MOTORMAN CHARGED

Hawke's Bay Herald-Tribune, Issue 89, 1 May 1937, Page 8

MOTORMAN CHARGED

— Preia Aesooi&tion.l

Tram-Car That Ran Away

(Bj Telesraoh

DUNEDIN, April U, A manslaughter charge was preferred to-day against Alfred Chapman, aged| 33, driver of the tramcar that left thsj Opoho line and erashed into a vacant jieetion early in the morning of Apri] 15 infiicting fatal injuries on Johni Kenny. The charge was that Chapman, by omission, without lawful excuse, .toi perform or observe his legal duty, cansed the death of Kenny thereby committing nfimslaughter. The deposifions of - witnWsos •t thsi inquest were xead over to theni criminal proceedings. Counsel for : thoi accused contended that the prosecutioh must prove deilnitely, firstly," that therO was a legal dnty to be perf ormed by |h«j accused, and, secondly, that he omitted fco carry out that duty^ The summong did not disclose the omission allegedj in point of fact, Chapman was doing everything in his power to prevent tho fcram running away. The ovidenct showed that he applied the magnetio and hand brakes, and that they did not work, and that he was in process oi effecting movements necessary for tho application of a third (emergency) brake when the car went ofl the rails, The Magistrate, Mr. Bartholomew^ said that the information as it stood was some'what indefinite, but in substance it was a charge of manslaughter, It could he amended to he made clearer with the interpolation of "being a motorman in charge of an electric tramcar " at the begiuning. He was of opinion that a prima facie case had been made out. The accused was eommitted for triab He was allowed bail on his own iwi cognisance of £50, #