SUPREME COURT.

Timaru Herald, Volume CXXV, Issue 17945, 2 May 1928, Page 7

SUPREME COURT.

TIMARU SESSION.

(Beforfc His Honour Mr Justice Adams). The quarterly session of the Supreme Court opened in Timaru yesterday morning at 10. JO. The' calendar was one of the heaviest set down ior some time, including live criminal cases, two civil cases before tho Judge anu jury, two civil cases beloro the Judge alone, in addition to several minor cases. GRAND JURY. Tho following Grand Jury was empanelled : —Alessrs R. L. Orbell (foreman), R. P. Alston, \\\ Angland, L. R.'Breen, G. A. Bridges, Ai. (Jodyre, it. Darroeh, JO. A. Edmiston, J. AtcO. Gow, D. Grant, D. N. Harper, J. \V. Holdgate, A. It. Horwell, it. Howden, C. E. Johnstone, G. B. Lamborn, 11. G. Naylor, V. H. Panton, P. AV. Rule, R. AV. Simpson, AV. Taylor and J. A. Timlin. HIS HONOUR’S CHARGE. In his charge to the Grand Jury, His Honour said that he regretted to have to inform them that there was a heavy list of criminal cases to come before them, there being five charges, which was unusual for Timaru. One or two were serious cases, while one was very serious. , The first case was that against a man named Roache, who was a partner in a firm, and who was charged with stealing £4O, the property of the company. The only remark he had to make about the case was that although two persons were partners, under criminal law each may be guilty of theft if he converts to his own use any part of the partnership property.

Continuing, His Honour said that there were two cases of indecent assault and one of carnal knowledge, which.' lie was unhappily called on to deplore much more often than ought to be the case. The first case was against a man named Morgan, who was charged with indecently assaulting two little girls who were travelling in a puouc conveyance. Another case was against a man named Rumble, who was also charged, with assaulting a little girl. Both assaults were alleged to have been committed when the girls were going to school. Then there was a case against a man named Watt, who was cliarged with carnal knowledge of a girl under 16 years of age. Tho evidence in all the cases was of a simple nature, and he did not intend to say more about theni. It had to be borne in mind in these and in all other cases that the duty of the jury was nob that of a common jury. 'They had not to consider whether the accused were guilty or not guilty, but whether the case should go to the common jury to be carefully and properly inquired into. The next case, a rather serious and' sad one, was that in which two young men, William Drew and William Chiles. were charged with negligently driving a motor-van. and by reason of that negligence bringing about the death of a little boy. The offence was now a statutory one, being no longer in the category of offences as manslaughter. The statute provided mitigated punishment where a verdict of guilty was given by the common jury. His Honour briefly reviewed the facts of the case, and added that the question the jury had to decide was not a difficult one on account of the limitation of their duties.

TRUE BILLS. True Bills were returned in the following cases : William .Howard Rumble, two charges of alleged indecent assault; John Alorgans, two charges of alleged ihdecent assault; Roland iWattj alleged carnal knowledge; Willialm George Drew and William Edward Chiles, alleged negligent driving thereby causing the deatn of a lad; and Leslie James Roache, alleged theft of partnership money. BANKRUPTCY. The following discharges from bankruptcy were granted:—Robert \Y. Whitman (Air LI A. Charles), John Shaw (Air AV. D, Campbell), George liicks (Mr AV. H. Waiton) and Robert Waddeli (Air J. P. Steven). CRIMINAL CASES. AA 7 hen the two charges of indecent assault were preferred against William Howard Rumble, Air J. Emslie, wlio appeared fur the accused, entered a plea of guilty on the second count. The Crown Prosecutor (Air W. D. Campbell) accepted the plea. The prisoner was remanded until Friday for sentence. An application for bail was refused. John Alorgans had two charges oalleged indecent assault preferred against him. Air J. linislie, who appeared for the accused, entered a plea of guilty to common assault. This plea was accepted by the. Crown and the prisoner was remanded until Friday for sentence. NOT' GUILTY. Roland AY art- was cliarged with a. criminal offence against a girl under it> years ot age. Air L. i\P. rnglis appeared for the accused, tuc. ease for the Grown being conducted by :Ur AY. D. Campbell A plea ot not guilty was enteied. The lo!lowing jury was empanelled: Messrs l'\ fe. bnnmpton (foreman), D, Halpin, G. E. Knowies, A . G. Aieelian, it. r itzgeraid. R. S. Baird, G. Jackson, H. A. limes-Jones, T. Ward, J. Keenan, G. it. oeliraeclor and A. Hill. Alter evidence had been heard, counsel addressed the jury, Hjs Honour summed up, and tbe Jury retired at 12.15. They returned at 12.3 U with a verdict ol not -guilty. Tne prisoner was then discharged. COONOOR ROAD CASE

