The River Bank Accident Case.

Wanganui Chronicle, Volume XXXXVII, Issue 12029, 5 September 1903, Page 7

The River Bank Accident Case.

The hearing of the charge against Malcolm Sydney Birchley, in connection with the recent accident on the River Bank, which resulted in serious injury to Miss Elizabeth Baker, was continued yesterday atfernoon.

Mr Cohen called

Malcolm Sydney Birchley, the defendant, who said he was a member of the Tenth Contingent, and had duly obtained his discharge. He had heard Mr Mclnnes's evidence. He did not drink spirits while in South Africa, and had taken none since. He was injured in the arm while in South Africa, and had been three months under medical care since returning. Since he had been back he had been assisting his father as a drover. On the morning of August 7 he came in from Turakina to Wanganui, bringing some cattle to Mr Michie. He came into town in the afternoon, and in the evening, in company with his brother," he went up to the Aramoho Hotel to see Duncan Mclnnes. Witness did not go into the hotel, but stood outside for about an hour and a half. He had three drinks. After leaving the hotel he walked with his brother (leading his horse) along the River Bank Road, and then mounted and proceeded on his way to No. 2 Line. It was a lovely moonlight night, and after walking the horse for a little distance he started to canter. The road was a bit sloppy, and there was a soft track close to the chains. He rode on that track, on the river side of the road. The horse he Avas riding was a horse with some blood in it, a little nervous, but a child could ride him. As he rode along the river bank he saw Jack Higgie standing by a butcher's shop, and pulled up and talked to him for a few minutes. After leaving Higgie, witness resumed his position on the proper side of the road, and went on at an ordinary canter. He had not gone more than about 50 yards when he saw a bicycle coming with a bright light. The bicyclist was on her proper side of the road, and witness was on the side near the river. When within eight or nine paces—about 12 yards—of each other the bicyclist suddenly swerved across the road towards vatness. Witness did not think she saw him, and did not know whether she pulled the wrong handle or lost her head- Had the cyclist continued on her right course from where he first saw her she would have passed him at a distance of 2? to 3 .yards off. He had full control of the horse. He did not think that any hcrse could be made to run into a bright light at night. As soon as the bike swerved the rider screamed. Witness felt the top of his foot strike what he thought was her shoulder. He saw her fall, and Iris horse took a bound away. The horse was frightened, and got away with witness for about 7 or 8 chains. He pulled the horse up and came back to the lady. _ There was no one on the footpath during the time his horse was bolting. When he went back he saw the lady sitting on the crown of the road, on the river side wheel-mark. She was sitting with her hand on her bike. Witness asked her if she was hurt, and she made no answer. Witness rode a. little further on and called out "Jack" (meaning Higgie), who would have heard him had he been within 100 yards at the time. Witness got no answer to his call, and then went back to the girl and again asked her if she was hurt. Witness spoke loudly. She did not say anything. She was sitting up on the road, her head was down, and her hand was on the bicycle. Witness did not think that she was hurt, as he did not think the horse had touched her. He thought that if anyone saw him they might have thought he had knocked her down otherwise than by accident. He thought that she did not want him to recognise her, and that that was why she was holding her head down and would not speak. Then he thought he had better ride away, as he thought she was not hurt and she did not want him to see who she was. He just cantered away. After he had gone a little way he met a woman, whom he did not recognise. He went to Mr.Michie's place^ on the No. 2 Line. He told Mrs Michie all about the accident. Next day he went on to Turakina, and he believed he told Mr Fred Young about the # accident. It was not till the following Saturday night, when he was some twelve miles on the other side of Palmerston, that he heard that the girl had been injured by the accident. His brother came out to meet him, to help him drive some sheep, and brought'out a newspaper clipping with him. As soon as he read it he decided to come on to Wanganui, and he would have come there and then if he could have caught a train. He would have come to tell the police that it was he who was wanted. He was arrested next day, when he reached Palmerston. He had no opportunity to communicate by telegraph or otherwise. He was arrested as soon, as he reached Palmerston. He had no idea that the police at Palmerston were looking for him, or that they knew he was the man connected with the accident.

