BAGBY TRIAL

Sun (Auckland), Volume I, Issue 192, 3 November 1927, Page 11

BAGBY TRIAL

PROTEST FROM DEAD WOMAN’S HUSBAND ASPECTS OF THE CASE Mr. W. S. Short. 1.5.0., whose j wife was the victim of the fatal accident which resulted in W. S Bagby’s recent trial for manslaughter, wr tes as follows concerning the facts of the case: j As I am the person most affected by the manner in which the Supreme J Court has dealt with this case, I re- | spectfully ask you to print the foliov. ling protest in THE SUN: i The facts in this case are beyond i doubt. On the evening of September ; last, my wife and grandson stepp* 1 ! off the footpath in Manukau Road. i » ; board a tramcar that was slowing down to pick them up. As they did j so Mr. Bagby came up in his ear hoping, no doubt, to get past the trame i before it came to a full stop. A j the very moment when the train* : stopped, Bagby’s car struck my wii • and grandson, and by the impact carried her body some 60 feet along thread. thereby killing her and seriously injuring my grandson. Bagby tl on cleared out without stopping, in a a effort to escape detection. Was Bagby’s action in negligentD driving and killing my wife lawful or unlawful? Had he any excuse'.* Tin jury by its verdict practically decide d that he had no excuse: for it final 1> decided that he was guilty of negligent driving, thereby killing my wi'j The foreman of the jury told the 1 judge that the jury was of opinion | that my wife should not have been on the road until the tramcar ha»i quite stopped. The judge in reply said that made no difference, but he did not tell the jury that she had, under Common Law, just as much rich, to be on the road for a lawful and necessary purpose as Bagby had. The fine of £IOO, and cancellation of Bagby’s licence to drive a motor* • car for two years, is farcical, seeing that many people drive without a licence, arid that if they are caught doing so (which is very difficult) th y are only fined from 10s to £l. Again, the strongest witness available for the Crown was not called by [ the police, viz., a man who actually l saw the accident, and who, I am ini formed, was prepared to state that > Bagby travelled much faster th n ; he or the other witnesses testified. It i was from this man’s description of the motor-car that it was ultimately i traced.

are tied and I am unable to make public the explanation of why the witness was not called,’’ said Police-Superin-tendent G. W. Wohlmann, after he had read the letter to-day. The acting Crown Prosecutor. Mr. S. L. Paterson, said that he had nothing to say about Mr. Short’s comments.