NEGLICENT AND RECKLESS.

Star (Christchurch), Issue 16530, 14 September 1921, Page 2

NEGLICENT AND RECKLESS.

- — * CHARGE OF MANSLAUGHTER. INQUEST ON ROBERT BINXIE. The adjourned. inquest touching the death of Robert Binnie, farm labourer. Balcairn, who died at Raugiora on June 30 from a fractured sjrull sustained in a collision on the AshleySjefton Road on the evening of June 23 between a horse and gig driven by Robert Hanna, farmer, Bale aim, and motor-cycle in which AN a-lter Green and Frederick H. James '/ m 3 ruling, kvaa resumed by Air Wyvern Wilson, Coroner, at the Ratigiora Courthouse cesterdav. Sergeant Cassidy represented the ' police, Mr H.. C. D. van Asch t ppeared for Robert Hanna, and Air K. G. Archer appeared for Walter lyreeTi. Fannv Mqria Wilson, wife of Albert Edward Wilson, Amberley, stated that i»n the evening of June ‘-o she and icr husband were driving home in their •;r from Rangiora, where they bad neen attending the races. When they arrived at the scene of the collision they saw- there had been an accident ind pulled up Air Robert Hanna' ?»rae to the aide of the car and said, ‘ls this Busch's car?” \\ itnea-j replied •• No, it is AVilson’s.” He then said, You are Miss Busch, " and she replied, ‘' f was, but am now Airs V\ ii- .” ‘Witness then asked what was he matter. Air Hanna replied, ' ‘There nas been an accident. \A e ran into a rpotovroyvie. it was my fault. 'A e aa-d no lights.” Y\ itness said, If there is anyone hurt mo Will take them back to Rangiora. AVliut, is that m die road in frontP ?5 Hanna said. * That is Binnie. He war- with me, rmd was thrown out of the gig, and my horse has run away. ! Witness got 3ut of the car, and Green came up and showed her an injury to his toot ijpd [eg. She then went forward to where Binnie was. She saw at oq.ee. that he was unconscious.. \\ itness said. “‘This man is the worst: he is unconscious.’ Henna said. ** Ho will bo all right. We have been to the rapes and had a Imp too much. I will take him home mid get the doctor in the morning if be is no better.” Witness sold, " You ?j?.n’t do that- The man is unconscious ind must go to the doctor. Can’t you see that?' 5 Hanna did not say anything more. AYiiuesi thought he went back to, t lie car. She did not think that she had further conversation with Hanna. She was more concerned about BmnioA condition. After some eon=ideni X ion ibunk. Green and Jarnes j were onyeyed in the car to Ra ngiora. ! Just 1 ; lore the car left. Hanna came up. Ho had his hat off, and said, • I’ve g a b t ( f 1 scratch on my lie.id. -'u I'm all right, aren’t 1?" He agreed lo unit on the road until their return. did not form any opinion then ns to Hanna’s sobriety. Ho wa>; very excited. To Afr vi'.u Asch: She understood Hl;nna to sax . We’ve boon to the r/icos ;*uA had. a drop too much,” not “He has been to the races (meaning Binnie) and had a drop too much.” To AG* Archer; As far as site could .judge. Green wav quite sober. Mr van Asch, on behalf of Robert liar.nn. called Herbert Macintosh, motor and traffic inspector, Chri•tchur-ch, wlio stated that pill in e riding had a detriment.;?! effect on the control of a motor-bicycle. Orci'narilv 't required an effort on tiie rider s pari to keep the machine balanced. W'th the extra weight on the carrier at the rear, when called in an emergency to avoid 100 e gravel or dodge trr.ffiv. the rider had not the same control a*, he would have without the passenger. The speed of deviation of a machine was impeded with u passenger on the Uick. AH over the world local bodies forbade pillion ridmg, owing to its danger. In Christchurch a 'passenger as allowed on the rear of “a motor-cycle if there was a loot-rest. Tin-i was only permitted when there was a side-chair with a passenger in it. Ife was of opinion that a passenger riding on the back of a motor-cycle behind the driver prejudicial 1;. affected the control o) the machine. That v.ns borne, out by the great number, of accident*. Ho had not seen the seen a of this accident. If :<. motojr-bie vele wr,s going from fifteen to twenty miles an hour, even lv.t-h a man on the pillion, the driver should be able to alter its course two yards in a distance of from fifteen to twenty yards. Michael O’Connor, farmer, Balcairn, stated that he was a.f the Rangiora races on June 2d. Witness saw Robert Hanna'at, the races towards the latter end or the day, at the time ox the lr. ra oe He was perfectly sober. Aiineea knew Hanna's horse. ' It had a sort of hop and cantor gait, that was, a IR&ed gait-. Its pane was uo faster than a trot. Witness had a couple of drinks at the races and went home oir the train at a-cut six o'clock. He could not remember the time of the hist race. He had tea in Rangiora and caught the train. John Fitzpatrick, county clerk, Balcairn. stated that ho had known Air Hanna fqr over thirty years, and his norae fov seven years- II o could confirm wbot the previous witness said about the gait of the horse. Hanna was a temperate man. Witness had never seen him under the influence of nr ink. Tic saw him almost ever v day. Herbert Ralph Kempt home, orchardlst > Bob urn, staled lie saw Mr Hanna a*, he Ashley Hotel on the evening of , j ‘ ,no -'A- he saw Hanna go away trom -•iQ hotel, and as tar as lie could judgo he was perfectly sober. He left the hotel any time between ten and seven mmutes to six o’clock. Someone else whom lie did not know wont away with J Hanna, '{'hero v.ore two or three people '.i the iro-jul -ot ill© hotel when Hanna icfi. He saw Han na’w cmnpanion got j juro t he gig. He wa*. drunk, but not helplessly so. Afr Ureig (licensee) was -•.Raiding on the doorstep watching Hanna leave. K chert All Her. Ashley Bard;, lahourseated ;hat he \va s at the Ashley Iloic' nil the evening of June ’23. He Robert Karra there, and that lie bad one drink- Witness spoke to him. and ho nas peru'.s.iv sober. Tt was above live cr ten minutes to six o’clock when ho loft uhe hotel. Witness saw Hanna and Bin pic leave. Binnie had had some drink and was a bit merry. He was not strong men tally and a few I drinks upset him. James M’Nally, rai Iway employee, Ashley Bank, stated that he ca .• Robert Hanna at the Ashley Hotel on tho evening of Juno 20, and saw him leave. He was perfectly sober. Alfred Sutherland, farm labourer, Balcuirn, stated that he saw Robert Hanna at the Ashley Hot- I on June 2d, aml spoke to him. He saw him leave, and he was absolutely sober. Witness i'. as speaking to Hanna at twelve minutes to six o’clock, and ho left a few minute:! afterwards. Witness left live minute:, after Hanna, and when h<? «•' tri\ .1 :: L the v. _ cf the accident he eaw Binnie I, mg ou tlie R fi-haud side Ihv roc 1. Yl ifv»r-*s. wan ibero before the Wilton* an '-c l. He did m l hear Mf-mu I'.Uil'-’ a.T'.y I'cimmk-s about 1,.;| iI'C Cft'l-G of Um h-f-idcut. He v-ax r ' It!:.- cx;i:.ed, ami blood vm- f ‘.quuiig <’u- • v thy i -<■ of Id: hmi.l, Wi».»Mv 7 § v.i,-: '"<• t’m Wilsojw left villi Bin. ai:d Gu ethers for Rangiora. Hanna u a t l.: 1 Ml: M'iiwni’ retuvn

