ALLEGED MANSLAUGHTER.

Shannon News, 18 July 1922, Page 2

ALLEGED MANSLAUGHTER.

MOTORIST COMMITTED: EOfi TRIAL.

The charge of alleged manslaughter against; Hugh W. Mclntosh was heard at the Palmerston Police Court last week. It was alleged against, accused, who was represented by Mr Ongley, that on April 10, at Shannon, he did cause the death of William Davidson, thereby committing manslaughter. John Archibald Mclntosh, labourer, of Shannon, said he \Vas a brother of accused. On the night, of the accident he was in a motor-car with accused and deceased. The party left an hotel at Shannon, alter being inside for about a quarter of an hour. Witness had two drinks in flie hotel, and accused also had two. Witness drank shandies, but he did not know what his brother drank. Later witness had another drink with accused and deceased at another hotel. Accused usually had a few drinks when he went iifto town. On the night of the accident accused was sober. The car left the hotel at 6.10 p.m., the accused driving in the direction of Makerua on the Shannon-Palmerston North road. Th car was lighted and the speed at which it travelled was an ordinary pace. The car was practically on the middle of the road. Witness did npt see anything approaching 'nor did he see anything strike the'car. He did not know what happened, because he was “knocked out.” He befteved the car was standing the centre of the road and the angle was not great. The gig was standing back from the car. John James Wood, share-milker, Makerua, deposed that on the night under review he left his home to go to Shannon at about 5.45 o'clock. He crossed the first bridge near Shannon, and although he had lamps on the gig he could not say whether they were burning when crossing the bridge. It was a clear moonlight niglit, and witness could see a long way ahead along the road, which was a straight one. Witness drove on his proper side of the road. When he had crossed the bridge he noticed a motor-car approaching. It had -head lights and was travelling at a moderate speed. It was travelling on the middle of the road till 1 it reached Stafford Street,, and after passing Stafford Street it crossed to the wrong side of the road. When the car was about three chains distarict witness noticed that, it was ojn the wrong side of the road, and witness drew in hard to the left hand side, leaving about 6in from the edge of the grass, "The car came into me after I had seen it on the wrong side of the road,’’ said witness. “When the car struck me it was on the edge of the road. It came straight at me, and the inside of the wheel of the car would be four op five feet from the edge of the road.”' The next, thing that, witness realise!! was, that he was out of the vehicle,, and one shaft of the 1 gig was through the windscreen of the car. Witness saw deceased and accused. The lastnamed seemed to be all right, but. a little dazed, and witness did not notice anything unusual about him. After the collision witness noticed that Tie car was lying on the road and the front wheels were turned at an angle % Wards the centre of th.e road. The front part of the. car had a slight inclination towards the centre of tne road. The nearest wheel of the car would be about four or five feet from the edge of the road. The car was in he saltie position when Constable McGregor arrived. Witness thought, the driver of the car should have been able to see the gig even without the lights being on. Edward Lyle Stuart, a milker, of Miranui, deposed that he was riding with the previous witness. Wood did not have any light on the gig. John Albert Gruinwold, beekeeper, of Shannon, said he was cycling from Shannon on the. right' hand side of the road. A car passed witness, travelling in the same direction—towards Palmerston North—and it almost touched him. The; next thing that, witness saw was that it had run into the horse and gig. Constable McGregor, of Shannon, who was called 'to- the scene of the accident, said that, the marks of the tyres on the road indicated that the accused had been travelling on his wrong side. In the opinion of witness accused was under the influence of liquor. H was a clear moonlight night, and the width of the road where ihe accident happened was 27 feet. The surface of the road was good, and the .section of the road near the scene of the accident was straight. There was no candle in the only lamp on the gig. It had burned out and only ihe grease remained. . This concluded the case for the prosecution. Accused, who reserved his defence, and pleaded not guilty, was committed for trial at the next sitting of the Supreme Court in Palmerston North on August 8, bail being allowed.