee, said that he was waiting to board the inward-bound tram when he saw deceased knocked down. The motor-car may have been travelling at 25 miles an hour. Mr. Sullivan (to witness) : Do you know how many accidents have occurred since the clocks have been introduced ? Tho coroner asked the reason for this question and Mr. Sullivan said that it was hoped that if it was obvious that the clock system was dangerous, a rider to this effect would be added to the verdict. James Wright, motorman of the out-ward-bound tramear, said that ho was about to manipulate the clock when he heard Campbell's tram drawing up and saw a motor-car approaching. Witness did not see Campbell cross the road, but heard the sound of the impact. He was of tho opinion that the motor-car was moving at from 20 to 30 miles an hour. He did not hear a horn sounded. Mr. Sullivan (to witness) : Do you know how many motormen have becu knocked down by motor-cars since the introduction of these clocks ?—I believe about ten. Motorist's Statement Produced. Constable White produced a statement in which Denton said that he slowed his motor-car down to five miles an hour when passing the tram. He said that deceased hurried into tho road with his head bent and that tho motor was pulled up within a few feet. To Mr. Glaister: Witness knew deceased by sight, and had known him to walk with his head bent when hurrying. Mr. Glaister said that he could call the evidence of passengers in the motor-car, if it was desired. Mr. McKean : It will not be necessary at this juncture. lam satisfied that the car was being driven at an excessive speed. The Coroner's Verdict. A verdict was returned that death was due to cerebral lacerations, resulting from injuries received through being knocked down by a motor-car driven by George Denton, in a negligent manner. With the coroner's consent, Denton was then charged with manslaughter. Mr. Glaialer asked permission to call evidence ;'i:d a remand until Mondav was granted. ! Bail was fixed at T. 50.