SEQUEL TO FATALITY

Poverty Bay Herald, Volume LXIV, Issue 19313, 1 May 1937, Page 15

SEQUEL TO FATALITY

MANSLAUGHTER CHARGE RUNAWAY TRAMCAR MOTOR-MAN FOR TRIAL (Per Press Association.) DUNEDIN, this day. A manslaughter charge was preferred to-day against Alfred Chapman < : 33, the driver of the.' tramcar that left the Opolio line and crashed into a vacant section early in the morning of April 15. inflicting fatal injuries on .John Kenny. The. charge was that Chapman, by omission and without, lawful excuse to perforin or observe Ins legal duty did cause the death of Ivenny, thereby committing manslaughter. The depositions of the witnesses at, the inquest were read over to them in tile criminal proceedings. Counsel for the accused contended that the prosecution must prove definitely, first, that there was a, legal duty to lie performed by the accused; and. secondly, that, lie omitted to carry out that duty. The summons did not, disclose the omission alleged. In point of fact, Chapman was doing everything in bis power to prevent the tram running away. The evidence showed that he applied the magnetic and hand brakes, that they did not work, and that lie- was in the process of effecting the movements necessary for the application of the third emergency brake when the car went off the rails.

The, magistrate, Mr. .1. R. Bartholomew, said that the information, as it stood, was somewhat ‘indefinite, hut in substance was a charge of manslaughter. It could he amended to be made clearer with the interpolation of “being a motorman in charge of an electric tramcar” at, the beginning. He was of the opinion that, a prima face ease had been made out.

The accused was committed for trial and allowed bail in bis own recognisance of £SO.