MOTORIST CONVICTED.

New Zealand Herald, Volume LXVI, Issue 20249, 8 May 1929, Page 12

MOTORIST CONVICTED.

DEATH OF YOUNG WOMAN.

CAR NEGLIGENTLY DRIVEN.

RECOMMENDATION TO MERCY.

[BY. TELEGRAPH- —OWN CORRESPONDENT.] CHRISTCHURCH, Tuesday.

After well over an hour's deliberation tho jury at the Supremo Court to-day convicted John Boyd Clark of causing tho death of Maureen Doris Mitchell, on March 31, through tho negligent driving of a motor-car. Clark was found guilty of not exercising sufficient care under the conditions obtaining on that night, but the jury entered a recommendation to leniency. Clark was remanded by Mr. Justice Adams until Friday for sentence, being released on the undertaking of his counsel, Mr. C. S. Thomas, that ho would appear.

Opening tho case for the Crown Mr. A. T. Donnelly said a party of four had been to Dixieland Cabaret on March 30 and were driving down High Street, when, in attempting to turn into Manchester Street at tho clock tower, the car struck a post. Miss Mitchell was killed and another passenger injured. It was alleged that accused drove negligently and at a reckless speed. There was no suggestion of drink either in the case of Clark or any of his passengers. The caso was of importance to the public in view of the ever-increasing traffic and consequent number of accidents. Evidence oi Passengers. Cecil Spence Penlington, < the injured passenger, said ho remembered nothing from a few minutes past midnight until ten o'clock next morning, when he partially regained consciousness in hospital. Norah Rich, tho fourth passenger, said Miss Mitchell was sitting on Penlington's knee with her back to the left-hand door of the car, which, after hitting tho post, spun completely round. It -was a very wet night and the speed of tho car did not appear to her to be a' high one. Several eye-witnesses of the accident stated that the speed of the car was excessive and the driver had no chance of making the turn. One witness stated that the brakes were apparently jammed on, whilo another thought the back wheels appeared to skid on the tramlines. Another witness said the car spun round four or five times like a top after hitting the post. Herbert Roland Isaacs, shop manager, of Dunedin, who was driving a similar car down High Street and arrived on the scene immediately after the accident, said ho examined the damaged car and found it in top gear. Tho hand brake was full on and the foot brake stuck. An Estimate of Speed. Witness explained his qualifications as a racing driver and his experience with his own car at high speeds in the matter of skidding. Clark's car, he said, had started on a two-wheel skid and had developed into a four-wheel skid. The witness estimated the speed from the marks on the road and the damage to the car at more than 40 miles an hour. He would not consider it safe to travel at more than 20 miles an hour that night.

This concluded the case for the Crown and the foreman of the jury stated that all the jury had seen the damaged car. Mr. Thomas did not call evidence and Mr. Donnelly intimated that he had nothing further to add. Addressing the jury, Mr. Thomas said the whole of the Crown's case rested upon "speed." There was no question whatever of drink. The Crown witnesses merely said the accused was going too fast. There had been no speed stated. It would be entirely unsafe to convict. The jury retired at 4.30 p.m. and returned at 5.52 p.m. with the verdict of guilty.

COLLISION WITH CYCLIST,

STUDENT SENT FOR TRIAL.

[BY TELEGRAPH.- —PRESS ASSOCIATION.]

OAMARU, Tuesday,

Moss Wylie, a university student, was to-day committed for trial on a charge of negligently driving a motor-car, thereby causing the death of Magnus Laing. The charge was the sequel to a smash near Hampden on the night of April 2 when deceased, a cyclist, was run down by accused.