MANSLAUGHTER CHARGE

Dominion, Volume 11, Issue 285, 21 August 1918, Page 6

MANSLAUGHTER CHARGE

J DRY FAILS TO AGREE,

By Telegraph.—Press Association,

New Plymouth, August 20. At tho Supremo Court, before 'the Chief Justice (Sir Robert Stout), James Patrick Joseph O'Donnoll, farmer, of Inaha, was charged with tho manslaughter of Thomas Henry Morgan. ' . Sir John Fiudlay, with lum Mr. P. O'Dea (Hawern) appeared for tho prisThe evidence showed that on the night of, the accident deceased went 'with his grandson to milk tho cows in a paddock along tho South Road from llawera, towards Manaia. When returning, about 5 40, the grandson and Morgan kept 'to tho left-hand sido of tho road off tho tarred iporlion. The grandson went 'ahead with a bicycle, Morgan following with a can of milk in a small go-cart, A motor-car driven by accuscd approached from 'the direction of .llawera, zigzagging about the road, and travelling at about 20 miles an hour, 'flip boy heard a crash, turned round, and saw that Ins grandfather had been knocked down, the motor-car did not slop. Deceased died before ho reached his home. ■Tho defeuco alleged tha't deceased hart been-on tho wrong side of tlio road, and was crossing to tho right side whon tlio cur struck him. Tho accused, in evidence, said bo hart i had sevoral drinks during tho day, but i was perfectly sober. From the angle at which deceased was crossing tho road ho must have been crossing from the wrong =ide to tho right. Ho made no attempt to slop, but tried to avoid tho deceased by swerving. Ho thought that tho mudguard had brushed the man aside. 110 looked round but saw nothing, bo won't on. Whon he saw in tho paper nest morning thnt the mnn had been lolled he voluntarily gave himself up. Evidence was given that the deceased was a -very difficult man to pass on tho r °Tho jury, after a retirement of four hours and ten minutes, failed to agree. A now trial lws been sec. down tor the December sessions.