ALLEGED MANSLAUGHTER

Waikato Times, Volume 89, Issue 13895, 22 October 1918, Page 4

ALLEGED MANSLAUGHTER

KIODLE BEFORE THE COURT.

Arisiurr cut of the recent motor accident in Victoria street, Hamilton, as a result of which Adam Fort died in the Waikato Hospital from injuries received, Martin Kiddle, aged 28, the driver oi tile car, was charged at the Police Court this morning, before Mr Raw son, S.M., with manslaughter. Senior-Sergeant Cassells appeared for the police, end Mr C. L. MacDiarmid for accused.

Philip Norman, Government surveyor, Hamilton, gave evidence that he had made a plan (produced) of the intersection of Victoria and Collingwood streets. He explained distances in connection with point of collision, where deceased was lying, width of road. etc. The distance from the point of collision to the place where the deceased was lying was IS feet. In reply to Mr MacDiarmid, witness stated that the points were fixed from information supplied to him liy the police. Harry Fort, master tailor, Hamilton, gave evidence that he was a brother of dec eased, Adam Fort, who was a single man, 50 years of age. and enjoyed fairly good health. On September 24 he picked up his brother, after the accident, under the Commercial Hotel verandah, and took him to the Hospital. On September 25 he saw the dead l>odv of his brother at the Hospital morgue.

By Mr MacDiarmid: His brother d'd not have weak eyesight, hut wore glasses for reading and fine work. He had ".rood street evosight. as far as witness knew. Kitty ('inn. <<'lo'-ra;'h otierator, Hamilton, said she knew the deceased, having hoarded at. the same house. She was in iiis rompan\ at 1.5(1 p.m. on September 24, walking up Collingwood street with him as far as the Cosy Corner. Here they stood talking together for three or four minutes, and then they parted. She went towards the Post Office, and deceased in the direction of the Commercial Hotel. He was per. fectly sober and apparently in good health. She did not see him alive again.

By Mr MaeDiarmid: They had both just come from lunch and were chatting together as they camp along the street. He was in good spirits. She could not say if lie turned-round towards her as he lifted his hat and said good-bye, but he may have done so. The last thiriir he said was something about his Work. She was the first to move. Sht» had hoarded at the house for 17 months. and Fort had been there all the time. His eyes'Vht appeared to lie perfectly 2ond. Witness did not see Kiddle's car, pot did she notice any car approaching. William Townscnd, farmer, Eureka, said that on September 24 he was crossing the road from the Times Office to the Cosy Corner. He noticed a motorcar coming up Collingwood street. It would lx> alxmt 10 yards from the crossing when he saw it first, and was travelling fairly steady, at about five or six miles an hour. He did not hear a horn blown. When the car arrived at the crossing it had not slackened down verv mwh. He s:,w a man on the crossing, whom ho did not then know, stepping back towards the Cosey Corner. Winn six or -.even feet from the telegraph post. The car was then very dose to the man. and came right on to him and struck him. The man endeavoured to push the car off. The car knocked the man down and dragged him along for a distance of 15 or l(i feet. Witness went up to the car and recognised the nan as Adam Fort, who was lying on his hark, injured, half way under the car. He did not know the owner of the ear. The car was travelling at about

five miles an hour when be collided with the deceased, but then slowed down to ahoui three miles. There were not many neopl - on the crossing. Hy .Mr MaeDiarmid: The speed of the car was not a dangerous one. He had known deceased fairly intimately for some time, and thought his eyesight was all right. By the Magistrate: He saw deceased stepping hack, apparently with the ob-

jcct of avoiding the car. When he saw the car first it was coming straight up the street, and it appeared to him that when the man stepped hack the car turned in. also with the object of avoiding a collision. Evidently hoth the deceased and the driver of the car thought the other was going on, and endeavoured to avoid a collision.

Frederick Wilson, postal messenger, Frankton, gave evidence that he knew Adam Fort, and saw him talking to a lady on the afternoon of the accident, and saw him leave and proceed along the street. Deveasd was about 15 or 20 feet ahead of witness. Witness turned round and then, turning hack, saw a motor-car approaching up Col. hngwood street. Tt was four feet from deceased. Accused was driving the car, which was travelling at the rate of eight to 1(1 miles an hour. He did not ho?r a horn blown. Deceased looked towards the car, which was then almost upon him. He did not attempt to step backward or forward. The car collided with him al>out 12 feet, out from the telegraph post. After Fort was knocked down he was pushed about 12 feet and dragged about eight feet. Witness tried to (Hill Fort from under the car. When the ear rounded the corner : t wns about 12 feet out from the telegrnnh pest at the Cosev Corner. After the accident he saw the constable taking a certain measurement on the roxi. When the driver of the car approached the crossing he was to the right of the centre line of the road. He wa.i travelling at the rate of eight to 10 miles an hour when he struck the deceased, hut then slackened down. Witness went un to the driver and 'jiid. "You're in for it this time." The driver, who was in a frightened condition and much upset, did not reply. The cross, inic was a hsuy one, and there was the ordinary crowd about. When he san' the deceased after the accident lie looked as though he had not long to live, and had a hole in his head. By Mr MacDiarniid: When he said the "ordinary crowd" he meant there were 15 or 20 people on the corner. There were only two or throe people actually on the crossing When Fort was on the crossing, and before he was struck, he was looking town ids the railway station. The :-ar was then four feet away, and Fort was right in front of its middle line. He trot the figures quoted by him from an estimate. The accident happened suddenly, hut lie thought his CStimat" of 12 feet was correct. My the Sfngistrate: Deceased may have bestiated while witness first looked awav.

James J. Brnntor. chauffeur. Krankton Junction, stated that he was standing at the Cosc\ Corner on the day of the accident. He saw a car coniim'.up follingwood street, about '2(l feet from the crossing. He knew Adam Fort by sight, and saw him leave the Cosev Corner and go in the direction of the Commercial Hotel. A horn was Mowi. by the motor-car. Fort stiarted to walk a loss the crossing, and when he got out 12 or 14 leet lie appeared to be coming in contact with the car and stepped hack. The car changed its course towards Fort to avoid colliding with another man on the other -id;* It was travelling at the rate of about six miles an hour. Witness did not see thi actual collision, owing to th-> telegraph po«t stopping his view, hut when thev aum'n canie into view deceased had both hand- on the radiator of the car. wlTi h was still travelling. He was ii, this position for about 12 feet, and then he lost his hold on the radiator and fell on the road. The car seemed to go half a length over him, and then nilled no. Accused was the driver < !' the car. Witness saw de-

ceased carried 14 feci l>y the car. When the driver came to the crossing he went over to the right side of the road. Tha crossing was a fairlv busv one on certain days. By Mr MacDiarmid: When he first saw the car it was on the left-hand side of the middle line. H- thought tb© driver turned to the right to avoid I another man. Wheu lie said that "dc- ' ceased appeared to lx» coming in corlati with tin car," he meant that demised evidently realised his danger. Some dodging took place, and the driver and the deceased were evidently trying to avoid each other. The Court adjourned at this stage until 2 p.m. ====== 1