MANSLAUGHTER CHARGE

Hokitika Guardian, 10 December 1925, Page 1

MANSLAUGHTER CHARGE

A AIOTOKIST COAIAIITTKD FOR TRIAL. [by telegram:—per tress association.] AUCKLAND, Dec. 9. Ronald Gordon Frankliam, aged 2/ years, was to-day charged with negligently driving a motor ear on the night of Xovemlter 12th, thereby causing the death of Oscar Frederick Swansou. and further that be did commit manslaughter. Norman Gregory Swanson stilted that at about 11.30 p.m. on November 12th, lie was going home with Hector Flanagan, George Smith, and witness’s brother, the deceased. i hey were walking fairly dose together. Witness, glancing round, saw a motor ear behind, and jumped forward. The next moment lie was on the ground, and lie saw the rear part of Fie- ear bumping over liis brother. Witness took the number of the car, which then had no lights. He did not observe whether it had lights before the accident. No horn was sounded.

Hector Arnold Flanagan said that the car travelled alaiut fourteen or fifteen yards after the impact. The deceased was carried apparently seven yards. Witness identified accused as the driver of the car. The driver mentioned to witness that bis lights bad gone out, and that be bad been looking for the police, expecting them to report it. There were a man and two women in the car. besides the driver.

James Alervvn Adams, salesman, stated that on the evening in question, lie was at ‘-Dixieland” Cabaret, at Point Chevalier, and returned from there in a car driven by accused. Witness was in the back seat with Miss Dias, while Aliss Bales was in the front with the driver.. The party left Point Chevalier at 11.5 p.m.. and came bv the usual road to Grey Lynn, then by the Great North Road to Poiisonby road and to Williamson Avenue for the purpose of taking Aliss Dias home. ‘‘When we came out of the cabaret the lights would not work.” slated witness. “Frankliam had tried to make litem go, and then suggested that we should drive on and look for a policeman, because he bad done so previously when tin- lights on a ear which I had did not work.” Witness said the car was kept to lighted areas when in Williamson Avenue. The car was travelling at about eight miles an hour. Witness felt a slight bump. Then accused said: “We have run over somebody!” Witness saw no one about- prior to the impact. When the ear stopped, the deceased’s companions were carrying him to the car. To the Coroner: There was a slight drizzle, and it was a very cloudy night.

To Air AlcYengli: When we drove out wo had headlights. We switched them olf at the Cabaret-. AVlieu we came out they would not work, nor would the born.. We turned into AVilliamson Avenue at about seven miles an hour. Frankliam drove with utmost caution. Part of the time lie Imd his bead over the side of the car. AYo looked out for a policeman. A) e left the Cabaret at 11.5 p.m.. and the accident happened at about 11.30. The distance travelled was about four miles. A moment before the accident, Frankliam put up bis band to wipe the wind screen. Witness bad never been in a. car when so much care was taken by I lie driver. This car was not Fraiikhain's. Ilis car was being repaired. The Coroner: Did you have any liquor at the Cabaret r Witness: Yes, AYo had half a bottle of wine, and a- little brandy. Alargueritc Dias, a- young woman, who lives at- Williamson Avenue and who was sitting in. the back seat ol Hie ear with Adams, was called by ilii' police. Slits gave, evidence on llio lines of the previous witness. Air Sullivan: Did you have any liquor coining back? Witness: No 1 did not. Did any of the- othersr No. We only bad about three small nips at the CubniVt. There was not enough to get drunk on. Yiolel Wordle.v Bales, the oilier passenger, deposed that they followed another ear from the Cabaret to Great- North Road. To Air Ab-Veagli : We had no idea the men were in the road. We- didn’t see a- tiling. Constable Fuller said lie was summoned from the watch-house to the. Hospital at about- 11 .45 p.m. lie saw Frankliam. who made a statement. Ho said lie had about three drinks at the Cabaret. AYitbout the authority of tin, management, the liquor was taken out by Adams, and the accused was quite sober. He would not sign the statemenl. on account- of the manlier in which iho portion about the liquor was worded.

Recalled, the witness Swanson stated that Hie lights in Williamson Avenue where ihe accident happened were burning at the time. The Coroner found that deceased died on November 13t li -. the cause of deal'll being laceration of the brain and heart- failure following on injuries sustained l>v him through his having been run into by a motor car in Williamson Avenue on Novein--I,or ]2th. The car was being driven in a culpably negligent manner by one Ronald Gordon Irankhatu. Frankliam was committed lor trial, lie pleaded "not guilty." and reserved bis defence. |]e was admitted to bail of £2OO.