Ho knew ihe hor«e and could corroborate the statements, of other witnesses ns to its peculiar gait. Witness had a drink with Robert Binnie at the Ashley Hotel. He could not say what Binnie lmd to drink. He was merry. Witness did not got out of his gig. Binnie brought the drink, a shaudy, out to him. AVilliam Joseph Afarsden, motor garage proprietor. Waibari, stated that lie did not know Air Robert Hanna before June 25. On the evening of that date he was driving in his car to Waikai i, aqd saw Mr Hanna on the roadside. He asked for a lift, and witness took him to his gate at Balcairn. LIo seemed a bit oxcitod, but was perfectly sober- He said lie had had an accident with a motor, and was waiting lor someone to take him home. Frederick Kepp-ler. baker. AVaikari. stated that lio wag with tlie last- •witness in his car on the evening of June 2-5. He agreed 'with him. as to Mr Hanna being in a sober condition. H. C. D. van Asch.- solicitor, Rangiora, stated that he measured the distance from the Ashley Hotel to the scene of the accident. TL- was one and three-tenths mile. Ho* also measured the distance from the culvert to tho Scftoii Hotel, uud it- was hvo miles and a half exact!v. The distance from Johnston’s corner. RangJura to tbo Ashley Hotel vas three miles, and from Johnston’s rpruer to the racecourse about a mile and a half to two miles. This concluded the evidence. Tho Coroner, alter commenting on the main facts of the evidence, returned the following verdict :- ” That Robert Binnie died on June 30. 1921, the cause of death being a fractured skull arising from a fall from a gig on June 20, driven by Bo bo r t He qua, an d the said fall was caused bv the negligence and reckless manner in which Robert Hanna was driving. Air Wilson remarked to- Air van Avk that he did not wish it- to he inferred from his verdict that he believed ITanna to have been drunk at the time of the. accident. The Uquor be had taken, however, had made; him more careless in his driving than he otherwise would have beenCH AEG E OF AIANSLA VG 3I TER Immediately after the dose' of tho inquest, Robert Hanna was charged before Air C. I. Jennings, J.R. with liaving, through careless and reckless driving, caused tho death of Robert Binnie, thereby committing manslaughter. Air van Arch appeared for accusedSergeant Cassidy, on behalf of the police, applied for a Fernand until Tuesday next, which was granted. Rail was allowed accused in £ 100 and two sureties oi’ £IOO each.