MOTOR FATALITY.

Dominion, Volume 3, Issue 654, 3 November 1909, Page 7

MOTOR FATALITY.

tHB DE4IH OT-CAraiN-fAVITT. CttftSGE-OF MftNSUUQHTEB, : 'EVTHENCBAS TO ACCUSBirff-CONDmOJI, (Br ttkxmk-Vma association.! Christcfawch, Kovoatror 2. i At'tha Magistrate's Court to-day, before Mar j T. A. B. Bailey, SJH-, the case against Win, ■ Averill x fiumphroys, oharged with having 1 com« mitted manslaughter on Labour Day by causing tho death of Captain Pavfll, of tho Civil ' Service Riflos, by hie motw-cw colliding villi tramway poks, wae taken. Accused we* charged that on October 13, 1309, at ChnsU , i church, ho did by neghgont and Improper dmng of a motor-car cause tho death uf one Wil* mm Ostell Pavitt, and did thereby commit the enmo of manslaughter. < Francis Dennison Jfiwnco, teacher at th(| ; Training College and mombcr of the Civil Service Rifles, stated that ho vies at tho manoou- "'- vres on Labour Day. Ho hod left tovm-foi * 4 tho manoeuvres a little nftor 2 p.ra. mam ' driven by accused, Ho had goilfl along the ' North Eiccarton Hoad. Did you notico his condition as to sobriety?— ' I noticed him under tho influence of drink. L ' was sitting in frout alongside him. , What die you notice that led you to that conclusion?— Several times he did things that showed that ho could not too properly. At i one time he tried to unlock a screen, but only - ■ unlocked ono Bide, but not tho other ade/and ho did this 6ov oral tunes. y Did he say nnythmg about tho paced , —Only when wo got between Eiccaiton aui Yaldhurst he said that tho car was only going twenty miles, and ought to bo going at forty. Dβ "" took tho screen do\ni, he said, because of th» mnd When we got almost to Eiccarton racocourso ho said that vie had passed and turned the car round. It took us some time to oonnnco him that he was wrong; but ' he was ultimately prevailed upon to turn round and go on. On tho way ho let go the - wheel m order to mako a cigarette. I thought this was dangerous, und I got hold of it myself. v . i ■ i Continuing, witness stated that about hall i M\ hour or three-quarters of an hour before ho started from Yaldhurst he saw accused m a storo at Yaldhurst , What was his condition thenP—Hβ was just ' ; about tho Bamo, , In jour judgment was he in a condition to dri\e tho cal properly to Chnstchurch —No. Witness, continuing, eaid that on the way out accused had stopped nt tho Bush Inn and ' wanted thoeo iu the car td go in and \ui\d a drink. They,had refused, nnd accused himßclf had not gone m, lt ; Jforbert Vfohh, chaafcW for J. Balkntyn* < and Co., slated that ho saw accused get out n of lus enr at Yaldhurst and go shaight into a > hotel. Ho noticed accused's condition. Ho was undor tho influence of drink. Ho noticed ac- i hotel ,thrco limes, and between , tho second and Ihird time when ho walked to , his car witness caw that acciiscit was unstcad) in his gait, hnd ivlulsl Axing something ontht bottom of tho car he overbalanced and foil into the bottom of tho car. In your opinion, was ho in a fit condition to ' drive?— No. That is ono of tho reasons I did , not start with my oar. , You were afraid id go on tho road while , h<> ivns driving in that condition?— Afterwards. I Rot ordois to go / to Rangiora, and went a j different ro&d, Aftci hib evidence had i be6n lead, over ( to him, witness was asked by tho Crown Proseoulor•

