CHARGED WITH MANSLAUGHTER

Star (Christchurch), Issue 20000, 16 July 1920, Page 8

CHARGED WITH MANSLAUGHTER

ROBERT BRUCE FORSYTH BEFORE COURT. THE PACE’S ROAD SMASH. As an outcome of a collision on Page’s Road of a motor-car driven by Robert Bruce Forsyth and a tramcar coining to -town from Now Brighton, as a result of which a companion of Forsyth’s was killed, Forsyth was injured, and the motor-car was badly smashed. Forsytlj waa charged in the. Magistrate's Court to-day, before Mr V. G. Day, S-M., that', having under his charge or control on May 22, “a certain inanimate thing, to wit a mo-tor-car, which in the absence of precaution or oarc might endanger human life, ho did omit, without legal excuse, to take reasonable precautions against and reasonable care to avoid such dangerous consequences of omission, and did cause the deatli of William Arthur Griffon, whereby he was guilty of the crime of manslaughter, being an indictable offence.” ’ Mr J. 11. Cuningham appeared for accused, and Semoi; Detective Boddaiu concducted the prosecution. Mr J. H. Lpliaui watched the case on behalf of the Christchurch Tramway Board. Dr ,J. C. Paine an, a medical practitioner, said that on Snturday, May 22 last, he was called to Page’s Road to attend an accident case. He arrived on the scene at about 6.45 p.m. His attention was catted to the body of tho deceased, which was lying on tho side of tlie road, covered by a sheet. Forsyth was on the opposite side of . the road. He was in a dazed condition. He had evidently'been knocked out by the accident. He had a fairly large wound over the right forehead and a largo wound below the chin. 'Witness asked Forsyth his name, hut could not get it. Accused was able to give the surname of Griffon, hut not his Christian name or his address. Witness tried to persuade horsyth to go into the ambulance waggon, but accused was reluctant to do so. However, lie eventually consented, and was taken to the Hospital. The Chief Detective: "What was Forsytb s condition as regards sobriety? Witness: Well, lira breath smelt ot liquor, but I cannot say more than that because the man was just recovering consciousness after the accident. Ho was very dazed, but this condition would not bo likely to be due to alcohol altogether. I am judging that from tho tact that he could not tell Ids own name, whereas ho could tell his deceased friend’s surname. Air Cuningham: He had received a severe blow on the chin? Witness; Yes; he was knocked ou't. I think it may have caused concussion. fhe illustrate*, in the case of concussion, docs not a small amount of alcohol manifest itself mure? _ Witness s I think that when a man’s vitality is lower he smells of liquor more. Dr G. M. F. Barnett, also a medical practitioner, practising at tho Christchurch Hospital, said that on tho day m question lie saw accused at the outpatients’ department of the Christchurch Hospital. Ho was suffering from tiie effects of the accident-shock to i some extent and two severe cuts, one on Hie forehead and one under the dun J besu witness stitched. Accused seemed to be tinder the influence ot liqubr. His behaviour was rather exaggerated and exhilarated. It was consistent with that ot a man under the influence of liquor. His breath smelt of alcohol. To Air Cuningham: Accused’s conduct was not equally consistent with that or a man who had received a seven* blow and concussion. AN illinni John Waldron, of 307. Stanmore Hoad custodian of tho Richmond Working Men’s Club, said he know Gntten well. Deceased was in the club promises at about a quarter to six on the day m question. The club had a charter to-sell liquor. On Alay 22 witness was on duty at the club premises from 2 30 p m to (3 p. m . Griffen was a member of the club. Griffen had two with him when ho entered the bar, one containing an empty gallon jar and the pthoi' with two *• square-riggers" m it. these bottles were filled in the bar with beer. He did not see Forsyth when Griffen entered the club, her-isais-a.*""** thc b “ r Marer So far as witness could discern For- / 1 a PPG'' I red to be under the influence ot liquor. Griffen loft at six or seven npiiutes past six. He took the two bags with him. Forsyth, left the loom before Griffen. Griffen showed no signs of liquor at the club. After witness closed the bar he had a conversation with Griffen, so had ample opixir umty of judging his condition. iMlliam Lawrence Sampson, a boy aged twelve years, and residing with m parents at 120. Page’s-Road, said that at about twenty minutes past six on .May A! h e was cycling along Pago’s Load towards Christchurch. At about that tune a motor-car passed him going towards New Brighton. Thc ca~ was going very fast. He saw two men iti the car, which was a’ two-scatcr I tie motor-car passed him about 250 yards from the scene of tho accident • he motor-car had a faint light at the trout and a faint one at the back It raised a great deal of dust bv reason of the pace at which it was travelling—so much so that witness could not see where he was going when ho got off his bicycle. Ho looked back at tho motor-car, and saw the tail light hut almost immediately after it went out- Ho thought the' car must have gone over a bump, as ho heard a- noise and thc light, wont out simultaneously. The car was about six yards from him when tho tail light wont outTo Air Cuningham: 'Witness was no judge of speed. Gaspard Bray Wobley, of 122. Page’s Road, said that on the night of May 22, at about 6.20, lie was sitting in Ins house when ho heard a crash in the street. He. went outside and found a small two-seater car jammed into the front of a tramcar. An unconscious man was lying over the remains of tho steering wheel of the inoter-car. Witness ran into a nearby post office and called for an ambulance and a doctor. Returning to the scone of the accident, he saw accused lying on one side of the road, apnareiitly regaining consciousness. D*eceased lay on the opposite side of the road, quite I unconscious, and died shortly ’ after- j

