ALLEGED NEGLECT

Ashburton Guardian, Volume 56, Issue 264, 20 August 1936, Page 6

ALLEGED NEGLECT

DRIVING OF A MOTOR-CAR.

COMMERCIAL TRAVELLER CHARGED.

SEQUEL TO WINSLOW FATALITYCOMMITTED FOR TRIAL. Arising out of the fatal accident on the Main South Road on the evening of June 17, when Miss Mary Emily Lowe, of Hinds, was killed in a motor collision, DeLacy Cameron, commercial traveller, of Timaru, appeared in the Ashburton Magistrate’s Court this morning charged with having driven a car in a negligent manner, causing death. Mr E. F. Nicoll, J.P-, and Mr G- H. Lamb, J.P., were on the bench. Nine witnesses were heard. Sergeant J. F. Cleary conducted the case for the police. Mr W. F. Tracy appeared foi Cameron and Mr G'. G. deC. Drury appeared on behalf of the relatives. Constable R. P. Chibnall said that he went to the scene' of the accident and saw chalk marks outlining the positions of the two cars. There were marks on the road leading toward the point of the collision between the two cars. The' following day he made measurements, and produced a sketch plan of the scene. The point of impact was 4-10ths of a mile from the Winslow station. A car drive'n by T. P. Lowe had had its right side torn arid twisted. The front right-hand wheel and mudguard of Cameron’s car were damaged. The point of impact was foui feet from the edge of the' bitumen. Cameron’s car stopped 60 feet from the point of impact, leaving a slightly curved trail on the road surface. Parallel with the trail was a broad rub mark. Cameron s car was, facing south-e'ast, on the wiong side of the road. Lowe’s car was 28 feet north of the point of impact. To the north-east of the point of impact a sixfoot scour in the shingle ran parallel with the edge of the bitumen. In this there was a pattern of a tyre tread similar to the tread on Cameron’s front left tyre. On the night of the accident the we'ather was clear, without a moon. Photogiaphs of the scene, taken by witness, were produced. Lowe’s car was on its correct side of the road, at an angle', facing back the way it had come. The First Collision. William Henry Simmons, farmer, ot Lowcliffe, said that on the evening in question he was driving his car along the road, going north at the scene of the accident. He overtook a car (Lowe’s) at Winslow, passing it at a speed of about 40 miles an hour. A car going south passed him at a culvert. It was travelling ‘‘pretty fast,” but he could not estimate the speed. It hit the back righthand mudguard of witness’s car. As this happened hd heard a noise, but did not feel any bump. One of the back doors flew open. Witness pulled up, but could not see anything in the way of damage. Then he realised there had been an accident behind him. He drove back to the scene of the accident. He was on the side of the bitumen when the other car passed him, but wholly on the bitumen. When he stopped, the left-hand wheels were on the shingle. When he went back to the accident, he saw two cars on the western side of the road, about 25 feet apart.

Sergeant Cleary: Think again. Mr Tracy: Hd has given his estimate.

Sergeant Cleary: All right. Go on. Witness described the positions and condition of the two cars. He saw accused some time after, standing alone' beside his car. He was very talkative, but he did not see anything else about him. He would not say accused was intoxicated. He may have? had liquor. Sergeant Cleary: Did you see any sign of liquor on him? Witness: A man can be sober, but a bit intoxicated.

Sergeant Cleary: Was he sober? Witness: It was some' time after the accident when I saw him.

Sergeant Cleary: Well, did you see me there ?

Witness: Yes. Sergeant Cleary: Did we' examine your car ? —Yes.

