ADELAIDE ROAD FATALITY

Dominion, Volume 12, Issue 109, 1 February 1919, Page 9

ADELAIDE ROAD FATALITY

MANSLAUGHTER CHARGE. Arthur Sinclair appeared before Mr. F. V. Frazer, S.M., at the Magistrate's Court yesterday, to answer a chaYge. of manslaughter, in that he, whilst driving a hospital motor ambulance in Adelaide Road on the afternoon o£ November 9, 1918, did slay and kill one Denis Diver. Police-Inafiector Marsack conducted the prosecution, and Mr. M. .Myers appeared for the accused. In opening the case Inspector Marsack stated that the three points upon which the information was laid, were (1) That Sinclair was not keeping a proper lookout, and was therefore unable to stop his car before killing Diver; (2) that Sinclair was driving a motor ambulance at such an excessive speed that although he'saw the man he was unable to stop in time; (3) that Sinclair tried to pass the man, believing that as the amoulance was travelling at such a great speed he could get in front of him. The evidence taken.at the inquest was then read over to the various witnesses, and accepted as thef evidence on the charge. At the conclusion of the evidence, Mr. Myers submitted that tho case, as it stood, was not one for trial. . The evidence was somewhat contradictory, as one would expect. For instance, some of the witnesses called by the prosecution said that the ambulance came up on the wrong side of the road before it reached the tramcar. This had been proved to be incorrect. The evidence as to the 6peed of the. ambulance was also very contradictory. Perhaps that of the man who was with tho driver of the ambulance would be the most reliable, as he was watching the speedometer at the time. Accidents happened in a flash, and impressions of the situation flashed through tho minds of tho onlookers, who viewed the occurrence from different positions, and it wns not to be wondered nt that perfectly honest people miscalculated the speed. On the evidence produced by the Crown, counscl considered that there was no prospect of any jury finding a verdict favourable to the Crown. His Worship said that the evidence was naturally contradictory, for the reason that the witnesses _ saw the accident from different positions, and consequently gained somewhat different impressions. The deceased was walking across the road, and tho ambulance came up at a speed which was fairly rapid, but ho would not say it was 30 miles or 85 miles lyi hour, nnd hit deceased. Ho did not think he should speculate as to what a jury would dohe was to idecide whether or not a prima facie case was made out. _ To his mind it wns a type of _ case which was essentially one for a jury. A prima facie case had been established. Tlio accused reserved his defence, and was committed to the Supreme Court for trial. Bail was allowed in tho sum of ,£IOO in accused's recognisance, on condition that lie reported himself to tho police daily.

The first horseless carriage was invented in Paris in 1748 by Vaucanson, and its operation wfw witnessed by Louis XV. It was moved by a large clock spring.