DEATH OF SCHOOLGIRL

Sun (Auckland), Volume III, Issue 878, 23 January 1930, Page 11

DEATH OF SCHOOLGIRL

manslaughter charge DISMISSED boy cycling on path JOur Oion Correspondent WAIHI, Wednesday. On the ground that the police had pot made out a prima facie case and that the accused had, not knowing that he was doing wrong, followed the general practice of riding on footpaths in the now almost deserted township of Karangahake, Messrs. W. jt. Wallnutt and W. H. Toy, J.P.’s, in the Waihi Children’s Court this afternoon. dismissed the charge of manslaughter preferred against the 12-year-old boy who, while doublebanking a companion on his bicycle on a footpath at Karangahake on December 12, knocked down and fatally Injured the schoolgirl, Myrtle Isabel Bramble, aged six years. At the hearing, which occupied the greater part of the day. Sergeant D. I* Calwell prosecuted, Mr. F. C. V. Clark appeared for the accused, and the Rev. J. Louden, of Paeroa, for the Child Welfare Department. Evidence was brought to show that 1t was the habit of most Karangahake cyclists to ride on footpaths, the town having fallen into a state of disrepair. Additional evidence was given by Constable J. McClinchy, of Paeroa, who said that he had known Karangahake for the last 30 years, and that it hud been his sub-district for the last nine years. The footpath on which the accident took place was a formed footpath, and was quite distinct from the road, but at the spot where the mishap had occurred it was about level with the highway. Since the town had become decadent as the result of the cessation of mining operations, the need for the footpath had greatly diminished, and he had no recollection of its having been attended to during his time in the district. He would consider that, as a footpath, it had been abandoned by the Ohinemuri County Council, and had he seen persons riding bicycles on it he would not have laid charges against them —in fact, he had seen more people walking on the road than on the footpath. Counsel submitted that there was no case to answer, and said he considered there was sufficient evidence . to show that the whole of the population of Karangahake indulged in the practice of riding on the footpaths, and the only point on which the charge could be supported was that the accused was committing an unlawful act when the accident occurred. Constable McClinchy, however, had said that he would not have brought a charge against anybody for riding on the footpath, as he considered that to all intents and purposes it had ceased to bo regarded as such. If the case were sent to the Supreme Court, added counsel, he was sure it would not get past the grand jury. After a retirement of a few minutes the Bench said It had considered the case from all standpoints, and had come to the conclusion that a prima facie case had not been made out. The whole circumstances pointed to misadventure, and although they could sympathise with the bereaved family, they felt that there was no justification for sending for trial a child who had been so well reported on by Mr. Louden, and who, not knowing that he was doing wrong, had only followed the old-established practice of riding on the footpath. Such a sad happening would, nevertheless, serve as a warning against the very prevalent habit throughout the whole district of riding on footpaths. The police had acted quite properly in bringing the charge. The charge was dismissed.