ANOTHER MANSLAUGHTER CHARGE.

Star (Christchurch), Issue 16583, 16 November 1921, Page 8

ANOTHER MANSLAUGHTER CHARGE.

DONALD SCOTT ON TRIAL DEATH OF JAMES NATHAN ABRAHAM. Charged with manslaughter. Donald Scott stood his trial before Mr Justice Adams and a common jury „of twelve at the Supreme Court to-day. The charge arose out of an accident on September 15, at the intersection of Armagh Street and Oxford Terrace, when James Nathan Abraham, an elderly man. was struck by a motorcar driven by Scott, and died from Mr O. T. J. Alpers, with him Mr C. S. Thomas, appeared for accused. Mr A. T. Donnelly. Crown Prosecutor, appeared for the Crown. Scott’s tfc the third charge of manslaughter heard in succession at the current session of the Supreme Court. Mr Donnelly said that accused was driving a motor-car down Victoria Street, pulled up on the Victoria Street bridge, and then drove on along Oxford Terrac-e to the intersection of Armagh Street and Oxford Terrace. His motorcar went practically over p white stone placed in the centre of Oxford Terrace to indicate the route for traffic. The deceased, Abraham, was riding a bicycle dowp a rise from the bridge, turned to his right to go along Oxford Terrace, mid was struck by the car. He fell on his head and sustained injuries from which he died- Accused was a motor salesman in the employ of Cooper and j Pryce. There was no suggestion that accused had had auv liquor. He must, however, have committed some breach of duty otherwise it was difficult to see how the accident could have occurred in broad daylight- An important element was the speed of the motor-car. Some witnesses would say that the car was travelling at as high P. rate as twenty-five miles an hour. It would seem that the ear was travelling at an unsafe speed having regard to the circumstances. The main contentions in the case would centre round thiy . M illiam Joseph W ilson, a. journalist, said that on September 15, nt about 11.30 a.m., he was on the bank of the Avon about 25ft north of the Armagh Street bridge. With him was a Mr Carmichael. He saw accused’s motorcar on Oxford Terrace. It -was travel- 1 !ing at a. fast speed. Tt was the speed tchich attracted his attention. In hie opinion it was about miles nn hour. The car was about half a chain from the Victoria Street bridge when he first noticed it. He had a clear view of it. When it passed the careers* office by the bridge he lost sight of it. Ffe did not hear any Bound of a horn. He heard a crash almost immediately after he lost sight of the car. He then saw the motorcar commencing to pull up. It was then south of the building line in Armagh Street- An ambulance van was coming alon<r Oxford Terrace at the time. G-oing to the scene of the accident he saw Abraham lying on Oxford Terrace a little south of the Armagh Street building line. Deceased’s bicycle was 3ft or 4ft north of him, and closer to the channelling. Accused had appeared to be accelerating his speed from Victoria Street. Air Thomas: Have you am' groat experience of motor-cars?—l have never driven a motor-car. I have ridden a motor-bicycle on about half a dozen occasions. Before the impact did the ear appear to be travelling on its correct side?— Yes. ou feel quite certain that it was going at 25 miles an hour?—So far as T can judge. It was going faster than I should have cared it to be if I was in front of it. How could the car pick up 25 miles an hour in under fifty yards? Have you ever be«n in a car that did that? —T don’t think so. ou say the car was increasing its speed while you saw it. How much did it increase?—l am afraid I cannot estimate the increase. But tin's man is being tried for manslaughter ! Surely you can give some estimate?—Veil, the speed got up t-o between 25 and 30 miles an hour. Do you think it was not the speed but the noise that the car was making that drew your attention?—lt was primarily the speed. * Did you sav at the inquest that possibly it was the noise?—Acs. Peter Carmichael, a bag-maker, of 165, Victoria Street, said he was with the previous witness on the bank of the Avon. He estimated the speed of Scott’s car at 20 miles an hour. He did not notice any alteration in the speed of the car while it was under his notice. If was travelling at about twice as fast as a cyclist would. Mr Alpers: How fast- do you think a cyclist travels?—About nine or ten miles an hour. Rather fast in town, isn’t it? Wouldn’t it ho about eight miles? Twice eight arc sixteen. How far did the ear go while you sav it?—About 100 yards. And you saw it half-way between the bridges ?—Yes. The whole distance is only about .100 yards. Do you know anything about driving cars?—No. f Do you think it likely that in about 1 00 yards Scott could have accelerated up to 20 miles an hour? Mr Donnelly : That really amounts to an instalment of my learned friend’s speech. This witness is not an expert in motor-cars. His Houor : I agree that witness canriot be expected to answer that. Did you see any parcel beyond that m deceased’s bicycle carrier ?—There was another parcel. Dr'A. B. Pearson, pathologist at the Christchurch Hospital, gave evidence regarding a post-mortem examination of deceased. He said that death followed from hemorrhage and laceration ol the brain substance. John Byfield, 24, Albert Street. Linwnod. an art welder, said that he was standing at the head of the carriers’ » rank in Armagh Street w hen ho saw accused's car approaching. It was going “ well over fifteen miles an hour.” He thought that the car would strike something before it passed the intersection. Ho saw a cyclist (Abraham) coining off the bridge. The cyclist turn- | od to his rigid; to go into Oxford Terj raoe » evidently to get on to his correct rirlo of Oxford Terrace. When the ! motorist saw the, cyclist ho sounded bis horn, struck the cyclist at the same time, and veered toward the river. The car did not go over the cyclist. The cyclist was travelling nt from four to five miles an hour. The motor-car went fourteen to fifteen yards after striking him. Tf the driver of the car had seen the cyclist quickly enough ho could have turned along Armagh Street to avoid him. Air Alpers : The horn on accused’s car was an ordinary one?—Yes. So if other witnesses say it was a most unusual ono you will disagree? Certainly. James Bennett Wal ts, of 40. Sea view Road. New Brighton, a carrier, aid that he was on his stand when Scott’s motor-car approached. Tt was travelling at about fourteen miles an hour past the carriers’ office. The cyclist was riding at not less than eight miles an hour. He was on his wrong side of the rq&i.

