ALLEGED MANSLAUGHTER

Waikato Times, Volume 89, Issue 13896, 23 October 1918, Page 4

ALLEGED MANSLAUGHTER

KIOOLE BEFORE THE COURT. Arising out 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 of the car, was charged at the Police Court yesterday l>efore Mr Kawso", S.M., with manslaughter. On the Court resuming yesterday afternoon, the following evidence was taken:—

Thomas J. Styles, motor 'bus driver, Frankton, said he was standing at the Cosy Comer on September 24th, and saw Adam Fort talking to a lady. He saw a motor car coming up Collingwooil street, it being about 40 or 50 ya'rds from the crossing, travelling &4j the rate of six or eight miles an houi. " He heard the horn sounded. He saw Fort leave the lady and walk towards the Commercial Hotel. The next thing he saw was the car taking a sudden swerve to the right. Then he saw the deceased under the car, which had turned into Victoria street. After the car stopped, he went up and spoke to the driver, offering his name as a witness if required. The car, in swerving to the Cosy Corner to avoid another man, went over the centre line of the road. There were four or five people going over the crossing at the time.

Henry L. Hartog, motor salesman and motor demonstrator-expert, stated that he had had 23 years' experience of motor cars. He knew the Vic-toria-Collingwood streets crossing and on October 18, in company with Mr Moss, Ford expert, he made an experiment there. They had a similar model to the car driven by Kiddle, and. approached from Collingwood street, one test driving approximately 12 miles an hour, both sitting in the car. Moss pulled the car up in five feet—half its own length—by jambing down the emergency brake. The car skidded badly. A second experiment gave similar results. In a third experiment witness got out of the car. Moss steered the same course, witness walking from one side to the other, and stopping within three or four feet of the car as it was approaching. Moss stopped the car in practically the same distance as in the previous experiments, and it did not touch witness. It was difficult to go round the corner at less than six or seven miles an hour on high gear with a car of that type; at less power the engine would stop. If it took the driver of a car 18 feet to pull up, it must be travelling at a considerable speed. ;f the emergency clutch was down. The conditions were not the same in connection with the accident and the experiments, as he and Moss were, of course, prepared. If he was told that the car, travelling at four miles an hour, took 18 feet to pull up, he would think there had been an error in the figures as far as the calculations were concerned. Of course inexperience (by this he did not mean care'essness) might account for it. He considered seven to ten miles an hour a reasonable pace to take the corner. By Mr MacDiarmid: His statement that six or seven miles was a necessary speed to round the corner, referred to the high gear, but on the low gear it would be possible to go round the corner at three or four miles an hour, though not likely. It was quite possible for a car to skid more, than the car used in the experiments. If he was approaching the corner at a slow pace and watching a man who was zig-zagging in front of him, ; t would be possible for any driver of a Ford car to so use the left pedal that he might let the car come back on high gear and shoot forward. The whole thing might happen so suddenly that the driver might not be aware of it until after the accident, his attention might be focussed upon the man. It was not necessarily want of care or want of skill that such a thing should happen. According to the evidence the pace at which the car was being driven was an evidence of care. Wesley H. Moss, motor mechanic and expert, Hamilton, gave corroborative evidence as to the experiments carried out. The tests were made -.t approximately four, six and ten miles an hour, the first two on low gear, and the third on top gear, and in each test they pulled up in less than the car's length.

By Mr MacDiarmid: Supposing a driver were to put on his pedal brake suddenly and hard, as in an emergency, his foot might slip, with the result that the board might break and the pedals be jambed and made unworkable.

Constable Classen stated that he was in Collingwood street on the day of the accident. The car passed him, and a little later he heard cries. He saw Adam Fort under the car, and fall to the ground. Witness took him to the hospital, where he subsequently died. Witness spoke to the driver, who said that in trying to avoid deceased his car had got into its then position. He said that he had done his best to pull up the car, and had on all his brakes, which were in good condition. Accused also showed him a section of the floor board which had been broken. Accused was extremely nervous. In accused's presence he measured the distance from where Fort was lying to the post at the Cosy Corner, ami made it nine feet. He was present in Court when the accused gave evidence at the inquest, and saw him sign bis depositions. (The depositions were read by His Worship.) Senior Sergeant Cassells asked for a remand for eight days to allow of Dr. Douglas to be present. The doctor was indisposed with influenza. Mr MacDiarmid offered no objections to the remand, which was granted. The case will therefore be resumed on Wednesday nexi, at 10 a.m. Accused was released on bail.