FOURTH MANSLAUGHTER CHARGE.

Star (Christchurch), Issue 16585, 18 November 1921, Page 8

FOURTH MANSLAUGHTER CHARGE.

FRANK KEENAN'S DEATH. COLLISION ON RICCARTON ROAD. The fourth charge of manslaughter heard at the current criminal sessions came before the Supreme Court to-day. His Honor Mr Justice Adams presided. A common jury of twelvo was empanelled. Alfred Denton was charged that on June 7 last, at Christchurch, having in his control a horse and dray, he so negligently drove as to cause the death of Frank Keenan and committed the crime of manslaughter. The charge arose out of an accident on Riccarton Road on June 7, when accused’s dray collided with a motor-car containing Frank Keenan, who died subsequently. Mr C. S. Thomas appeared for accused. Mr A. T. Donnelly, Crown Prosecutor, conducted the Crown’s case. Mr Donnelly said that the case presented some extraordinary features. Keenan had been a chronic alcoholic for some yoars past, and his state of health was low due to this. Death was caused by the state of his health and the injuries ho received. Nevertheless, if death was wholly or partly due to the accident, accused would be liable under the charge preferred against him. Keenan was one of a mixed party of men and women who had gone to some hotels in the country and all liad been more or less under the influence of liquor except the driver, Niven. While the earful ot people was returning to town a horse and dray driven by accused came up the road. It was dark, and the horse and dray was travelling on the wrong side of the road. Accused had been drunk, and convicted by a Magistrate of drunkenness while in charge of the horse and cart. Keenan was in tho back sent of the taxi, on the outside. As the car swerved to avoid accused the shaft of accused’s cart struck Keenan’s arm, and he died ot the Christchurch Hospital subsequently. Death was partly due to injuries to Keenan’s chest catased by the accident. The fact that accused had been driving negligently did not necessarily convict him of the offence charged against him. It had to be proved that hia negligence caused the accident. I>r A. B. Pearson, pathologist at the Christchurch Hospital, gave evidence of having carried out a post mortem examination on Keenan. He Baid that there were skin abrasions of the left hand and wrist, considerable bruising of the left upper arm, particularly on the inner surface and extending on to the left chest wall. There was. an incision of the tissues of the left upper arm at about the middle. This had been stitched. The bone had been fractured. The second, fourth and fifth ribs on the left side had been fractured, and the lining membrane of the chest opposite tlie rib fractured had been torn. There was a considerable quantity of fluid blood the left chest cavity. There was a pneumonic condition* of the lower lobe of the left lung. Chronic bronchitis was present. The heart was enlarged and fatty. The stomach was dilated, and there was considerable chronic congestion of its lining membrane, with mucus adhering to the membrane. The membranes of the brain were adherent to the brain and congested. Death was due to shock due to the injuries described, and associated with chronic alcoholism. Mr Donnelly : Do you think tlie injuries by themselves would have caused the man’s death?—Not by themselves. Death was due to shock and alcoholism.—Yes. At tho time neither separately would have accounted for his death?—No. How long might an alcoholic like that have lived?—He might have lived for some years. Mr Thomas: If it was proved that the man was drinking three bottles of whisky a day and when in hospital went into delirium tremens and had to be held down by five nurses, doctors and porters, what would you say to that?—lt would materially prejudice his chances of recovery. Suppose the delirium tremens and what accompanied it had taken place without the accident do you think death could have been caused by delirium tremens?—l could not^say without having seen the man at tho time. Was such a thing possible?—People do die of delirium tremens. To Mr Donnelly: I think it unlikely bhat tho fractured ribs would be caused by tho struggles of tho patient in delirium tremens, but the tearing of the soft tissues around the fractures* might have been so caused. To his Honor : If deceased had been drinking excessively up to just prior to tho accident I think it very likely that shock would bring on an attack of delirium tremens. Dr G. ~H. Thompson, senior house surgeon at the Christchurch Hospital, said Keenan was slightly under the influence of liquor when admitted. He had the appearance - of an habitual drinker. Delirium tremens was nearly always preceded by injury. He did not think that the fracture of the ribs had been caused in hospital. If he had been in ordinary health would he have recovered from his injuries? —Yes. Arthur John Niven, a taxi proprietor of 10, Alfred Street, Christchurch, sa|d that on June 7 last he left town with Miss Kelly, Keenan, Jack, Miss Williams and Miss Herdman. At the Royal Hotel the party stopped. They also stopped at the Yaldhurst Hotel. As they wore coming home they were travelling on their left side of the road when they came upon a horsej and cart travelling on its wrong aide. Witness swerved tol the right to avPid it, but the left hand shaft of tlie dray struck the back; of the hood, and the stay guided the shaft on to Keenan’s arm. There were no lights on the cart. Mr Thomas : With your dimmers on how far could you see an object?— About 18ft. How far were you away from the cart when you saw it?—About twelve feet. Were you well over on your correct aide?—About a quarter cf the road from the fence. Thomas Anderson, son of the licensee of the Gladstone Hotel, said that Keenan was a boarder at the hotel. He joined Keenan in the party. Keenan was a heavy drinker at times. Witness remembered drawing a plan at tKS inquest which showed the cart on the tram rails and the motor-car just about jp the ditch on its correct side. Police Constable D. Hanafin, of Upper Riccarton, said ho went to the 6cene of the accident. Keenan came on to the road with his arm bandaged. He said he thought his shoulder was out. He (witness) considered Fenton drunk, and took him to the lock-up. Niven was sober, but excited. To Mr Thomas: He did not find broken material on Fenton’s wrong side of the road. He found broken glass actually in the ditch on Denton’s correct side; also broken harness and the lid of a milk can lying in tho grass by the ditch on Denton’s correct side. Accused was not what one worn Id call et paralytic drunk.” He said ho was not on his wrong side.

Accused’s deposition' at the incfde&t was read. In it .Denton said that ho was driving on his correct side when the accident occurred. He did not see the motor-car approach. He was not drunk, though he had had more liquor than he should have. The Crown’s case was closed. Mr Thomas said ho would rely for the defence upon the Crown’s case except for two witnesses, who would state the position of accused’s cart when the accident occurred. Leslie Rico, farmer, Avonhead, said that Denton was on the tram line in Yaldhurst Road, on his correct side, just- prior to the accident. He had no lights on his vehicle. Herbert George Fletcher, caretaker of tho Riccarton Church, said he was standing in his garden facing Yaldhurst Road when he saw Denton pass, on his correct side. He was jogging along, and seemed to- bo sitting quietly in the cart. Mr Thomas addressed the jury. (Proceeding.)