the road. The motor struck the roar wheel of the bicycle, and the cyclist’s head seemed to hit on one of the car lilii\>s. Tlie car travelled seven to eight yards after the collision. Air Thomas: From the time you saw Scott travelling fourteen miles an hour until tho accident how was his speed leading?-—He was decreasing it What did the speed get down to?—I couldn’t say. Where was deceased going when he was struck ?—-ll© was going towards Armagh Street. Hiyne Douglas Christie, manager of the Southern Motor and Trading Coy. Christchurch, said lie was speaking to accused about sixteen yards on thenorth. side of Victoria Street bridge in \it tori a Street bteforo the accident. He wan then stationary. Mr Thomas: Did you watch Scott off? -Yes. He said he had a. deeping Did ho drive off in an ordinary quiet way ? -So far as 1 could see. When went off in Victoria Sreet ho was in his second gear. It would be giving away trade secrets to say that tho inside was gone?— It was mechanically imperfect. How fast would the second gear enable him to travel? -Not more than twelve miles',Bn hour, I should say. Do you think it possible for a man to gain a. speed of twenty-five miles an hour in that car between where you were and the scene of the accident?— Not impossible, but improbable. He would hare fco specially exert himself to do so? —Yes. Has the car been sold?—I believe it has. Air Donnelly : The purchaser has been sold I Sarah Ann Rebecca Abraham, widow of deceased, said that lie- was in excellent health prior to the accident. He was forty-six years of age. Air Alpers: Did your husband wear spectacles ?—Yes. He bad short sight?—No, the sight was good. I think be used to wear just the ordinary glasses. Do you know whether be was long or short, sighted?—T am son;y I cannot say. Police Constable Thomas J. Kearney gave evidence of an inspection of the scene of the accident. Accused’s statement, at deceased's inquest was read. Herbert Macintosh, City Council motor inspector, produced a plan of the scene of the accident. He said that the hand brake of the car would hold when held on. The foot brake was in good order- The limit speed at the corner according to the council by-laws was eight miles an hour. Assuming that the car started a. chain north of the Victoria vStreet bridge it could attain a speed of thirty miles an hour by the time it reached the Armagh Street bridge. Air Thomas: How fast would you expect a car that took seven to eight yards to pull up to have been travelling?—From twelve to fifteen miles an hour. To hig Honor : If everything possible wag done promptly to check the car it could be stopped in two lengths. Are you able to sav whether this particular car could have picked up thirty miles an hour as alleged?—l presume that if the car was being sold it was in good condition and able to do what 1 say. However, it would depend on the mechanical efficiency of the car. Air Alpers addressed the jury, which retired at 3.2 p.gp