MOTORMAN CONVICTED.

Dominion, Volume 7, Issue 1933, 16 December 1913, Page 6

MOTORMAN CONVICTED.

SWIFT PACE ON DOWN GRADE. EXCITING SCENE. Charges against two tramwaymen occupied tho attention of Mr. W. G. Riddell, S.M., practically the whole of yesterday. Albert Newson was chnrgcd with assaulting a special constable named Frank Duncan Merrick 011 November 0. The other man, John Paton, had two charges against him—ono of assaulting some person unknown and another of negligently driving a tramcar. Tho charge against Newson was taken first. Mr. P. 8. Macassey appeared for tho prosecution, and Mr. A. W. Blair for defendant. Frederick Walter Leggatt, special constable, from Woodville, stated that ho was riding down Cuba Street with a contingent of mounted special men at about 3 o'clock on tho afternoon of November 5. A car came along at a fast pace, and tho next tiling ho saw was the car among the horses. A special constable named Herrick was knocked 9 or 10 feet. Witness considered that it had been a deliberate attempt to injure somo of them. James Hood Wilson, special constable, stated that on November 0 ho and other "specials" wero riding down Cuba Street. Herrick was ono section behind him. A car came down Cuba Street and was gathering speed when it hit Horrick's horso. The speed at the timo would bo about 12 or 15 miles an hour. His own horso also partly fell. They wore riding on the correct side of tho street, thougli the narrowness of tho street would not permit four men to go abreast and'allow a car to pass. To Mr. Blair: Thero would be about 500 mounted men in the squad. "Co Through Them." Joseph Kilkolly, special constable, from Dannevirke, stated that Herrick was on tho left-hand side of him when the car, which was going at a good pace, struck hisnorse. The crowd had called out to tlio mot-oriuau to "Go through them." To Mr. Blair: In order to let the car through, witness's section divided, and as Herrick was crossing the lino the car struck him. A number of tho horses were playing up at the time. The squad was proceeding at a speed of about three miles an hour. Andrew Itobinson, special constable from Fielding, stated that the car was travelling at a spoed of from twenty to twenty-five miles an hour. Ho had formed the impression that tho car had been deliberately driven into the horses. Mr. Blair: I object to witness giving his impressions. Mr. Macassey: I ask that they bo noted. His Worship ruled that "impressions" were not admissible. Thomas O'Rourko, special constable, stated that the car came down tho street at a rate of about twenty miles an hour. Although the horses were restless, the car came straight on, and tho motorman did not apply the brake till Honrick's horso was struck. James Henry Briggs, special constable, gave evidence similar to the preceding witness. What An Inspector Saw. Hector Liardet, inspector for the Wellington Corporation Tramways, stated that 110 had endeavoured to make his way through tho car to tell Nowson to stop, but just as ho reached him the car struck the horse. Tho car was going r#t from ten to fifteen miles ah hour, and could liavo been going faster, but liad not had timo to accelerate. Nowson had gone through several horses (scattering them from the tram-line, but not striking them) before tho car struck Herrick's horse. After the collision, several special men lined up in front of tho car, and it looked as though they were going to take the law into their own hands, but when witness informed them that the matter would be reported, they took no further action. To Mr. Blair: The car was a doubledecker, and tho stairway to tho top of the car would obscure anything immediately abreast of it. Tho reason why ho went to tho motorman's end was because he thought that Nowson was ringing the bell too much, and would frighten the horses. Witness spoke to accused just before the car struck. A good driver would never drivo down Cuba Street at more than seven or eight miles an hour. Witness was sure that the indicator wai on tho full, parallel (full speed), when 110 arrived 011 tho platform, and that Nowson then threw off the speed, and had applied tho magnetic brake. After the car threw tho horse down, it must bavo travelled two car lengths, and in that distanco it struck another horse. To Mr. Macassey: The remark which he _ made to Nowson prior to tho car striking tho horse was, "Why aro you making such a fool of yourself?" This remark was meant to refer to accused's ringing the boll so often. Motormen Warned the Day Eeforo. George Ernest James, assistant traffic manager in the employment of tho Corporation, gave evidenco to the effect that the following notice was issued to motormen 011 the evening of November <1: — "Whilst the present state of affairs continues in tho city, motormen are requested to take evej-y care for tlio safety of all concerned, and not approach too closely to tho ranks of mounted police or other processions. Every opportunity should bo given for such processions to pass in safety, and any undue delay in reaching termini through obstructions in tho manner referred to must bo reported." Frank Hitchman, constable, stated that he witnessed tho occurrence. He boarded tho car and asked the motorman's name and address, roporting the matter, and Newson stated that "he could not wait there all day for the horses to get out of tho way." Detective-Sergeant M'llvenoy stated that ho had arrested accused on November 7, and when charged with the assault Nowson had said: "I did not assault tho man; tho car ran into him." This concluded the evidence. In summing up, Mr. A. W. Blair submitted that tho case must be dismissed, as it CLuld not be brought under the category of assault. At the' very utmost tho Crown could only mako a caso of negligent driving out of it. Accused's Version of it. Albert Nowson, the accused, was then put in tho box. He stated that he had been a motorman ,011 and off for twelve months. Ho had had an accident some months ago ; He had not seen tho notice issued previously cautioning tho motormon to bo careful. Coming to tlio day of tho accident Nowson stated that ho was supposed to leave Newtown at 2.G5, but did not leave till 3 p.m. Ho was still late on leaving Vivian Street. Before ho started at tho loop at the top of Cuba Street ho had rung tho gong. Tho ordinary speed down Cuba Street was five to ten miles an hour, and, 011 this particular day ho drovo even slower. Going down Cuba Street ho had a clear run for a portion of the way, till the "specials" commenced crossing tho line. He then used tho hand-brako to caso down. Ho reached a group of Tour men, and he missed thrco and hit ono of them. He had applied tho magnotio

