THE CHRISTCHURCH MOTOR FATALITY.

Gisborne Times, Volume XXVII, Issue 2651, 5 November 1909, Page 5

THE CHRISTCHURCH MOTOR FATALITY.

DRIVER OF CAR COMMITTED FOR

TRIAL.

ll'ltlt PItKHH AaNOMATION.'I 'CHRISTCHURCH, Nov. 4. At the Magistrate’s Court this afternoon, before Mr. T. A. B. Bailey, 5.M,., the charge of manslaughter against W. A. Humphreys, on remand, ■was resumed.

Counsel - for accused . said that he intended calling evidence simply on the question of alleged sobriety. George John Smith, lieutenant-col onel No. 2 Canterbury Battalion mer chant, and member of 'lie Leg.-.si a live Council, stated that he war at YaU hurst on October 13th. and was on only as one of the umpires at the military manoeuvres. The owners of motor cars had placed their Oars at the disposal of the defence authorities, for the .purpose of conveying the troops to Ya'ldhurst; He believed, but did not know of his own knowledge, that Humphreys’ car was amongst them. On that afternoon he had first seen t)ie accused between 3.30 and 4 p.m. Accused was standing by his motor car. Replying to witness, accused had stated that his car could' carry four or, including himself, five. Witness had instructed Captains Salter and Pavitt and other officers to go by the accused’s car. Counsel: Had v ou gone to ask Humphreys for a purpose? Witness: Yes.

Counsel : Did. you speak to him in consequence of.something that had been said about his sobriety, or want of sobriety? / Witness: Yes.

Counsel: Did you satisfy yfourself as to his condition ? Witness : I was satisfied that he was sober. I turned to Captain Salter and saicj, “This man is all right,” or something to that effect. Continuing, witness stated that lie would not have had any hesitation in going in Humphreys’ car himself. If there had been any risk witness would have probably kept the car back, but lie did not consider that there was any risk at all. There were some men in the car before the officers got in. He had ordered the men out, as he 'Wanted officers to go first to pay the men. Counsel for the prosecution: Did you instruct the men to keep their eye on Humphreys? Witness: No, I don’t think I did. Counsel: Was the reason that that car was sent away first, that you had been spoken t-o a,s to the condition of Humphreys? Witness: That was the reason. The officer commanding the district toid me that it had been reported Humphreys had been.drinking. Would I see to him, and get him away early. I wanted the paymaster to get to town early, and sent him off by the first car. Captain Pavitt was the paymaster. Counsel: Notwithstanding the officer in command’s remark, you said nothing to the men in the car? Witness: Certainly uot. I thought he was sober. I was satisfied he was sober.

Chas. James Cooper, lieut.-colonel of volunteers, and manager in Christchurch of the London and Liverpool and Globe Insurance Company, stated that he was one of the umpires at the. manoeuvres, and being anxious, to got his Lyttelton men away, he had asked accused if he was going to town, and if he would take some of his men. Colonel Smith had stopped them going a 3 he wanted his officers to get to town. Counsel: What was Humphreys’ condition at that time? Witness: To the best of my knowledge he was all right. Counsel: You saw nothing to suggest to you that he was under the influence of liquor? Witness: Nothing at all. Counsel: Had you sufficient opportunity of judging, do yon think, supposing he had been Witness: I spoke " .to him, and _ I think I should have noticed anything wrong. If that had been so I should not have put my men in his car. Counsel: You are accustomed to dealing with men. Do you think if anything had been wrong with him you would have noticed it? Witness: I think so. Counsel: Would you have had any hesitation in going in the car yourself? "Witness: None. Continuing, the witness said that he was about 30 yards away from the accused’s car when he started. Humphreys came into town from the scene of the accident in the car in which witness was. He had gone with Humphreys to the police station, and had heard his statement. Dr. Gibson stated that Humphreys had been in his company at Yaldhurst. for about half-an-hour, andhe had angle opportunity of judging of Ins condl Counsel: What was his condition? Witness: He was certainly not intoxicated. . He was in a normal concliCounsel: It did not occur to you that there" was anything wrong with I did' not think anything further evidence was given, and-the accused was committed for trial.