THE FOSBENDER CASE

Southland Times, Issue 17492, 22 April 1915, Page 7

THE FOSBENDER CASE

AO.TSKI) BEFORE Till': COURT. m:\v evidence i,\'n:omvEu. ai.MMITTTIi FOR Til! A 1.. I.imis Kosl'i’ii'icr u;is li.'i'oro the IVlh-o Courl yesterday morning on a charge That la* did. "ii April L“. l»y culpable nejrliijenco. cause the death of William Jackson. -The* Bench was occupied by Messrs J. i.'rnsliy Smith and .7as. Ward. J's.r., and the hearing extended over ■ clcrht hours, concluding just before t» p.m. Inspector Norwood and I >ol»*r t i veSerseanl t'aiiioron conducted the prosecution and Mr Kustace Uussell appeared for accused Louisa Hoieon McKenzie, a resilient of Northern!, yavc evidence in terms of her deposition at the coronial enquiry, ami under vross-v.xanuruuion detailed what happened from the time she heard the crash until she viewed the debris. Dr Stewart j;avc evidence on the same lines as at the inquest. .Dr Drown, medical superintendent at the Southland Hospital, also gave evidence. I lurry HihL, a now witness, said that lie remembered the evening of April a. He was poin.i? aiotm the Riverton road witli a load of furniture on his way to Waimatuku. dust after passing the Wright's Hush dairy factory he passed a motor ear driven hy Louis Kosbender. It Mas then about rt.:h> p.m. He was not certain, but he thought there were three male occupants of the car. which was travelling at Do miles or more an hour. It was passing other cars, and was passinff them very fast, and witness reckoned that the other curs were doin.i? twen-ty-five miles an hour. The car was beins? driven very badly and was all over the road. 'Witness pulled right off the road to got out of the way, and the car went right -on to the grass near the fence, notwithstanding the fact that there w;us plenty of room on the road. It appeared to witness that Fosbender must have been drunk from the way lie was driving the car. Pie (Fosbender) stuck to the grass for about three chains. During the course of this witness* evidence Mr Russell lodged an objection to the evidence and asked the Bench to note his objection. To Mr Russell ; Witness passed about seven cars within about a quarter of a mile. The next car behind Fosbendor was about a chain in the rear. There was also one about a chain in front. William Victor Holeman. proprietor of the Club Hotel, said that he remembered Monday. April on which day }!-■ went to the Riverton races with two other men. Frank intone was driving the car he (witness) was in. and when returning near ‘Wright's Bush he heard someone calling nut. It would then he about six o'clock. There were a number of cars in a line, tiie average pace being twentylive miles an hour. Looking hack he saw one cur passing the others and someone from on" of the cars called. ' Homo on, let's get nasi." *>n looking round ho saw a cur driven by Fosbender. The otiier occupants were a man and a woman. At that particular point the car was being driven all right, but at other points Fosbender took risks which witness certainly would not have taken. Fosbender did not pass th" ear in which witness was travelling, although witness loaned out and motioned him t" do so. Witness stopped at Stiven's h"U*l. Accused also stopped tiler*' and witness spoke to him. He seemed to he all right but was a little excited. Andrew Wilson, a member of the firm of Kinprsland and Anderson, also a new witness, said that on the evening in qip-stion hj" was returning from tin- Riverton raws by motor. About Wright's Bus!) he was travelling at a sliced of about 1’ miles an hour. Several motor ears passed him about that point, one of t loan a light-coloured ear driven hy a man in company with another matt and a woman. This car was travelling at a fair r.ir-v Witness saw a load of furniture drawn up on its proper side of Die road li"pve-n the First cornel 1 and the store. It was about tills point that the light-coloured ear tried to pass him. and it swerv'd right across the* road in front of his car. Witness de-cb.tched and pur on his brakes and thus avoided an accident.