hand-brake, nnd the car travelled half I a ear length before it came to a standstill. | To Mr. Macassey: The words used by I tho inspector just prior, to the collision wore not "Wliv a.ro you making such a fool of yourself?" but "What the - are. you doing?" Harold Sliaiv, painter and paperhanger, stated that tho motorman gave two sharp knocks of tho bell prior to starting, and then continued down tho street nt tho average rate. David Smith, who was working with Shaw in Cuba Street, stated that he saw tho ear go down Cuba Street, and estimated its speed at about six .or seven miles per hour. John Frederick Furev, conductor of tlio car, stated that in his opinion tho accused took overy precaution. The crowd was shrieking, the horeos were pranoing, and the people in tho car were getting excited. Ho would estimate tho speed of the car at five miles an hour. John Andrew Jamison, a motorman of six years' experience, gave technical evidence, in which ho stated that going at a speed of about nine miles an hour tho car would be pulled tip by tho magnetic brako in half a car length. John Patoni, motorman of fourteen years' experience, and a third motorman gave similar evidence. A Fine of £3, "This is an -unusual case," said Mf. Riddel], in giving judgment. "Counsel for defendant las said that it cannot amount to one of assault. In cases of assault generally before the Courts the weapon used is one of no great size, and defendant has such command over it as defendant Newson in this case would not have. It is not impossible, however, that there can bo an assault with an instrument of considerable ! size. Ono might be indicted for manslaughter for using such a vehicle for injury. My opinion is that defendant can bo _ charged with assault. If defendant's statement that ho was going at six or seven miles an hour is true" that speed is quito reasonable under the conditions' existing at tho time. The evidence, however, points to the fact that ho was going at a much higher rato of speed, and orea when allowing a liberal discount for excitement of tho moment, and taking into consideration tho evidence of Inspector Liardet, tho Court is forced to the conclusion that defendant was going at a greater rate of speed than ho "should have done. It appears that the speed of the car created a sensation. He had either lost his head or had done it in excitement, and ho must bo convicted." Mr. Blair; Well, if Your Worship finds that accused did it in excitement or had lost his head, he is entitled to an acquittal. His Worship: I propose to convict him. You may test tlie oaso if you like. Accused was fined £3, with the alternative of seven days' imprisonment. Costs were not allowed.