BAGBY ON TRIAL

Sun (Auckland), Volume I, Issue 185, 26 October 1927, Page 13

BAGBY ON TRIAL

Sequel to Motor Fatality

WELL-KNOWN JOCKEY FACES JURY

FACING a charge of manslaughter, Walter Scott Bagby, the well-known jockey, to-day stood his trial before Mr. Justice Reed in the Supreme Court. He was downcast of mien and stood with head down as the jury was empanelled. He was then permitted to be seated and remained immovable throughout the trial, his eyes on his feet.

TTR. ALLAN MOODY is appearing for Bagby. Opening for the Crown, Mr. V. X. Hubble said that accused was charged firstly with manslaughter following the death of Mrs. Elizabeth Sarah Short, who was knocked down by Bagby’s motor-car on the night of September 20, and secondly with negligent driving, causing actual bodily harm to Leslie Howard Hosking. grandson of the deceased, who was also knocked down. “Manslaughter,” said Mr. Hubble, “may be of a nature that is little short of murder, and it may be of a trifling nature.” On the night of the accident Mrs Short and her grandson were abcu to board the tramcar at Owens Road Epsom. It was raining heavily at the time and as deceased and the boj

stepped off the kerb she was struck by the motor-car and dragged some distance. She died shortly afterwards, while the boy suffered severe leg injuries. J

“The most amazing feature of the accident,” said Mr.'Hubble, “is that although the accused must have known he had struck someone, he did not pull up, but, literally, ‘went for his life/ When seen by the police next day Bagby said someone had taken his car without his knowledge. That was a lie, and he corrected it later in the day, and by his second statement it could not be questioned that he was the man. “The fact that he continued on his way, although it may cause you some indignation should not affect your verdict, nor should the fact of his age, 20 years, cause you to be sympathetic. He is a jockey, used to dangerous situations, and not likely to lose his head, and in his statement he says he heard a scream but on the impulse of the moment he did not stop. In the opinion of Norman John Till, surveyor, the heavy rain would cause

l reflections from the street lights. | “I thought the motor-car was going ! to stop, and that is why we moved toward the tram,” said Leslie Howard | Hosking, grandson of the deceased, in evidence. He was struck on the knee and had to go to hospital, where he was still a patient.

.The cause of death, said Dr. L. K. Crow, was shock and haemorrhage of the right lung. Witness spoke to the deceased during a lucid interval but she could give no coherent account of the accident. TRAM DRIVER’S EVIDENCE “Just as I stopped at Owen's Road,"

raid Ernest Harradenee, motorman of the tram which deceased was about to board, “I heard a scream. I saw a motor-car shoot past; a boy was knocked on to the tram rails and a woman was dropped further along. I would say the car was travelling at SO miles an hour.” Cross-examined, witness admitted that the stopping post was a few feet along tile road from the verandah at Owen’s Corner. He pointed out. however, that It was the usual practice to stop opposite the verandah. He saw several people moving off the footpath as.he drew tip. It was not raining heavily at the time. According to Edwin John Selman, a thunderstorm was at its height when lie heard a scream and saw a motorcar carry the woman 40ft alofig the road. He was attending to his ear in Owen’s Road at the time. The car, he thought, was travelling at 20 miles an hour.

To Mr. Moody: In my opinion the driver of the car did not accelerate after striking the woman.

Ellen Frances Griffin said she stepped off the kerb to board the tram, but when she saw the motor-car approaching she stepped back again. She witnessed the accident, and said the car was travelling at a fast rate. (Proceeding).