By Sergeant Norwood: He had never had any liquor other than the port wine and lemonade outside the Aramoho Hotel on that night. He did not think the young woman was seriously hurt, when she was sitting on the side of the road. He would never have left hqr had he thought she had been hurt. By the Bench: He cantered about seven or eight chains after he collided with the young -woman. He went back to the young lady to see if there was anything wrong with her. She had had time in the interval to get up from the ground. He spoke to her, and when she did-not answer he thought she was not hurt and that she did not want him to know who she was. She just muttered something,* and held her head down, and he thought she did not want him to.see her. He, rode up the bank and called out for Jack Higgle, as he thought lie might have known her. He was going to get him (Higgie), and then he thought he wouldn't. As he was going back he spoke to the girl again, and she did not answer him. He then cantered away, believing that "she v

not hurt. She had not moved during this time. He felt perfectly sure that she was not hurt, and he did not think any moi'e about it until he saw the reference to the accident in the newspaper cutting. By Mr Cohen : He thought it was c-nlv his foot that had touched the girl, and he felt sure that his horse had not gone over her.

By the Bench: The bell on the bicycle was not rung. Witness was on his riVht side, and the erirl was on her right side, and when within eight or nine yards of him she pulled out and came straight for him. When well down the road, some little time after the accident, he met a man on horseback.

At this stage the witness Higgie. for

the prosecution, who was not in attendance on the previous clay, was called.

Jack Higgie, sworn, said he lived at Aramoho. He was at the corner of Glasgow Street and the River Bank between 8.30 and 9 o'clock on the evening of August 7. Dan O'Leary and Jim Clark were with him. He saw the accused cantering down from Aramoho towards town; he was riding close to the chains. Witness believed Birchley was standing up in his stirups, and the horse was going at an ordinary canter. Witness called out "Good night, Sid," and Birchley pulled up and came across to witness. There were no signs of liquor on Birchley. After a brief conversation Birchley turned his horse on to his proper side and cantered away. When witness last saw him he was crossing the road to the chain side. Witness knew the shop at the Argyle Street corner, which was, he should say, about 150 yards away from where they were talking. No one except Constable Campbell, Jim Clark, and Dan O'Leary had spoken to him about the case since he returned from Taranaki.

By Mr Cohen: He would swear positively that he.had seen nobody connected with the defence. He had never seen Sydney Birchley other than sober. There was no reason, so far as witness knew, why a horseman riding on his proper side where he saw Birhcley should cross on to the wrong side a little further down the road.

Continuing tl^e evidence for the defence, Mr Colieil called Helen Michie, wife of William Michie, of No. 2 Line, farmer, who said she had known Sydney Birchley for 2i years. He was at her house on the night of August 7, and told her about the accident. He said a lady on a bicycle had bumped against his knee, and that as she didn't fall over he didn't think she was hurt. He said he had gone back to ask her if she was hurt, but that she didn't speak very loudly and he couldn't catch what she said. She was quite sure he told her that a lady had come against him on her bicycle, that his horse had bolted, and that as she (the lady) did not fa]l over he did not think she was hurt. He said that when lie rode back the young lady was sitting on her knee with a hand on her bicycle. From what Birchley said about the accident witness did not think there was anything serious. She understood from what the accused said that he did not knock her off the bicycle, but that she had fallen off as a result of the collision. Frederick Ford Black, of Aramoho, said he lived at the same lodging-house as James Birchley, and saw Sydney Birchley -at tea at the house on the 7th. He had not seen Sydney Birchley before, and on that occasion he was perfectly sober. Joseph James. Birchley, drover, ot Palmerston North, said ho knew the horse his son Sydney was riding. It was a good-tempered animal. When Sydney came home—they were sitting at tea—he said "There ought to be some law to step girls from riding bikes at night time. "Witness said "What's up now?" and Sydney told him that after leaving Aramoho a lady ran into him with a bike. Witness said "Were you on "our right side?" and he said "Yes. He told witness the girl was also on her right side and when she came close to him the bike swreved and he called out "Look out!" that she either shrieked or said something, and that immediately afterwards the bike came right over to where he was. Witness asked it the o-irl was hurt, and he replied that he didn't think so, and gave him the same information as he had given in Court thai day. ■ , . After reviewing: the evidence, his Worship considered it was his duty to send the accused for trial. He added that it was not for him. to express an opinion on the evidence. Bail was allowed.