AA’illiant George Drew and \V j Ilnur, Edward Chiles were charged with negiigefftly driving a motor-van along Coonoor Road on February 14, thereby causing the deatli of i\oel 14. Waller. , ,

The accused, who were represented by Air \V. H AValton, pleaded not guilty. 1 lie following jury was empanelled: Alessrs C. H. dolinston tforenian), C. jr clark?, J. D. W'i'liams, J. AV. AYakefield, A. Hill, H. E. Lawson, H. Powell, R. 8. Baird, G. E. Know es, Fitzgerald, C. H. Schraeder and V. L. Thomas. Opening the case for the Crown, Air AV. D. Campbell said that the accused were charged with having negligently driven a motor-van a’ong Coonoor Road, thereby having caused the deatli nl Noel AVnller. There could be no denying the lact that the boy s death was due lo his having been struck by tho van. The boy had been to school in Tiinam. and - was on his nay homo when he was struck. The boy was aalking along the road, and was 131) yards away when the occupants, ol the .sir iirst saw him. Accused said that the boy heard them approaching, for lie turned round when the van was some distance away. The accused drove into the police station alter the accident, and later the same evening the van was inspected, when it was found that the brakes were jiraetically useless. Later still lurther tests wciv* carried out. ......

Frank I l '. A. Ulrich. duly qualified medical practitioner. said Hint on 'February 14 lie was culled to -Mi' Waller’s house, and found liis sou sufferin'' from abrasions to the face and bands. There was also a wound on tbe back of the neck. In bis opin-. ion the injuries wrr:; consistent witli file lad ha vino been struck by a motorcar. , , To Mr W'a'ton: The wound he rc-

ferred to was on the left side of the neck, but in itself was not sufficient to cause death.

George Herbert Ussher, duly qualified medical practitioner, said that he attended the lad when he was admitted to the Hospital about 5 p.m. He died about 5.40 through laceration hf the brain and a fracture of the base of the skull. To Mr Walton: He did not see the wound referred to by Dr. Ulrich. The marks lie saw he understood were caused through the lad striking the road. Margaret Blanche Waller, mother <)f the boy who was killed, said that she last saw the boy alive on the morning of February 14, when he left to go to school. About 3.30 in the afternoon Drew called at her hous" and asked if she had' a telephone, a« he desired to secure a doctor to attend a little boy who had been knocked down. He told her it was necessary to get the doctor, as the lad was badly hurt. Later the accused visited the house, and witness heard them describe how the accident happened. Drew said that the boy had been walking in the middle of the road. He blew the horn, but in endeavouring to avoid the lad, they had struck him with the left mudguard. To Mr Walton: After the boy wa9 brought home, her husband left the house and went up to the scene of the acoident. She was positive that Drew had said that he had sounded the horn, and it was because of this that the lad had turned round.

