MAGISTRATE'S COURT

Dominion, Volume 11, Issue 20, 18 October 1917, Page 9

MAGISTRATE'S COURT

ALLEGED MANSLAUGHTER

CHARGE AGAINST A CHAUFFEUR

Mr. S. E. M'Carthy, S.M., presided at the Mngiatrato'e Court yesterday. Percy Withers. chauffeur to Mr. Walter Johnston, Jlobson Street, w<l3 charged that on September 14 last, by un unlawful act. to wit. by negligently driving a motor' car (it an excesaivo speed, ho did cause the death of ono Gordon OhalHs, five and a half years of age. son of Christopher George Ohtillia. a returned soldier, and did thereby commit manslaughter, contrary to the form of the statute in such case made and provided, being an indictable offence. , Mr. P. H. X. Macaesey, of the Crown Law Offioe, appeared for the prosecution, and Mr. A, Gray. K. 0., with him Mr, G. G. G. Watson, appeared for Percy Withers.

Mr Maoasaey, in orening, said that the child Gordon Ohallis was sent on an errand to a butcher's chop In Molesworth Street. Tho accused was driving a motorcar belonging to Sir. Walter Johnston down Molegworth Street, and when about thirty yards away from the child accused first saw him and Bounded his horn and applied the brakes. The flcoidont. occurred about 4 o'clock in the afternoon in broad dnylight in a street that wne at tho timo clear of traffic, and if the accueerl had had Mh car under norfect control he should hare been cblo (0 stop it immediately. It would be shown in evidence that tho car skidded for a distance of 75 feet. The child was knocked down near Staples's Brewery. Hβ was immediately picked up and takcu to Mr. Hanlon'e chomist shop, and wae later removed to the Hospital, where ho died soon after midnight. i'ho evidence for the prosecution was the same na that given at the lnquost on the body of the child.

Mr. Gray, for tho accused, contended that there was no case to answer. It was shown .in tho evidence that Withers was a careful driver, that tho child ran Into tho street unobserved, and that the acoldent wob inevitable. The accused did everything: possible lo avoid the impact, and tho most that'could be said against WitheM was Ihot he luade an error oi judgment in driving at the regulation speed at that hour. And there might havo been an error of judgment in hie trying to got round the child. The child was not dragged along tho street, but appeared to have fallen. Withers, was not culpably negligent. • and the prosecution had no right to say that the car should have been pulled up immediately. The car could have been pulled up within a. certain distance, and Withers mado a groat endeavour to avoid colliding with the child. The cirenmatances all pointed to the fact that it was an unavoidable afeoident, for which tho accused could not be held criminally liable. The point nf tho whole thing was that children of tendor years should not bo allowed «n the streets in which there wag motor • traffic, and the Magistrate, while acting as coroner in the case, doalt with this phase oi tho matter.' Mr. Gray oontended that 8 prima facie caso had not been mado out, and he did not believe- that any jury would record a conviction.

Tho Magistrate held that there was. a ca3o to answer, and said that when one human being: wan killed by another slight evidence was Bufßoient- to send that other for trial before a common jury. Withers, who pleaded not guilty, and referred his defoncp, was committed to the Supremo Court for trial. Bail was allowed in his own recognieancee of £100.

OTHER OASES. Frank Robert Wilson was sentenced to two. months' imprisonment for assaulting a Ohinamau named Ah uoong. It appeared that Wilson went to the. Chinaman's shop and wonted to buy two cigarettes for a. penny.- The Chinaman refused his request, but said he would sell him a packet of oigarcttes for 7d. . Accused said he did not wish to spend so much rm'oney, but tho Chinaman refused to di>. business with, him, and the' assault then took place, arrested the acoused denied all knowledge of the matter. There wero.several previous convictions against .tho accused for various' offences Clarence P. M. Hall was charged with giving false answers to questions as to his registration in the Now Zealand El: peditionary Force; He was convicted and ordered to bo handed over to' tho military authorities. For committing a breach of his prohibition order, John Hydo was fined £5, in default one month's imprisonment, and on tho'charge of beiuc drunk he-.was convicted and. discharged. For insobriety ono first offender was fined ids., in default 48 hours': imprisonment, and wrs also ordered to pay, 175.. fid. medloal expenses, with the option of serving seven days in gaol. Another first offender was fined IBs., in the alternative '24 hours' imprisonment.