CROWN SURPRISE

Hokitika Guardian, 17 August 1933, Page 8

CROWN SURPRISE

EVIDENCE OF SCHOOL BOY

ACQUITTAL AiS A SEQUEL

Unexpected evidence given by a schoolboy witness for the Crown in a Melbourne Court recently led to the acquittal, by direction of Judge Mac.indoe, of Reginald Bolton Green, carrier, on a charge of manslaughter. Green was changed with having killed Lionel William Lang, aged 40 years. Lang was the conductor on a tram which was shunting on a loopline. He was standing on a step at the end of 't'he tram putting the pantograph on the overhead wires, and was struck by a motor-truck driven by Green. Lang died on the following morning. The Crown alleged that Lang’s death was caused by gross and criminal negligence on the part of Green in the driving of his truck. The Crown Prosecutor said that after Green’s vehicle struck the tram it careered across the road and crashed into a post. It was a wet night, but there wag no other traffic in the vicinity. After the accident, counsel added, Green made a statement to the police, in which he said that he had struck the tram in swerving his truck to avoid colliding with a moror-car which came out from the kerb ahead of him. His truck was not travelling at more than 10 miles or 12 miles an hour, but when he struck the tram he was jolted out of his seat and he temporarily lost control of the truck. A ,(schoolboy who had seen the Occident was called .as a new witness for the Crown .to say that there was no other traffic in the vicinity, but when he was examined he upset the Crown case by stating that there was another motor vehicle near the tram.

This evidence having supported the statement of Green, counsel intimated that he thought that there w?, 5 no us© proceeding with the case. Judge Macandoe then directed the jury to acquit Green.