CAR HITS BUS

YOUNG MAN FOR TRIAL

CHARGE OF FAILING TO STOP

A sequel to a collision between a bus and a car early on Sunday morning, January 16, was heard in the Upper Hutt Court yesterday, before Mr. H P. Lawry, S.M., when Eldon Charles Cosford, a hairdresser, aged 23, was charged with failing to stop after an accident and with negligent driving. ■He pleaded not guilty. Senior-Sergeant H. C. D. Wade prosecuted, and Mr. J. S. Hanna appeared for the defence. Adam Stein, a bus driver employed by the Railway Department, said that at 12.20 a.m. he was driving from the Brown Owl on his correct side of the road at not more than 27 miles an hour. Just as he rounded a shavp bend on the slope south of the Maori Bank tearooms he noticed a car coming in the opposite direction at a high speed. This car was on the correct side, but as the result of his speed the driver of the car was unable to keep to the left of the centre line. The car went about two feet over on to the wrong side and grazed the side of the bus. flattening the rear mudguard. Witness stopped the bus, but the driver of the other car continued on at a high speed. There was bright moonlight at the time. The road was narrow and the bus was as far over to the edge of the road as possible. Florence Ida McCurley, the only passenger in the bus at the time, also gave evidence. Inspector C. A. J. Peterson, of the Transport Department, stated that at 12.50 a.m. on January 16 he was driving through Maori Bank when his headlights picked up a shining object on the road. He found a portion of a metal motor-car wheel cap and five pieces of a motor-car door handle. CALL AT GARAGE. Philip Henry Wilton, a garage proprietor, of Featherston, said that about 8.30 a.m. on January 16 two men called at the garage. One gave his name as Elton Charles Cosford, 335 Willis Street, Wellington, and said that he had had an accident "up the hill" and asked witness if he would tow the car to the garage. Witness went up the Rimutaka Hill and found a car in the ditch on the bank side of the road. Cosford said that he had had trouble with the lights of the car and just before the accident both lights had gone out. He had steered into the bank rather than risk going on to the other side. There was no sign of either of the two men having had liquor. Cosford had one of his hands bandaged. The car was towed to the garage. On January 24, said witness, Constable Williams called on him with parts of a car. The hub-cap of the front right-hand wheel had been knocked off and he had picked up the screw part of a cap in the ditch. The portion of the hub-cap in the constable's possession completed the hubcap which he had ; picked up. The front door handle of the car was missing. Two pieces corresponded with the parts missing from the car, but a small part was missing where the handle was actually broken off. He was unable to say definitely that these parts came from this car, but he was definitely of the opinion that these parts came from the same type of car. The housing of the rear righthand door of the. car was missing; and the three pieces of housing which the constable had were definitely identical- with those that were missing. ■ ■- • ■ ■ .'■ ■■■ The defendant admitted in court th'ar he had called at the garage. Constable G. C. Urquhart, oi" Wellington, said that when he called on Cosford on January 27 the defendant refused to make a statement until he had obtained legal advice. When asked if he was driving when he struck the bus, he replied that he was. His friend Page did not drive at all that night. The defendant said he had his reasons for not stopping, but he would not give the nature of these reasons. He would not give any information about the noise of impact, speed, etc. On January 28, said the constable, he called back to see the defendant, who said that he had consulted Mr. Hahna, who had instructed him not to make a statement; •• The defendant said there was no liquor involved. Constable Williams, of Upper Hutt, also gave evidence. Mr. Hanna submitted that there was no proper case for trial. At a corner the defendant happened to graze a wide bus. There was no element of drink or personal injury. A bit of paint was knocked off the bus and part of the hub-cap and a door handle of the car were damaged. The accident was trifling. It was so unlikely that a jury would find the defendant guilty that he thought it would be proper if the Magistrate saved the country the expense of a trial. The Magistrate said that this was a new offence and the legislation governing it had been created less than two years ago. If a prima facie case had been established he thought he must send the defendant for trial. The offence was not connected with the accident but with failing to stop after it.

On the charge of failing to stop after an accident, Cosford was committed to the Supreme Court at Wellington for trial. The negligent driving case was adjourned.