MANSLAUGHTER CHARGE.

Star (Christchurch), Issue 16583, 16 November 1921, Page 5

MANSLAUGHTER CHARGE.

R, HANNA ACQUITTBI*. The caste In wMoh Robert Haima wa-s charged with manslaughter was continued at the Supremo Court yesterday afternoon, before Mr Justice Adauan and a common jury of twelve. Mr M. J. Gresson, with him Mr U. C. D. van Asch, appeared for accused. Mr A. T. Donnelly, Crown Prosecutor, conducted the case for the Crown. The charge against Hanna was worded as follows:—That on June 25, on. the Asbley-Sefton Road, North Canterbnry, being in charge of a horse and gig, he so negligently drove as to cause the denth of Robert Binnie, thereby committing the crime of manslaughter. William George Grigg, licensee of the Ashley Hotel, said that Binnie and accused called at his hotel at between twenty minutes and half-past five on the day of the accident. There were no Tights on the gig. Binnie appeared to be “ getting a hit merry ‘coming home from the races.” Hanna seemed perfectly sober. He bad two gins and Binnie had two hocks and sodas. Binnie did not seem anxious to leave, so witness told him not to delay Hanna. Hanna’s horse was one of the sort ** that trot- with the front legs and canter with the bind ones.” Mr Gresson : The effect of that would be to give him the appearance of cantering. though not going at great Speed ?—Yes. Mr Donnelly : One half of him would be cantering. Constable John Robertson, stationed at Rangiora, produced a plan of the spot where the accident occurred. The evidence given by accused at the inquest on Binnie was read in Court. In it Hanna stated lie had been at the BrackenfieUl Hunt Club’s Rangiora meeting. He had no lights ou bis gig when the accident occurredHe made no admission of fault in connection with the accident. He had had two drinks on the course and tiro gins at the Ashley Hotel. Binnie also had drinks. The horse he was driving was seventeen years old. It hopped and cantered. The motor-bicycle cam© upon him suddenly, and the collision occurred before he could pull off the road. He was perfectly sober at the time of the accident. If the motor-bicycle bad been as much on the left side of the road as accused was it would have passed without collision. The case for the Crown was closed. Mr Gresson said he would take the somewhat unusual course of asking his, Honor whether there was any case to answer. The charge against Hanna was one of manslaughter, based on negligence. It was laid down by authorities that negligence must be the proximate and efficient cause of death. For a charge of manslaughter to be laid death must have been the direct and immediate cause of negligence. The man riding the motor-bicycle admitted seeing the approaching gig twenty-five yards away, so the absence of lights on the gig could not have been the cause of the accident. The man Green had been admittedly on the wrong side of the road. His Honor said he did not feel justified hi granting the application. Mr van Asch, opening the case for the defence, said it would bo conclusively proved that Hanna was sober at trio time of the accident. It would also b.' shown that lie was on his correct side of the road. Herbert Ralph Kerapthome, an orchardist, said that when Hanna left the Ashley Hotel at *about (i p.in. lie was sober. James M’Nally, a, railway employee at Ashley, gave similar evidence. David Binnie, grocer’# assistant, Sefton, said he found a patch of oil on the left-hand side of the Ashley Road going to Sefton, and some chaff in the ditch on the same side. This ho found on the morning after the accident. There was the skid of a motor-bicycle where the oil was. Tho skid was on the left-hand side of the crown of the road going from Ashley to Sefton. Herbert George Orchard, of Sefton, a baker's assistant, gave corroborative evidence. Alfred Sutherland, a farm labourer at Balcairn, said that Hanna was sober when at the Ashley Hotel. Mr Gresson: You were following in a gig?-Yes. You bad no lights on it?—No. Lights are not much used up there, are they ?—No. Mr Gresson, addressing the jury, said it was as clear as daylight that negligence on the part of Hanna was not the cause of Binnie’s death. The Crown case had broken down utterly on the allegation that Hanna was under the influence of liquor. The theory of the galloping horse had broken down when the nature of Hanna's animal was made known. Green had admitted travelling on the wrong side of the road, saying that the other side was shingled. Another witness had said that the other side of the road was not all shingled. The collision had actually occurred on accused’s correct side of the road ; yet the Crown brought a charge against him of manslaughter. Alice in Wonderland could not have done bettor. He had particularly asked witnesses the time that Hanna left the Ashlov Hotel, and there had been unanimity in tho answers. They showed that the gig had travelled a mile and a half and the motor-bicycle 2.-5 miles, yet tho motor-bicycl© had started fifteen minutes later. Who was breaking the speed limit that night? That explained the suddenness with which the machine flashed up before the gig Let tho jury consider what contr.il Green had over his machine coming down an incline with a thirteen-stone man on the back. He could not swerve off quickly. So far as the absence of lights on Hanna’s gig was concerned, Green had admitted seeing the approaching object twenty-five yards away. He had plenty of time to turn off. What more notice of Hanna’s presence did he need? Tho Crown had shown that if any man killed Binnie by negligence it was not Hanna. Mr Donnelly said there was not a scrap of evidence to justify the extravagant description of the speed of the motor-cycle just prior to the accident. His Honor summed up, and the jury, after a retirement of nine minutes, returned a verdict of not guilty, and tho prisoner was discharged-