Thomas Black, engineer to the Levels County Council, stated that in February last he took levels of the Coonoor Road, which is in the Levels County. Where the accident took place the grade was 1. in 33. From the scene of the accident to the first bend on the Timaru side there was a straight run.’ of about 7 or 8 chains. The grade on Ford’s Hill was 1 in 15, and the steepest grade, at Briggs’s Gully, was 1 in 9. Lilian Heather stated that she resided in Coonoor Road. On the afternoon of February 14 she saw both the accused. Drew went to her house to I use the telephone, and later he went to Airs AValler’s house. AVhile there she heard him say that he had sounded the horn and it was then that the boy ran to the side of the road, bhe vas not sure that Chiles had said anything .about the horn having been sounded. George Waller, dairy farmer, residing in Coonoor Road, said that lie heard of the accident about 3.30 on tho afternoon of February 14. Drew, before taking him to the- accident, told him that he had sounded the horn, and had pulled up in five yards. He took the boy back to the house, and then returned to the scene of tne accident to look for skid mark?, but could nor. see any. The surface of the road was quite hard. To Air AValton: The only conversation he had with Drew was when he said that lie had sounded tho horn and had pulled up in five yards. He did not examine the ear to see it there was a horn on it. AVhen he first reached the injured boy he was lying on the grass. He could not remember having seen the lad lying on a coat. There had been a wind storm that atternoon, but it lasted only halt an hour. He would not like to say that the lad was in the centre of the road when the accident occurred, for lie was very particular as to where he walked on ffoinf** to, and coming from, school. Constable AV. S. Harrold stated that on the afternoon of February 14 the accused visited the Police fetation, where both made a statement regarding the accident. Detective H. Nuttall said that, accompanied by Constable-Swan, h© saw the accused at the Beaconsheld bakehouse about 8 p.m. on the evening of the accident. He asked for a test : of the van, which was made on, a slope of approximately 1 in 25, and travelling at 15 miles an hour it took Drew about 2£ chains in which to pull up. The following morning, accompanied by Air J. Ale Kim, Borough omnibus engineer, witness again visited Beaconsiield, when it was found that the handbrake was useless, lhe footbrake could be pushed right to the yQ 01 - board before it had any effect .AMien a test was made on a Hat stretcii,.. I) took the accused Drew, when travelling at 20 miles an hour, aobut J-lff feet in which to bring. the van to a standstill. Continuing, witness said that the distance from the ilist bend on the town side to where the boy was struck was 130 yards. Later a* test was made on Coonoor Road at tne scene of the accident, tho car having travelled at the same pace as on the afternoon of the accident. AVhen the brakes were applied the car went on for a further 104 leet before stopping. To Air AValton: Ho considered that the van was not in a fit condition to be used, either as a commercial \an or anything else. The accused may have «aid that tho brakes had been attended to some three weeks prior to the accident. As far as lie was concerned the test of the brakes was made at the earliest possible moment. It had to be understood that the po ice did not go out and examine the brakes of every car involved in an accident. Constable Swan gave evidence as to having accompanied Detective Nuttall to lleaconstield to make a test on the night of the accident. . John Ale Kim, omnibus engineer to the Timaru Borough Council, stated, that the reverse gear on a Ford car, if applied gradually, made as effective a brake as did the ordinary loot or handbrake. He conveyed this tnformalion to Drew the morning alter tlie accident. . Witness went on to say Hint he examined the brakes ot the van, which showed that no recent- adjustments had been made At that time they were useless. He knew the 1 district well, and he would not expect 40 miles of country smu’ar to that ot the Benconsfield area to put tho brakes of the van in the condition they were when he saw them. To Air AValton: The night belore be made the test heavy rain had fallen, ! and when lie saw the van it appeared to have been out all night. The ram would not have had any effect on the brakes, which had iron shoes, lie bad noticed tho floorboard cracked vnicrethe foot pedal touched it whciy put hard on. His opinion was that n the brakes were efficient, the van, when tra.vel’ing down Coonoor Road at lo miles an" hour, should have been pulled up in about 20 feet.® He would not I have cared to have gone down Brigg s ; Gullv in tho van with the brakes m I the 'condition they were when lie saw them He did not think the work the ; van had on the afternoon of the aecidj out was sufficient to cause four turns to be made to bring the footbrake I back c-i a state ot efficiency. Judging |-IVv tbe nature of tbe injury to tho I bov’s neck, lie would say that m all ! probability tbe car was going right nnst him when the mudguard | him. Kor tho wheels to Imvo missed 'the bov and Hie mudguard to have : caught him, tbe car must have been on This dosed the ease for the CrOT i nnd the Court adjourned until fU.io 'tins morning. . ~ Before dismissing the jury, tho Judge warned them not to discuss the matter with anyone until the Court p , j. st-m AH AA niton said th» ,no evidence had been called against the accused Chiles l-!i„ m omnir said be would listen to the point next morning. Assuming teat 'there was general negligence, it was difficult to dissociate the owner from same, he being present. ■e , I'-.nrt then adiourncd, the accused being ado wed out on probation.