';AVhßtdo'yon.mean by "Was one of tho rea«i sons I did.not.start V , i . | , Witness replied; I didn't think that Hmn«i phfeys waa oapablo qf 'oar, and Tie'ittigbfc'haywhil mo, run' into' mo.» At the time I .was waiting for- ordors. I then orders and .went to Eangiora. • Frimk'CressTvoll, Xieut.-Colontl in the Volun- , ■teetsiv stated-that-her saw accused at Yald-, :-.hurst between. 3: and-I.o'clock. * > ~ '>, Did 'yott': notice'', anything/-about" him ?—W« I oo\ild npt help noticing, him,' Hβ was'staiding.abdut his«ar:CßrJairilyfinder 'of liquor. , /,•Hβ woe[-not'certainly in n cinditwa to jdrivo ' a ,motor-<ar safely;. , and properly. '.'■ : W6uld you? ydurself:;liav v o gone in his car if ho wasidriving?—No.- , I.Vhad him under ob-EBf-T!itiiii|irfoi'iabout\hnlt' anvhonr bofoio \\a " letnrtsdtd: i CaptniaiKpstct/ ... ~ ' 1.-Charks.'Gqoj'gb'Foster;-'Oaptaitii-ln.thq Volun. leers, ■unattached_' list; Stated'.,that: ho Was one ;t3fi.lhd.f.umpil , 6s"at-, the-.manocuvrce. , ; Between ' ,thi;ee and four.o'clock.- irivtlie afternoon ho ; had t hetitx with LieuttColoncl Cressnell etanding Oβ the opposite *idc of tlie\ro?.d to wb<>re\accuse4 aud l Inn car «cro. He had noticod , * condition. , What was ltP—li considered undor the in Sucnco of liquor. ' l " What gavo 5011 that impression F-The faot that\ ha was (jtagfrering considctobly whils* ooiuersing vntU others, and «omod to res' on the car. On s-oveinl orM6ions ho caught hold of tho cat , ! to 6tendy himself. Was he, in jour judgment, in a fit condition to operate n motoi-oar?—l Know nothing ol motor-oars, but in my judgment he Has not in ft condition to drlvo a oar I would nof ha\o uddcn with him in tho cnr. In'oonsc '(juence of mj oWi vation of tho accused and of what Lieut 'Colonel Crcsswcll told me, I tpolio.to I/ieut.,-Colonel Stnitli. John CharlcsN Hartley, Lieulcntant in the Cycle Corps, stated that accusod, nt Yald» hirst, after the nianeouvres, appeared to him to have had houoi duiing the dny.v M Whon walking from tho hotel to l'is car ihe tfaa" , not vvory etoady.i uWitncss ;-would." not hafp lidden in a cai driven by accused tha't aftcr«' noon v \ 1 ■Further evldonco as to condition and the rate of speed nt which tho car waa travelling when tho Occident occurred, v.as also' given, ' Counsel for , accused asked foi r rcraiwvd, it older to giio him nn bpnortumty to decid* whnt c\idencß h« blioyld call, ondif I'e should' cill eudenco in lebuttal. Tl'is couiso would piabablj help to shorten nioceedinge, Acoused was then remanileil till 3 pm. oo Thursda} Accused Was ldcasod on tho eamt boil ns previously.

Another; Substantial building is to bo added many fluo structures which have been -ereotedjiy insiiranco companies in The Riiyal Ipsuranco lOompanj', tho agency ■ > of whioa has been held up to tho prcseut by 'Messrs, W.,M,' Banuatyiio and Co., is to ha\o a separate ossablishmout ot its m\n, and to thatiend'thei -vo cant section adjoining Messrs. i Joseph:Nathan,and Co.'h block m'Feathorston Streot acquired by the companj. ' Crichtbn and ll'iCay ha\o been instructed to prepare this plans. y , ,' , "gome local Labour papers aro not mu6h better than peuuy dreadfuls," observed one of tho delegates at tho ruruilura Conforeuco': when speaking m sup- ' port of it motion m fa\oui' ot tho cstabhbliment.of.a Dominion Labour papcl , . Mi, Mori- i arty; also supported tho proposition, and in the course Gf his remarks paid a wmin tribute to tho Wellington pif-s, '1 ha\f> onlj ono fault to find with -thorn," he said, ''am! that 11 that they art too toad of running nttci Mr. I'ijor, secretary of tho Umplojeis' lcdorntion, and taking what ho says lor gOspol. Thon they ask ' the unions what they think about it, Some people say that tho Wellington napeis don't give full reports, but," conoluded Mr. iloriarty , with a chuckle, "tho Trades and-;- Labour ;., Council.■ i':. doesn't think so. I reckon , that; the'friday/issues of the Wellington papers had ri» incrcaspd enctilation:while .the council's, mcQtiligs.S'pro lepoited .by the press.: Thoy-wcro not.exa'ggoiatod ioports oither.- , They • h(iv.e-bcch',y,wrnnßling like . •that!for , two years,(and'still.pro." -Tho conferencej unanimously. rwolyod td/sunport the idea of- a national v Labour,, organ,''.W.Up.'-i properly financed and'organised.' : ::: ..■:'■'■."■:-.'l-