CAPT. PAVITT'S DEATH.

Taranaki Daily News, Volume LII, Issue 230, 3 November 1909, Page 2

CAPT. PAVITT'S DEATH.

ACCUSED OX TRIAL. SERIOUS ALLEGATIONS. By Telegraph.—Press Association. Christehurch, Last Njgni. At tho Magistrates Court to-day, before Mr. T. A. Bailey, S.AL, the case igainst William Averill Humphreys, charged with 'having committed manslaughter on Labor Day by causing the death of Captain Pavitt, of the Civil Service Rifles, by his motor-car colliding i with tramway polos, was taken. Ac-J cuscd was charged that on October RHh, < 11)09, at Christchurch, he did by negli-1 gent olid' improper driving of a motorcar cause the death of one William Ostell Pavitt, and did thereby commit the crime of manslaughter. Francis Denniston Maurice, teacher at the training college and a member of the Civil Service Rifles, stated that he was' at the manoeuvres on Labor Day. He had left town for the manoeuvres a little after 2 p.m., in a car driven by accused. He had.gone along the North Riccarton Road. Did you notice his condition as to sobriety ? I noticed him under the influence of drink. 1 was sitting in front alongside him. What did von notice that led you u> that conclusion? Several times he did tilings that showed he could not see properly. At one time he tried to unlock the screen, but only unlocked one side and not the other side, nnd he did this several times. Did he say anything about pace?— Only when we got between Riccarton and Yaldhurst he said the car was onlj | going twenty miles and ought to be go ing at forty. He took the screen down he said, because of the wind. When h< got almost to Riccarton racecourse lu lid that we had passed Yaldhurst, ant iirned the car round. It took somi line to convince him that he was wrong ut he was ultimately prevailed upoi o turn round and go on the way. II it go the wheel in order to make a igarette. I thought this was dangerous .nd I got liold of it myself. Continuing, witness stated that about iiilf ail hour or three-quarters of ( an iour before he started from Yaldhurst ie saw accused in a store at Yaldhurst.

What was his condition then?—He was r just about the same. He appeared to be under the influence i of liquor?— Yes. i In your judgment was he in a condi- 1 tion to drive the car to Christchurch ? ' No. 1 Witness, continuing, said that on the way out accused had stopped at the i Bush Bin, and wanted those in the car ' to go in and have a drink. They had ' refused, and accused himself had not ; gone in. Herbert Webb, chauffeur for J. Ballantyne and Co., stated that he saw accused get out of his ear at Yaldhurst and go straight into the hotel. He noticed accused's condition. lie was under the influence of drink. He noticed accused enter the hotel three times, and between tho second and third time, when he walked to his' car, witness saw that accused was' unsteady in Ijis gait, and whilst fixing something on the bottom of the car he overbalanced and fell into the bottom of the car. In your opinion was he in a fit condition to drive?—No; that is one of the reasons I did not start with my car. You were afraid to go on the road while he was driving in that condition? —Afterwards I got orders to go to Rangiorn, and went a different road. -After his evidence had been read over to him, witness was asked by the Crown Prosecutor, " What do you mean by 'was one of the reasons'l did mot start'?" Witness replied: I didn't think that Humphreys was capable of driving the ear, and lie Jmiglit have hit me or ran into me. At that time I was waiting for orders. I then got orders and went to Ra ngiorn. Frank Cresswell, Lieut.-Colonci in the Volunteers, stated that he saw the accused at Yaldhurst between 3 and 4 o'clock. Did you notice anything about liini?— We could not help noticing him. He was standing about his car, certainly under the influence of liquor. He was certainly not in a condition to drive a motor-car safely and properly. Would you yourself have got in his rar if he was driving?—No; I had him under observation for about half an hour before we started. Jn consequence of Humphreys' condition I spoke to Captain Foster. Charles George Foster, captain in the Volunteers, unattached list, stated that he was one of the umpires at the manoeuvres. Between three and four o'clock in the afternoon lie had been •nth Lieut.-Colonel Cresswell, standing on the opposite side of the road to where accused and his ear were. He had noticed accused's condition. What was it?—l considered him under (he influence of liquor. What gave yon thai impression?— The fact tliat be was staggering con- | siderablv whilst conversing with others, and seemed to rest on the ear. On several occasions' he caught hold of the ear to steady himself. Was he, in your judgment, in a lit condition to operate a motor car?—T know nothing of motor-cars, but in my judgment he was not in a condition to drive a car. I would not have ridden with him in the car. In consequence of my observations of accused, and of what Lieut.-Colonel Cresswell told me, llspoke to Lieut.-Colonel Smith. John Charles Hartley, lieutenant in the cycle coqis, stated that accused at Yaldhurst, after the manoeuvres, appeared to him to have had liquor. During the day, when walking from the. hotel to his' ear. lie was not very steady. Witness would not have ridden in the car driven by accused that afternoon. Further evidence as to accused's condition and the rate of speed at which the car was travelling when the accident occurred, was also given. Counsel for accused asked for a remand in order to give him an op'iorlunilv to decide what evidence he should call, and if lie should call evidence in rebuttal. This course would probably help to shorten the proceedings. Accused was' then remanded till :) n.ni. on 1 ltursday. Accused was released on the same bail as previously.