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Crown Claims
Driver Caused Man’s Death
Ran down Bicyclist, should
have stopped, Counsel says
Toronto Star, February 11, 1935
Harland Freemantle, 21, went on trial before Mr. Justice Henderson and
jury in assize court today, charged with manslaughter following the
death of Wesley McLean, 21 year-old telegraph messenger boy, injured in
a motor accident last November 23. The messenger boy was traveling on
his bicycle east on Harbord St. and Freemantle was driving a car north
on Shaw St. “Accused,” stated Mr. Hayden, “driving his car, stuck the
man riding the bicycle and pitched the man who was picked up on the
sidewalk.
J.C. McRuer, K.C., appeared for the defense. Salter A. Hayden K.C., for
the crown related the fatality occurred at the intersection of Harbord
and Shaw streets around 10:30 p.m.
“The crown’s evidence will show he (accused) did not stop at Shaw
St., as he was supposed to but went right through the intersection and
struck the bicycle..”
Charles Higgs, an eyewitness, testified he saw the bicycle coming along
Harbord St. when it was about even with the sidewalk.
“Can you tell me anything about the speed that the car was going?”
asked Mr. Hayden.
“I guess it was going about 30 miles an hour,” Higgs replied.
“Witness said accused car “did not slow down, in my opinion”, as it
came to the intersection.
Higgs related that when the messenger boy was struck, he was thrown
from his “bike” to the northeast corner.
“The car dragged the bicycle up Shaw St. under the back wheel of the
car,” he added.
“What did you do?” “I telephoned the police.”
“Did you see the driver of the car?” “No.”
“The bicycle was traveling at an ordinary speed for a bicycle,” he
said. “It wasn’t going fast, nor was it going slow.”
During cross examination P.C. S. Hill, defense counsel brought out that
the bicycle in the accident was a racing bike with a connected gear and
no coaster brake.
“You brake it by pedaling backwards?” asked Mr. McRuer.
“Yes,” replied the officer.”
“It is not a very effective make?”
“I would say not.”
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