wards. At alwut 7.30 next morning tie examined tlio scene of the accident" There were splinters of wood ami broken glass strewn oWcr the tram (rack for a distance of something over fifteen yards on the New Brighton side. Tie spoke to an injured man whom ,ho now believed to be. the accused after the accident. He should say that he was drunk. His manner and mode of speech indicated that Accused once expressed the desire to get up ami drive the motor-car to Now Accused’s breath, smelt Very strongly. To Mr Cumngham: Witness drew Ins' conclusions from the conduct of the accused while accused was lying on ( jib ground. The Magistrate 'suggested that questioning on this lino might be more effective before a jury. Witness continued- to Mr Cun in eh am that he saw marks for some distance along the side of the road of something winch had boon apparently dragged or pushed for about fourteen -yards. The Court adjourned until 2.15 n m WiHi,™ IWtl a residing at Ido, Page’s Road, ■ Now Brighton, said that his house was about 200 yards from the scene of the accident. He saw a tram from ft e \v Brighton pass Ins gate at about eio-fi-toeu minutes past (i p.m. on May 22. Hie lieare the bell of the tram car Bounded,. the brakes Applied, «uul j) crash—all seemed to be, at onee.” Ha rushed to the sccno of the acci-

dent. He saw the motorman aad a conductor carrying ono of the' men hurt—Forsyth—-ana they laid him on the grass. AVitness looked at -Forsyth, and did not think that lie waa uudly luu;t. .AVrtness next, looked at tho tramcar, ami thought ho could see’ something lying underneath it. He got the tramcar backed, and then lie saw ;i man lying underneath it. AVitness picked him up arid took hint to the side of tho road. He found the man very badly hurt. The top of nis head was crushed. He gave two or three gasps and then died. Francis Joseph Smith, a, motorman employ ed in the Christchurch tramivays, said that on May 23 last ho drove a tramcar which left New Ertehlon for Christchurch at G.U p.m. H 0 stopped at Ereeze’s Hoad at. about ni • J , , t lc;l proceeded - towards Christchurch. He saw a motor-car coming Irom Christchurch. It had no lights. Witness sounded his gong’ hut ho motorist apparently teoic no’ no- “:?• ' , ltlK ; ss on gouging, and p..t on the brakes a little to give the motorist a chance to get olf the line, us he was coming straight toward the tram. Jhe motorist made an attempt to get off the hue, but too late. Forsyth apparently intended to pass tho car on his right hand side. The left hand step or Forsyth’s motor-car caught the left hand side of the tramcar. A\ itness was travelling at about life miles per hour. In his opinion, having regard to tho violence' of the crash, the motor-car was travelling very fast. The motor-car swerved lound immediately after the impact. He saw horsyth lying on the remains ol the steering wheel of tho motor-car apparently dead. The steering wheel was badly smashed and the steering rod was twisted. AVitness called for assistance, and lifted Forsyth out bolero the motor-car caught fire. As he g e fc •. him F owyth said “I fm all right. He was placed on the ground on the opposite side of the road. After _ witness shifted his tramcar back Griffen was discovered. Inspector Ilichardson appeared and witness _ saw the assistant conductor hand a brief bag to the inspector. It contained th e remains of two broken square riggers.” The bag was saturated with beer. _The Magistrate: Hid you notice if the cork wms in the neck? AA itness; I did not see that. AVitness added that Forsyth’s breath smelt very strongly 0 f liquor. It was quite impossible for witness to avoid the motor-car. His brakes were in perfect working order. A motor-car under pioper control could have passed the ramcar quite easily at the spot-men-fl d ’ ife WaS reali - v “ore room on the left than on the right. The load fai 8 W<irC ° U thC north side of the Mr Upham: There was 10ft Tins. AA itness answered Mr Cuningnam I'"* i th °* I ! npacfc tho tramcar ii i u a l JOut two J Tar ds. It travelled about five yards after the application of the emergency brake. (Proceeding.)