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Insists He Stopped Before He Hit Cycle
Denies failure to obey
sign – faces manslaughter charge
Toronto Star, February 12, 1935
Harland Freemantle, 20, of Beaumaris, Muskoka, charged with
manslaughter arising out of the death of Wesley Mclean, 21, telegraph
messenger in a motor mishap, November 23, today denied the crown’s
allegation he had “gone through” the stop sign on Shaw St. at Harbord
St. just before the fatality.
The telegraph messenger was struck as he was riding a racing bicycle
along Harbord St. about 10:15 p.m.
Freemantle also denied he was traveling about 30 miles an hour.
In a statement written in his own hand, Det. John MacArthur pointed out
Freemantle had said he was driving with his sister, Myra.
“When I reached Harbord St. I brought the car to a full stop,” it read.
“Having looked east and west on Harbord St. and north on Shaw to see
that traffic was clear, I proceeded across at 20 miles an hour…I did
not see the rider on the bicycle until almost the moment of the impact.”
In the statement Freemantle denied using alcoholic beverages or smoking.
Myra Freemantle, sister of the accused, was the first witnesscalled by
J.C. McRuer K.C., defence counsel.
“As he (accused) approached Harbord St he brought the car to a stop, a
short distance before the stop sign,” Miss Freemantle testified.
“Then he proceeded slowly across the intersection. I don’t know the
speed but it was in second gear.”
“The first intimation I had of the bicycle was when I saw a flash of
red in front and heard glass break, “ she continued.
“It has been said the car was going 30 miles an hour. What do you say
about that?” asked Mr. McRuer. “No, it was not going that fast,”
witness replied.
Defence counsel called six character witnesses, including George
Freemantle, the youth’s father and Rev. Dr. W. E. Taylor, of Wycliffe
college.
Taking the stand, Freemantle said, “I saw the stop sign and stopped a
few feet to the south of it.”
“I put my car in to second gear. All I saw was a car approaching from
the east. I had my gaze rivitted on it because it was the only vehicle
I saw.”
“I was accelerating in second gear,” he continued. “I was completely
across the intersection and entering Shaw St. when this bicycle
appeared in front of me.”
Accused said he did not see the cyclist until almost the moment of
impact.
Freemantle denied he had shown P.C. John Neale, police motor expert any
skid marks alleged to have been made by his car.
“To what rate of speed would you say you had accelerated your car?”
asked Mr. McRuer. “Not over 20 miles an hour.”
Accused pointed out that when he first applied the brakes, they did not
grip well but the second time they slowed up the car.
Clarence Hastings, automotive engineering expert said McLean’s racing
bicycle had no regular brakes and could only be stopped slowly by
reversing the pedal movement. He said a person traveling “at any
speed would have to rely on steering to avoid an accident.”
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