MANSLAUGHTER CHARGE

Wairarapa Daily Times, 1 May 1937, Page 3

MANSLAUGHTER CHARGE

ECHO OF TEAM TRAGEDY. DUNEDIN, Friday. A manslaughter charge -was preferred to-day against Alfred Chapman, aged 33, driver of the tramcar that left the Opoho line and crashed into a vacant .section early in the morning of April 15 inflicting fatal injuries on John Kenny. The charge was that. Chapman, by omission, without lawful excuse, to perform or observe his legal duty, caused the death of Kenny thereby committing manslaughter. The depositions of witness at the inquest were read over to them in criminal proceedings. Counsel for the accused contended that the prosecution must prove definitely, firstly, that there was a legal duty to be performed by the accused, and, secondly, that he omitted to carry out that duty. The summons did not disclose the omission alleged; in point of fact, Chapman was doing everything in his power to prevent the tram running away. The evidence.showed that he applied the magnetic and hand brakes, and that they did not work, and that he was in pro-, cess of effecting movements necessary for the application of a third (emep gency) brake when the car went off the rails. The Magistrate, Mr. Bartholomew, said that the information as it stood was somewhat indefinite, but in substance it was a charge of manslaughter. It could be amended to be made clearer with the interpolation of "being a motorman in charge of an electric tramcar" at the beginning. He was of opinion that a prima facie case had been made out.

The accused was committed for trial. Ho was allowed bail in his own recognisance of £SO. —(P.A.)