CHARGE OF MANSLAUGHTER.

Star (Christchurch), Issue 9213, 16 April 1908, Page 1

CHARGE OF MANSLAUGHTER.

THE ADDINGTON MOTOR

FATALITY.

DR DIAMOND COMMITTED FOR

TRIAL

Yesterday the case of Rex v. Dr William Diamond, a charge of manslaughter, was opened before Mr V. G. Day, S.M., at the Magistrate's Court. The formal charge against Dr Diamond was that he did, on February 22, by his negligent and improper driving of a motor-car, cause the death of Sydney Raymond Merrett. Mr Hall appeared for the Crown, and Mr Beswick for the accused.

Mr Hall, in opening his case, said that the accused was charged with having driven improperly and negligently. This he would prove was so under the Motor-Car Regulation Act, and he would also lead evidence in regard to the speed of the car. Edward Joseph Mjarriner produced a plan of the scene of the collision.

William Schraeder, signalman at the Lincoln Road railway crossing, gave evidence that at 11.15 p.m. on February 22 he saw a motor-car pass the crossing on the wrong side of the road. It was then travelling at between twenty-five .and thirty miles an hour. He thought that the car was Dr Dimond's.

Dr T. L. Crooke, resident surgeoa at the Christchurch Hospital, gave evidence regarding the injuries received by Mr Merrett, who died on March 1. He said that Mr Merrett had died from the injuries received in the accident. He made a" post-mortem examination, and found that Mr Merrett had had an extensive fracture of the skull and lacerations of the brain.

Edward Lewis M'Cracken, a carter, said that the car passed him at 10 p.m. near the Star Hotel, travelling at about thirty miles an hour. It was on the proper side of the road. A little later he heard the crash of the collision, and when he reached the scene of the accident he saw the wrecked motor-car near the tram. The tram's headlight was showing brightly. \ Constable R. Allen said he had estimated the speed of the car at fully thirty miles an hour. No horn nor bell was sounded as the car passed him near Baldwin's botit shop., about one hundred and eighty yards from the accident, but the car was on its proper side. A few seconds afterwards he heard the bump, and, running to the scene of the accident, found the car about five yards from one of the goles, and on the rails of the track to preydon. He said to Dr Diamond: " You were going at a terrible rate, doctor," and Dr Diamond replied : " Yes; I was hurrying to attend Mrs Merrett." Dr Diamond also told him that a stray horse had been, the cause of the accident.

James Johnson said that he estimated the speed of the car when it passed Baldwin's boot shop at between thirty and thirty-five miles an hour. He heard no horn or bell sounded.

Alfred Edwin Baldwin said that the car passed his shop like a flash, but on its right-side. Its speed would be about thirty miles an hour. Joseph Hendron said that shortly after 10 p.m. on February 22 he had been leading a horse from his stable in Lincoln Road, nearly opposite Clarence Road. As he stepped on to the footbridge the horse ranged alongside of him on the city side, so that it shut out from his view any vehicle coming from town. The horse was startled by an ingoing tram and broke away from him, running towards the rails. Then he saw the motor-car. It swerved from the left hand to the right hand side of the roadi and collided with the horse, and about five yards further on struck the tram. The motor-car met the tram squarely front to front, and was directly on the rails. The motor-car's speed was from fifteen to eighteen miles an hour. It was less than a chain, distant when he first saw it, and its speed seemed to be checked as it came towards him. No bell or horn was sounded.

George Ritchie Adey, motor-man on the electric tram-car, said that the accident occurred at 10.14 p.m. He first noticed the car when it was a considerable distance away. He watched it approach him, but withdrew his attention to look at the Clarence Road stopping-place for intending passengers. He sounded the car bell about two chains from Clarence Road. The motor-car was on its proper side when he first saw it. The tram was travelling at about fifteen miles an hour. After passing Clarence Road, the next thing he noticed was that the car had swerved on to the track in front of the tram. The two collided, the tram hitting the car fully on the broadside. He could not check the tram before the accident, but at the moment of collision he reversed it. The resultant electric flash blinded him for a second or so, and he was not sure what happened to the motor-car, but he thought that the under-carriage was driven from the body of the car, which, was thrown to the right of the rails. Alexander Fraser, the conductor on the tram, also gave evidence. This closed the case for the Crown. Dr Diamond pleaded not guilty, and was' committed for trial. He reserved his defence. Bail was allowed, the accused in £250, and one surety of £250, or two of £125 each.