Nil 1 Bii-nHI '-ailed the :iD‘*nlion th* 1 court to his objection to th" "valence healing <>n what took place on th" Riverton mad Witness said tha; it' !■,»• Pad not pul i.n liis brakes th" Huh: raj* mlyhi ha.v" turn he I ih" mudguards Ol ' his ear. Later ho saw a car, which h»* look To be th" same on", in Front of ill" Walhicotown Hotel. H** M-<.uid m>t say that the car was driven in a r**ckl"ss mamvr. h"'\iuse tl" did not see what ransed the ear to sw**rve. Lut he saw no rnisoii why it sii'Mild have swerved. \n other enr passed him in tin- sam*- manner 1 . Janus Kinsshind. a nmnih"! 1 of the linn *d' Kln&rsland and Do., ;i further m-w witness, said that he atf'-nded lh" Riv"i ton races on April and "Tie Wilson was driving iho car in whhh witness irawlL-d. Ji" saw th" rer referred t". Il a ]>P"a ** d to he crowded, Th")-.- wenthree po"pI" in it imdudiny i-'"'-!>cnd":. who was driving his enr 1 . which wn< travelling faster than any *q!" r ear <>n th" road. \V!e-n accused’s car passed Wilson's Hie latter was well on the left, also rnl"innii's, Mhich Mas in from. I '"shendor came across the front of Wilson’s car. Witness saw nothin- to cause him to do so. In fact he thought that th'-re was proinp to be a smash, and iic fmt on to the scat. Accused went mi and appeared to be trying to pass (’oleman on his wi-ontr sid". He saw (‘oleman wavinsr his hand. Then the furniture van on me i?T view and accused v.c-nt on to the grass a sain H" did not sw. accused acrain. hut saw ih»* car standing outHd" i !io Wallacetown Hotel. Witness • lid not s"" anyone else who required to \w about the road in the manner Foshender Mas doiiis*. am! il appeared to him *o be an out of the way thins to do Robert Hawkins WVsiiey. who was in company Milh deceased in the "art M’hen do- cIIMmi took plac". ya ve evidence f.'M.ovnm th*- lines of !.is deposition ho. f«"e i!i" coroner. I 'nder ei'oss-exa mi na I ion \\ i t ness said iho' they Mere tr‘dilliy at the time of III" eollisiOM. }V,I»'I Si""!", who said that she smnetine s followed th e occn pa 1i on of a dressmaker, said that lies Lie- herself and F*»shemler ihe car carried two men. Metzger and Aitehi-ou. on the return journey from Riwrton. Metzger was sitting on Ailchison's knee. She could not say when they left the racecourse, nor when they arrived in 1 nverenreriil. but she believed it to be between seven and ei"!u. Inqcctor Norwood : Did you so to Bi ' hermha's ? Witness : fs that mve*sary ?

In-peetor ’Norwood : Did you :?o to Brokensha’s ? If it is not necessary the Bench will stop iru*. —Yes. She went on to detail (ho piox're.ss id’ ihe car from Brokensha's to the North Road, th*- picKiriK up "f 1 'oekhnrn in Dee st»"cl. and die continuation of the journey. [•’()- hende’’ drove all th" time, and the car eonHmicd to l rave! on the hand side of the tramline. When they cot into the North Koad it was still

clear of the tramline. She saw a light approaching on the side of the road. After that the car went straight on. The motor car did not cross the tramline. She was certain of it. A collision look place and the car ran up on to the fontpath on the east side. She gave evidence on similar lines to her deposition before the coroner concerning her movements after the collision. Inspector Norwood : What condition was accused in V —Perfectly sober. Ho had not had a drink all day?—l was not with him all day. 1 suppose ho did not go into the WalJacelown Hotel ?—I did not see iiim go in there. He got out "1* the car. but I. did not see where lie went. (dontinuing her evidence, witness denied that Mrs McKenzie came near the car and spoke to the occupants. John Pagan, taxi driver, gave evidence as at the enquiry, nnrl under crossexamination said that it was not an uncommon thing to Find carts carrying bicycle lights. As a matter of fact he had seen a two-horse van with a hood lighted with a single bicycle lamp in the middle of the hood. Re-examined hy Detective-Sergeant Cameron witm-ss said that the light carried on a bicycle would be about D feet ri inches from the ground while the light in question was about six feet six inches from the ground, about double the height of a lamp carried on a bicycle. John Slater Koyds. accountant to the Firm of Kiiyds Bros, and Kirk, gave similar cvidenc* io his depositions before i-nrunor. ami to the Bench slated that ho had never known a steadier man than deceased, whom he was surprised to learn laid taken any drink on the day in question. Frederick Autrust us Thomson, land agent. anil John Thomas, an employee of Brokensha's lish shop, save evidence in terms of their depositions. l->avid Davidson ilr;uis. carter, in the employ of Martin and Co., a new witness. said that on April 5 at about S..'iO p.m. lie was driving- a spring dray along the North Road. going north. He saw some people, and. when lie went to have a look, could see Unit there had been a collision. The dray was on its wheels, the back of the dray being almost against the footpath and the shaft was eighteen inches or two feet over the eastern tramline. There was a motor car twelve or fourteen feet from the cart. He. saw gravel scooped out about four feet from the eastern footpath. It appeared to have been caused by the wheel of it cart. After going down to Karnslaw street he came back and at Wesney's request picked up the debris, Deceased got into the cart. Witness tusked him whether he was in any hurry to got home. He said ho wtis nor. so they drove to the station where witness got a job which took him to Thomson street. Northend. After going there he took Jackson home. The hitter diil not leave the cart between the time of getting into it opposite McKenzie's till In- got home. Witness saw no signs of drink on cither Wrsney or .laeksoii. Witness examined the carl with a light and lie noticed slate coloured paint on the nave or huh. The hut) would lie about two foot three from the To .Mr Russell: The paint was about three incites on the inside of the iron band of the nave. inspector Ghincotb'lcl. tramway inspector. gave evidence that tho tramway lights were lit on the night in question. Constable .Anderson gave detailed evidence hearing on his examination of the scene of the accident. Fosbender reserved his defence and teas committed for trial at the next sittings of i he Supreme Court, hail being allowed on the same- terms as before.