MANSLAUGHTER CHARGE.

Sun (Christchurch), Volume VII, Issue 2031, 18 August 1920, Page 11

MANSLAUGHTER CHARGE.

SUPREME COURT TRIAL. NEW BRIGHTON MOTOE TATALITY The hearing of a charge of manslaughter against Robert Bruce Forsyth, was opened in the Supreme Court this morning. The case arose out of a collision between a motor-car and a tramcar, in Page's Road, New Brighton, on May 22, which resulted in the death of William Arthur Griffin. At the time of the accident, Griffin was in a motorcar which was driven by Forsyth. The charge against Forsyth was, in effect, that he had negligently driven so as to cause the death of Griffin. His Honour Mr Justice Herdman presided, and a jury of 12 was empanelled. Mr A. T. Donnelly appeared as Crown Prosecutor. Mr A. C. Hanlon, with him MY J. R. Cuningham, appeared for the prisoner.

Mr Donnelly, opening the ease for the Crown, said that the duties of persons engaged in driving motive vehicles, such as motor-cars and tramcars, were definitely laid down by law in New Zealand. Such drivers were bound to use such diligence, care and prudence as were ordinarily used by drivers of such vehicles. If by his failure to exercise such diligence, care and produce, the death of a person resulted, the driver was guilty of manslaughter, unless it was proved that there were circumstances which gave him a reasonable excuse. • The question for the jury to decide was whether the accused exercised the care which a driver would ordinarity exorcise in the circumstances. Counsel submitted that Forsyth would be shown to lave been guilty of negligence in three respects—firstly, that the evidence would indicate that he was under the influence of liquor to the extent that his judgment was impaired; secondly, that it would appear that the motor-car was being driven at a fast pace after dark, and, thirdly, that it would appear that accused either failed to keep a proper lookout or had failed to exhibit skill in the management of the car. \ William John Waldron, steward of the Richmond Working Men's Club, of which the deceased Griffin was a member, said that Griffin came into the club about 5.50 p.m. on May 22. Griffin had two bags, one containing a gallon jar and the other containing two "square-riggers." Both the jar and the bottles were filled with beer in the bar at the club. Forsyth the bar door. Witness considered that Griffin was sober when he entered the club, but Forsyth appeared to Jiim to be under the influence of liquor. Griffin left the club about six or seven minutes past six, so far as he was aware. Forsyth had no drink in the club.

Mr Hanlon did not cross-examine the witness.

William Lawrence Sampson, 12 rears old, and living with his parents in Page's Road, said that he was cycling along Page's Road, toward the city, about 6.15 p.m., on May 22. He saw a small twoseater motor-car, carrying two men, travelling toward New Brighton. When the car got level with him ho jumped off his cycle, bocause the dust stirred up by the motor-car was so thick that he could not see to cross the road to the place he wa.s about to visit. The car was going at a fast pace. Ho looked after the car, and saw it go over a bump, and a faint light which was on the rear of it go out, just after it had passed him. Caspar Gray Webley, who resides in Page's Road, said that when he was sitting in his house about 6.20 p.m., on May 22, he heard a crash outside. Going out, he found that a small two-seater motoroar had collided with a tramcar. A man, apparently unconscious, was lying over the remains of the steering-gear of the motor-car. The motor-car was greatly damaged. Witness telephoned for an ambulance. When he returned, Forsyth was lying on one side of the road, and on the other side of the road Griffin was lying, badly injured. Griffin died shortly afterwards. Forsyth was dazed, and was bleeding at the neck, and smelled very strongly of liquor. Several times Forsyth wanted to get up; once he wanted to get up and drive the car to New Brighton. Witness considered that accused was under the influence of liquor at the time. On the following morning, witness examined the scene of the accident, and saw signs of something having been dragged across the road. There were splinters of glass and wood for about 15 yards along the road.

To Mr Hanlon: At the time he saw Forsyth, he did not realise how severely the man had been hurt. But he could not understand a man who was suffering from shock alone wanting to get up and drive a motor-ear again. He had been fcr three and a-half years at the Front; and had seen many unconscious and partly unconscious men. He admitted that many semi-conscious men did silly things. MEDICAL EVIDENCE.

Dr James Carmichael Pairman said he hail been called to the scene of the collision, which he reached about 6.45 p.m. Forsyth was standing on the opposite side of the vond, in a dazed condition. He had a wound on the foreihead and another on his chin. He could not give his name, but mentioned Griffin 's christian name. He could not give the surnames, nor Griffin's address. He went into the ambulance wagon after some demur. His breath smelt of liquor. He had suffered a good deal of concussion, and witness could not say how much of the symptoms were due to drink or concussion. To Mr Hanlon: The injuries were severe, accompanied by haemorrhage and shock. After concussion one expected symptoms consistent with alcoholism. He did not think one could distinguish between alcoholism and concussion, after concussion. Forsyth's actions may not have been due to alcohol at all, in view of the injuries he had sustained. Dr Geoffrey M. F. Barnett, house surgeon, -Christchureh Hospital, stated that accused required an anaesthetic when his injuries were attended to on the evening of his admission. There was a smell of liquor on Forsyth. The symptoms of both alcohol and shock were present in the patient. He could not say how much was attributable to either. „ . „ T CRASHED HEAD-ON. William Howard I'hipps, of Pnji«'» ttoad, said the .-..11i-ion occurred -HO v.-.nls from his house. He saw a (ram p*,ss his house about <"..18 p.m. He turned his back on the car, the gong of which was sounded. He then heard a crash ami arrived on the scene of the collision to see Griffin under the train an.l l-'orsvlh being taken to the roadside. The tram was backed and Criffin was extricated. He was alive but died a few seconds later. The tram was just beginning to gather speed after a stop when it passed witness. The motor-car had crashed head-on into the left front of the tram and then slewed round at right angles. Francis .Joseph Smith, niolorman of the tramcar, stated that lie stopped the car at Breeze's Jfoad, at CIS. .Shortly afterwards ho saw a motor-car 100 yards ahead of him. The motor had no headlights and was on the Ira in line. I!e applied the brakes and rang the' bell, but the driver of the motor-car took no notice. The motor-car si ill