THE MOTOR FATALITY

Dominion, Volume 3, Issue 656, 5 November 1909, Page 7

THE MOTOR FATALITY

\ .■: 'ACCUSED COMMrraED : FOETBIAIi.:',' ';'':■-;! (By Teloirnpfc-iPreae, Ateoclatloß.)..•,-.' : ; '; ; 5, ; ■■''■■'•: ''■■■]?' > Chrirtehurjshy Noiom^or;!, ; : ( vAi.the Magistrate's; Oonrti this';afternoon, tetae Mr, T. A. B. Baitoy, S.JL.rthe 6h&tge4 V of manslaughter against Vf. A. Hniiiphwye (on % , ■ v remand) was resanrod. '■' -:.■'■■ .■-,; ■'■' ' - ';-■. V--' I '"'- ■.;■':': CounsoU; for i tecnsod e&id that ho ihttndcd .■;■';,! calling eiridenco eimply on, the questien'<rf. if,; allied insobriety. ■ ; '/;:,: • ~;-:.: . ■;•■ : •■: l ,J " : Goorge\Tohn Mth.'LlautenanWSolonel-Nd. 2 Infantry Battalion, merchant Mid merabor of tho'Logisltttiv*' Council; stated that he w»s • atYsldhnrst bnOctober.lS.oh'd duty >- as onovof tlio.umpires at the military, manocu- , vres,'.: Owiors , of ■ motdr-cars Utui- placed thoir , cars at the disposal, of ■ thodofonco authorities or the purpose of,.conveying troops' to Yaldhtou Ho\beli«ved,' but did'not: know, , of his own knowledge, that Humphrcye's .caroms< amongst them on , that. of ternoon. Ho had first eccn acoased between 3.30 and 4 p.m. Aβoused was standing by hie motorcar, llcply:jng toiwitn** acoueed. had etatpdvthttt Wβ car could Carry four, or including himself, five. Witness had instructed Captains Salter and Pavitt and other officers to go by.ttooueod'i car.- ■■ ".'•. ■ ■■'■'• ■■.'■'■■'•:.".■.■.■',.;••.•■ ~ ■..■.',•■■■■■■.■ ■: , . Had yon gone to ask Humphreys; for, a pur. pbsaP— Yes.:, ,; '■ ■;'■,>" -\.^'.'-:'■■:■■'..■■■-. -r'tp':'-.: ; ," Did you epoak'to-him.W consequence' , o( . something that had boon said about his sobriety i or .'want of ■.eobricty -*' : '■■"'."•'.' : .--V.i'-'■ -:••"'• ■' • ' Did you satisfy yourself as to his condition P— \ l> tti ; satisfied ithat ho }ms sober.i':l>-taraodi' " to Captain' Salter endjeaid; "This,man ie,,aU| , right/' or' soimithing to-that'effect. :,;;.;■ j Continuing, witness stated that bo would not , have had' any hesitation jin going in, .Hum- J phreys's car himsblf. ilf thoro had been any risk witness would have pwbamy kept'the car i baelrj but ho did not eoDSider that ttujjo .was I i\ny risk at all'. Dhftrt wetcsomo men.in>the< car before this officers got in'. Ho; had ordered the men ;out:ns-he; waited : toe foffienrat to ' go ( first'to' pay the monr.;Hiry , ,."■'■'^'•.'.k'S' Counsel.-. for the' prosecution: ; Did y6u ' in* < struct'tho meato keep.-their'eye: ou Hum-( _ phrays?,' : ' '■'"'<■■'■:■■::' ■-;.: ;?:•■'.■. , ; --V:' »> Witness! don't did.: C^-■ •Was tho reason , that car ; ;was-sent. away fitsl that •ybu'had , ', been snoketi to as to. the coo»i , ditiori of Humphreys?— That was theVroason. i The officer commanding tho : distriotr told .tnoi thU it had. been",'reported ■'' that Humphr6y(i| ', had been drihking. JVoulcl I see to him'and get.him 'away ; early,'l to get to town early, and sent , him.off by th* first, oar;; Captain 'Pavitt .was paymastor;;, : Notwithstanding -the:toffli!er'< comm&ndlng'i• ronihfk,>you said'iiothini!'to tho'mon injthe. . carf—Certainly not;, ,1 ■■,thought.'.he was' 80D0r,,;, 1"-tfhe satisfied' hehvai - ":;:->.'•;•;■'■• >•■ Chbrles Jainos , ,Cooper, Lidutenanti-Colonel or Volunteers, and manager in; Christchtirch: Of tjio London ahd 'liitofpool tad'.Qlpbo,lnsurthat he •.Was; of , the' ,uuipires ; ;ftt the ■.)honoouvrw,'and,\, being anxioiifi to get his Lyttoltort: thcnfaWay," he had acked accused if no was froihg to. town, and if ho Wuld iako eomo'of liie mon. Colbnol Smith had stopped them going, as hfi wanted his officers to get to town. What was Humphreye's condition at that time f—To the best of my knowledge he Vae all right. i ' ' . ' Tou saw nothing to suggest.to you that he was under the influence of liquotf—Nothing , at all. i < Had you sufficient opportunity of judging, do you think, supposing lie had been!I—l1 —I spoke to him, and I think I should have noticed anything wrong If that had been 60) I should ' hot havo put my men in his car, You ate atoußtomod to dealing with men. Do you think 'if anything had been wrong with km you would havifnoticcd itf—l think so. Would you have had any hesitation in going* in tho car yoursolfP—None. <, | Continuing, witness 6aid that he was about' thirty jftrds away from accused's caKVrhcn he 6thrted. Humphreys tamo'into town from the srono of the accident in thb cor in which witness was. Ho had gone with Humphreys to tho police 6lation,*and had heard his statotnent < . Dr. Gibson staled that Humphreys had been' in his company at Yaldhurst for about hal£> * jnnhour, and ,ho had ample o'i iudrinfirof his condition. " I , What was his Condition wa& oertainl* not intoxicated. Ho was in normal oondihoi* It didmot occur to you'that there was hum thng wrong with himP—l did aot think any thing about it. r- * further evidence was given. Accused was committed for trial.