THE CHRISTCHURCH MOTOR FATALITY.

Gisborne Times, Volume XXVII, Issue 2649, 3 November 1909, Page 5

THE CHRISTCHURCH MOTOR FATALITY.

MAGISTRATE’S COURT PROCEEDINGS'.

(Per Press Association, t CHRISTCHURCH, Nov.2

At the Magistrate’s Court to-day, before Mr. S. A. B. Bailey S.M., the case against Wm. Averill Humphreys, charged with having ..committed manslaughter on Labor Day by causing the death of Captain Pavitt, of fib© Civil Service Rifles, by his motor car collmin o- with tramway, poles, was taken. The accused Avas charged that, on October 13th, 1009, at Christchurch, no did, by negligent and improper driving of a motor car, cause the death of one Wm. Ostell Pavitt, and did thereby commit the crime of manslaughter. Francis Dennison Maurice, a teacher at the training college and a member of the Civil Service Rifles, stated that he Avas at the manoeuvres on Labor Day. He had left toAvn for the manoeuvres a little after 2 p.m. in a car driven by the accused. He had gone along the north Riccarton road. Consol: Did you notice his condition as to sobriety? i Witness: T noticed him as under the influence of drink. 1 Avas sitting in front alongside him. Counsel: What did you notice that led you to that conclusion? Witness: Several times he did things that shoAved that he could not see properly. At one time he tried to unlock the screen, but only unlocked one side and not the other side, and he did this several times. Counsel: Did he say anything about pace? , , Witness: Only when avo got hetAveen Riccarton and Yaldhurst. He said that the car Avas only going twenty miles and ought to he going at forty. He took the screen down, lie said, because of the Avind. When avo got almost to Riccarton racecourse ho said that Ave had passed Yaldhurst and turned tho car round. It took us some time to convince him that ho was wrong, but ho Avas ultimately prevailed upon to turn round and go on the Avay. Ido let go of tho wheel in order to make a cigarette. I thought this Avas dangerous, and I got hold of it myself. Continuing, Avitness stated that about half an hour or three-quarters of an, hour before he started from Yaldhuntt he saAV the accused in the store at Yaldhurst. . Counsel: What Avas Ins condition then ? Witness: He was just about the same. Counsel: As lie appeared to be under the influence of liquor?

Witness: Yes. Counsel: I:i your judgment Avas he in a condition to drive the car properly to Christchurch? Witness: No. Witness, continuing, said that on the Avav out the accused had stopped at Bush Inn and wanted those in tho ear to go in and liai-e a drink. They had refused, and accused himself had not gone in. Herbert Webb, chaffeur for J. Ballantyne and Co., stated that he saw the accused get out of his car at Yaldhourst and go straight into the hotel. He noticed accused’s condition. He was under the influence of drink. He noticed the accused enter the hotel three times, and between the second and. third time, when lie Avalked to his car, witness saw that the accused was unsteady in his gait, and whilst fixing something on the bottom of his car he overbalanced and fell into the bottom of the car.

Counsel: In your opinion was he is a fit condition to drive? Witness: No. That is one of the reasons I did not start with my car. Counsel: You were afraid to go on the road while ho was driving in that condition ?

Witness: Afterwards I got orders to go to Rangiora, and went a different road.

After his evidence had been read over: to him, witness was asked by the Grown Prosecutor: What do you mean bv ‘Was one of tho reasons I did not start’ ?”

Witness replied: I didn’t think that Humphreys was capable of driving tho car, and he might have hit me or ran into rne. At the time I was waiting for orders. ' I then got orders and went to Rangiora. Frank Cresswell, Lieutenant-Colonel in the volunteers, stated that he saw tiie accused at Yaldhurst between 3 and 4 o’clock.

Counsel: Did you notice anything about him?

Witness: We could not help noticing him. He was standing about liis caioertainly under the influence of liquor. He was certainly not in a condition to drive a motor car safely and properly. Counsel: Would you yourself have gone in his car if he was driving? Witness: No. I had him under observation for about half an hour before we started. In consequent) of Humphreys’ condition I spoke to Cajitain Foster.

Charles George Foster, captain in volunteers, unattached list, stated that he was one of the umpires at the manoeuvres. Between 3 and 4 o’clock in the afternoon lie had been with Lieut.-Colonel Cresswell. Standing on tho opposite side of the road to where accused apd his car were he had noticed accused’s condition. Counsel: What was it? Witness: I considered he was under the influence of liquor. Counsel: What gave you that impression ? Witness: The fact that lie was staggering considerably whilst conversing with others, and seemed to rest on the car on several occasions. He caught hold of tho car to steady himself. Counsel :, Was he, in your judgment, in a fit condition to operate a motor car ? Witness: I 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 ol accused and of what Lieut.-Colonel Cresswell told me. I spoke to Lieut.Colonel 'Smith. John Charles Hartley, lieutenant in the Cycle Corps, stated that accused at Yaldhurst after the manoeuvres appeared to him to have had liquor duinig the day. When walking from the hotel to his car lie was not very steady. Witness would not have ridden in a 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 tlio accident- occurred; was also", given.- - Counsel for accused asked for a rey mand in order to give him an opportunity to - decide"/ what evidence lie should call,, and if he should call evidence in rebuttal.-. This course woud probaby help to shorten tho proceedAucused was then remanded till 3 p.m. on Thursday, and was released on the same bail as previously.