MANSLAUGHTER CHARGE

New Zealand Herald, Volume LXII, Issue 19140, 5 October 1925, Page 11

MANSLAUGHTER CHARGE

NELSON MOTOR FATALITY.

THE SPEED OF THE C4R,

OPINIONS OF WITNESSES.

(by telegraph.—press association. ] NELSON, Saturday.

The hearing of evidence in the manslaughter charge against L. W. Field in connection with the Waimea Road motoring fatality concluded before Mr, Maunsell, S.M., to-day. The specific charge was driving at an excessive speed on a dangerous part of the road.

All the witnesses who were on the scene of the accident stated that accused's speed was not excessive considering the circumstances. Charles Edward Parkinson, Nelson traffic inspector, said that judging from a photograph of the damaged car he was of the opinion that the car was travelling at an excessive rate of speed. When the case for the police had concluded Mr. Treadwell, for the accused, contended that it was not necessary to call evidence for the defence. He proposed to go through the evidence. The magistrate said that the evidence was uniformly in favour of the defendant. They could not have been more favourable if they had tried, so that it was unnecessary for Mr. Treadwell to outline the evidence. He did not intend to dismiss the case at this stage. Whatever he did he would put his reasons in writing. Evidence for the accused was then called. William Lowrie, insurance adjuster and manager of the Wellington Motor Company, said he thought there was not the slightest doubt that when the two cars were coming down th 6 hill, and when near in g the bottom, the car driven by the accused attempted to pass the other. Considering the width of the road there was ample room. At that mdment the other car evidently struck a wet patch on the road and automatically slewed !to the right. The front wheel of this car struck the back wjieel of accused's car, : which would cause it to capsize. To the magistrate, witness said he had seen a car driven at a reasonable speed smashed up as much as the car owned by the accused. It all depended where it was struck.

Percival Wood, car-driver, gave corroborative evidence as to this theory. The previous "witness had asked -i Irn to drive down into a mudhole. The car automatically swerved out, and he could not hold it. He did not know what was in the previous witness' mind when he made the experiment. , The magistrate said he was not going to take his responsibility lightly. lie desired to consider the evidence and was going to have another look at the scene of the accident. The case was adjourned until Monday. The aeeused was released on his own recognisance of £IOO.