ON THIS DAY - June 9, 1907 ELWOOD MOTOR CAR FATALITY. Manslaughter charge fails Patrick James Barklie a young man, was placed in the dock at the Supreme Court criminal sittings yesterday for trial. before Mr Justice Cussen and a jury of twelve, on the charge of manslaughter laid against him in connection with the death of the Rev John William Gillett, who was killed through being knocked down and run over by a motor car driven by the accused at Elwood, on Sunday, June 9. Mr Leon prosecuted on behalf of the Crown, and Mr Maxwell (instructed by Messrs Cleverdon and Fay) appeared for the accused who pleaded not guilty. Evidence was called for the Crown similar to that given at the coroners inquest. Thomas A.Orchard said that the car swerved across the road just before striking the deceased as if it had encountered the tram rails. He did not see the deceased run across the road. Mrs Francis Nathan, who was in the motor-car when the accident occurred said that if the cart had gone straight ahead it would have passed Mr Gillett safely. The driver sounded the horn, and Mr Gillett turned round, and ran across the road. It seemed as if he had cleared the car, but one of his feet appeared to get caught, and he dropped back on to the car. The car was going at about eight or ten miles an hour. Mr Maxwell asked if there was any case for a jury. Mr Justice Cussen said that it should be left to the jury to say whether the car was going at an excessive rate of speed. The jury retired, and, on returning ten minutes later said that they did not wish to hear any more evidence. The accused was accordingly discharged.
Posted on: Mon, 09 Jun 2014 00:15:01 +0000
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