DISMISSED.

Taranaki Daily News, 18 January 1921, Page 6

DISMISSED.

MANSLAUGHTER CHARGE.

NEW YEAR’S EVE FATALITY.

NO PRIMA FACIE CASE. Arising out of the death of a young lady, Ruby M. Coates, from injuries received in a motor collision at New Plymouth on New Years Eve, Year’s Eve, John Barrafi, motor mechanic, appeared before Mr. T. A. B. Bailey, S.M., at the New Plymouth Court yesterday on a charge of committing manslaughter, through driving his on the wrong side of the road. Senior-Sergt. McCrorie conducted the case for the police, and Mr. J. H. Quilliam, with him Mr. R. H. Quilliam, appeared for the accused. In outlining the facts, Senior-Sergt. McCrorie said that shortly after ten o’clock on the night of December 31 a motor car driven by Barras, and also carrying a passenger named Monteath, was going along Gill Street extension, and came into collision with a motor cycle, ridden by Rupert Grey, and having attached a sidecar in which Miss Coates was riding. As the result of the impact Miss Coates received fatal injuries. Dr. Wade gave evidence as to receiving a call on December 31 to Newton King’s garage in Gill Street. He found Miss Coates lying in the waiting room. From her injuries he concluded she was suffering from a severe fracture of the base of the skull, and ordered her removal to hospital. She died the following day. After further evidence had been taken his Worship adopted a suggestion made by counsel that he should view the scene of the accident, and an adjournment was made to enable this to be done.

ACCIDENT DESCRIBED. L. M. Monteath, passenger in Barias’ car, eaid they came along St. Aubyn Street into Gill Street, the speed being about 15 miles per hour. They were on the centre of the beaten track in the road and saw a motor cycle coming along in the opposite direction, on the correct side of the road. When Barras saw the light he pulled to his right, and the cycle came straight across the street, the sidecar colliding with the motor car. The motor cycle Was travelling about double the speed at which the car was going. He did not notice there was a sidecar attached to the cycle ufitil the collision. The car pulled up within a few yards. When he walked back he noticed Miss Coates lying on the ground. Together with Grey he carried her into the garage of Newton King, Ltd. The engine of the motor cycle’ was still running. On the front of the car there were paint marks, a slight dent in tfce apron by the radiator, and the left mudguard was dented. When they first saw the cycle he did not think Barras made any attempt to put on the brakes. To Mr. Qiiilliam: The motor cycle had a bright light, but he did not notice any sidecar. About ten minutes after the accident witness was talking to Grey (the rider of the cycle), who said he could not see the car, only the lights, and that he tried to pull away but the cycle would not respond. In witness’ opinion, Barras did the right thing, for if he had turned to the right the vehicles would have met head 4m: if he had turned to the left there would have been no possibility of avoiding a collision.

CYCLIST’S EVIDENCE. Rupert Grey, farmer, of Omata, said that on the night of the accident he got his motor cycle and sidecar from the garage about ten o’clock. There were two lights on the cycle, an electric one and also a gas one showing up the sidecar. Witness was driving, and his brother rode on the back. Miss Coates, was in the sidecar. They left the garage and turned down Liardet Street into Gill Street. The speed was then about ten miles an hour, and he was on his correct side uf the road and about six feet from the kerbing all the way along. When he first saw the car it dashed round the corner a short distance further on. As, soon as he saw the car, which seemed out of control, he pulled So as close as possible. The car did not aJter its course at all. Witness shut off the engine, putting the cycle in tree taut of gear) and applied the brakes. The car hit the front wheel, glancing oft on to the sidecar, which turned round with the blow and was dragged by the car further into the street. Witness was knocked off the machine. * There was no attempt to stop the car. After the collision he went to the machine, in response to the calls of his brother* The engine was running slowly. The accident caused tlje wheel of the bike to be torn off and the sidecar was wrecked. He fotmd Miss Coates lying a few yards up the road. He saw no car, but two men appeared while he was endeavoring ■to assist Miss Coates. Witness estimated the speed of the motor car at over 30 miles per hour. The accident happened about the centre of the bridge. To Mr. QuiHiam: His motor cycle was a fairly powerful machine. It was not morg difficult ■ to drive a cycle with a sidecar than without one. He thought it was easier. His speed was about ten miles per hour; the benzine was cut out and the machine was travelling on practically its own weight. He did not think he was making a mistake as regards Barras’ speed. At the time of impact the sideear would be about two or three feet from the gutter. there was no flight on the sidecar, but the gaslight ..showed it up.

MARKS ON THE ROAD.

Francis V. Grey, aged 12, brother of the previous witness, gave evidence on similar lines. He said the motor cycle was on the correct side all the time. Constable Hadler said that after the accident Barras said the collision was not due to his fault. He said he was °'oing / about 8 miles an hour, but after amended this to 15. Barras stated that he was on his right side of the road, and that Grey was on the wrong side. He was of opinion that accused was reluctant to tell anything about the occurrence.

Senior-Sergt. McCrorie said he was present after the accident, and examined the marks on the road. He saw some wheel marks which could be traced from St. Aubyn Street To the scene of the accident,' and Could be seen the following day and for some days after. There were no other marks on the road that night. John G. Arthur said he saw the motor cycle pass down Gill Street just before the accident, and he estimated the speed at about 15 miles per hour. When he had walked about fifty yards he heard the crash. From measurements since made he believed the speed would A Uttlg ovir ten

This concluded the ease for the police. PLEA FOR DEFENCE. In addressing his Worship, Mr. R. H. Quilliam pointed out that in a case such as the one under review the action of the accused must be the direct and immediate cause of death, and the grossest degree of neglect was required to make a man liable. He submitted that even if it could be shown that there was some degree of neglect, it was not that kind of neglect that would make a man liable. Counsel submitted strongly that ou the evidence a prima facie case had not been made out, and that the accident was due to the neglect of Grey in two respects, firstly that he was on the wrong of the road, and secondly that he was driving at an excessive speed. At the same time he did not admit that Barras had a case to answer. Counsel said there was a very common opinion that unless motorists were on the left-hand side of the road he was guilty of, neglect. His. Worship said he had always taken the view that the proper place for a motorist was slightly to the left of the centre of the road. Counsel said Barras was driving on the middle of the track which ran along the Gill extension, which was the best course in view of the nature of the street. After reviewing the evidence, Mr. Quilliam asked that the information be dismissed. MAGISTRATE’S DISMISSAL. His Worship said he did not think the case was one which ought to go before a jury. As a rule he had a great hesitancy in withdrawing cases, but his experience in motor car cases was that there had to be a very strong case before a jury would convict. Apart from this, however, if he thought there was a prima facip case he would leave it to the jury. On visiting the scene of the accident that day he saw cars driving past, and the ordinary person drove from corner to corner, which was probably a wise course. He did not think Grey’s statement was reliable, though the "witness, who had suffered considerable shock, was probably not wilfully misrepresenting the facts. '