THE RIVER BANK ACCIDENT.

Wanganui Herald, Volume XXXVII, Issue 11043, 4 September 1903, Page 6

THE RIVER BANK ACCIDENT.

Jase Before the Local Court. The hearing of the evidence in the case n which Sydney Birchley was charged wit i :ausin" actual bodily harm to Elizabeth Baker was continued after we went to press /esterdav. Misa Baker's evidence .was taken it the Hospital. ' ' Elizabeth Baier deposed that she- was a :ook at the Red Lion Hotel. On the eyenng in question witness left the hotel at 7.30 on her bicycle, and rode to the Comnercial Hotel, where she was ]omed by a Mend. Had .a .lighten 111^ - X J Street and then rode an to the ■ River Bank at afeof? 8.30 She 'rode on the bicycle «rack, • wiiich is : lose to the f o^Rativ «>ftr %,W f! d f P -he road going,. Id Arajnoko. =Slie,i got; along >xll right until she came to a .street "(Argyle), when she saw a man on ajhoree •comin^'towairffa'her^qn- thfe side 6f the Voad' ffil 1 was on. He -cdme -on very close ! t6 wittfess-, Jftid 1 -site' tiifried' tpwards the .niddic"of J the'road. Tug hor&ejfoan 'it 'the futtfr/antl there'' was p cql''isioiiH fir •wfifth ' fSa'' kiiocked -J<*wm. "rf Witness called out to "tlieitv?m to' jtop, biit he did not come' bacTc, bu'fc witiess heard him call out "Jack." . To th> Court.-^-Remqntbered calling out 'o the horseman to story. Remembered Learly evorytliing pretty well> and thought •he was conscious all the time. The first oerson who came to her was a younglady, •.nd witness was assisted into her sister's 'louse. Was sure the lamp was-' burning at the time of the collision.. The horseman would b 6 ' ab«ut only 10 or 12 f <?et from her when she turned to go out of the way v Saw him riding ' off, but' never saw him ifterwards. > ' Cross=cxaminech by Mr 'Cohen. — It was a .bright .moonlight ni«?ht. Was following ":he bicycle track. There was a break in ■•he track near the spot. Did not think it vas Very muddy. Saw the horseman first vrhen .ke was about , oppose. O'Brien's shop/jm^ the sarnie ♦ side ©f tli£. road. Was quite : "gUre h.6 would have '4Sdden right >ver J#ss had' sho,not ftulled p-tft. He was 3omin|s&bwards b^rjpvet^y 4 4^| c^> catfiterng. .S^Ti^irfrneoU^feißerit'YlJe was comng straight towardsf'her. Was quite sure she was on the track on the left side of :he. road. Did not remember anyone somihtf. .to her/ before the fody. Did not think she was dazed. The horseman rode twav ffery quickly, a-nd thought he Jiad-gone away to get help. To. .'tho. Court. — Coulij >not remember vhere^the bicycle was 1 after the' accident. Believed it ,was on th« river side. Tried bo get?'-?u.p, - but could not. Thought she ■had b&M' a long time on the ground be- • ? 'ore ; aiiyone- ,oame . to h-^r assistance, . at least it seemed a iong time. Was quite 3ure ehe was on the proper side of the ,*oad for a cyclist when the horseman was \ppron'ching, and, was equally certain the horseman was on- the same side. It was bhe fear of a collision thnt caused her to move to- the middle of the roa.d. Hrd been riding a bicycle for four years, ant! had a good nerve Had never had a- Eeri>us accident before. Was a careful ridor. This concluded the evidence at the Hospital, and on resuming at the Courtliouea| bhe bicycle" and lamp were produced. One wheel of the former was out of plumb and the 'handle was an bit best. Having closed the case' for the prosecution, ,' . , .. r Mr Cohen submitted that tinder the section in- which the information-^^as laid it was 'necessary; to prove that defendant wasr* so reckless 'tlntt his action must be t?icen as having intent. The Magistrate pointed out that the case was prodded for under the Police Offences Act, and that if a ■p.tfrso'n was on the wron* side of the road he might' bo indicted for a breach of the law. , Mr Cohen said that so far as the evi-. dence had -gone, the only testimony was that of Miss Bq&er. as to the side 'of >the road. He proposed proving that defendant was a most cober, respectable young man, a good horseman, and that he was on the right side of the road. Counsel pointed to the girl's admission as to pullinr. off iu'st wrior to tho accident, and said that his client was prepared to swear that he came back tft the "irl, pnoke to her, and •vskerl her if he could assist. He (defendant) thonorht that she did not want 'h elidentity known, and that was the reaso'\ she did not answer. Defendant had told some people about it that night, and* informed his people at home. The first intimation -he ,had of the injuries was the slip oi" paper sent by his brother. Since then he had concealed nothing, aad was sincerely sorry for what had happened. Mr Cohen submitted ' that' the eirl, on the horseman approaching her, thought he was much closer than he was. It waa very curious that she pulled- off to the right, he thought there, was no reason why ohe should not have pulled off to" the other side: He submitted that the' girl might have ruddenl- lost her- head, and ra.n right into the horseman before he could prevent- it. • The Magistrate considered that defendant ought to have, at" least stood by to see how th« oritl got on-. Mr Cohen a-ked his Worship to note that if Miss Baker had contributed to the acci^Vit defendaiut was liot liable 'under the section in which the information was laid.^He considered that- the, •: witness (Miss Green) must have saea what had happened had she been where she' thought she was. He (Mr Cohen)' contended, that defendant would not have totfr-afliyoiite'ahotit. the a«.cident had he *done anything for which lie was liable, but would have kept quiet, and prbbablv wouljl not have 'been, found out. Defendant- believed that when Mies Baker pulled opt towards him Iris /knee ' struck her and her down. TTi v c "Court" here' aidjburned uhtit 2 o'clock to-day, when' the evidence 'for the defence was taken. •-