Witness went on the say what had happened after Cameron’s car hit his car and said he had not been in any other accident that would have put the dent he saw in the mudguard. The lights on Cameron’s car were very bright, but he did not have the impression of being drawn toward the other car. He did not know how far behind him Lowe’s car was prior to the accident. He stated that Cameron’s car was on the centre of the road before it passed witness’s car. Evidence by T. P. Lowe. Thomas Peter Lowe, of Hinds, said he was driving his father’s car to Ashburton. Miss Watson and his mother were in the front with him and in the back, behind him, was his sister (deceased). Two other siste'rs were also in the back. His speed was between 30 and 35 miles an hour, and he was on his correct side of the road. Near Winslow, a car (Simmons’) overtook him and two or three car lengths ahead it turned to its left side of the road. Ahead he saw the lights of a car approaching. They were strong. As the car came towards Simmons’ car, its lights were hidden by Simmons’ car and witness saw them again as the'y passed. They did not seem to be dangerously close to Simmons’ car, which was still on its correct side. He did not notice any contact between the two vehicles, but Cameron’s car took a turn out t° c ° l ‘ rect side. It then turned back,into witness’s car. Before he could turn off on to the shingle, Cameron’s car collided with his, and swung it round. His sister was thrown out on to the road. Another sister (Mrs Farrell) was thrown out on the opposite side of the car. Sergeant Cle'ary went on to ask wit-

ness regarding the condition of accused, and Mr Tracy raised an objection. Mr Tracy: Are you suggesting liquor in this case ?

Sergeant Cleary: I am entitled to get the' evidence.

Mr Tracy: But you had evidence at the inquest, time and again, that there was no suggestion of intoxication. Sergeant Cleary: I want to get the facts. I have no desire to prolong thd case. Mr Tracy: I am glad to hear that. Witness went on to say that the weather was fine and starry at the time ot the accident. Passengers’ Statements. Donald Murdoch Bruce, farmer, Lowcliffe, who was in Simmons’ car, said that Simmons pulled to his correct side of the road after passing Lowe’s car. He saw the approach of Cameron’s car and it came into slight contact with Simmons car as it passed. He was prepared for a collision when Cameron’s car was 17 to 20 yards away. It was travelling fast. He heard the noise of the collision, loud and sharp, but there was no jolt. As he got out of Simmons’ car he heard the sound of a collision behind him. Witne'ss described the scene of the fatality, and said that he heard accused ‘‘talking a lot.”

Rita Isabel Bruce, wife of the previous witness, who was also in Simmons cai, gave evidence on lines similar to that of her husband. Simmons’ car was well on its correct side of the road when Cameron’s car bumped it, she said.

Corroborative [statements wjere given by Mildred Joy Simmons, who was also in the car.

Florence Joyce Watson, residing at Hinds, who was a passenger in Lowe’s car, said Simmons’s car was directly in front after passing, and Lowe’s car was on the left hand side of the road. She saw the lights of Cameron’s car far ahead, and she then commenced to speak to Mrs Lowe, who was beside her, on her left, and did. not notice them again till she saw it coming straight at Lowe’s car from an angle, across the road. After the collision, Cameron’s car engine was roaring. She saw Cameron after Hie accident, but she did not speak to him. She heal’d him say that Lowe’s car had run into him, and that he had been scratched on the face, which w r as bleeding. Cameron said that another car had hit his car before Lowe’s hit it.

Sergeant Cleary gave evidence regarding observations made at the scene of the accident, shortly after it occurred. He found two cars on the west side of the road, 28 yards separating them. He located accused near his car, and he told witness that a third car had been involved, but had not stopped. Witness located that car (Sommons’), and returned to accused. He noticed that accused had difficulty in speaking, and, smelling liquor on his breath, asked if he’ had had whisky. He replied “No.” Witness asked him what liquor he had had, and accused replied “Brandy.” In answer to further questions he said he had had two brandies at the 1 Ashburton Club with an Ashburton man at 4.45 o’clock, and that he had then packed up ready to leave Ashburton. Later, witness again saw accused and asked him to inspect the tracks on the road with the aid of a torch. Witness gave details of the marks noticed. Witness said: “You were well on your wrong side; you must admit that. He replied: “I was on my wrong side there.” When the question of drink was mentioned, he asked accused to walk down the road in the light of a car. His walk was steady and there was no indication that the brandy had affected his gait in any way. His speech then became normal and he appeared to be attempting to hold his breath. Witness then detailed measurements made at the scene the following morning. He? made two searches for indications of the point of impact between Simmons’ car and Cameron’s car, but without success. There was a faint mark, 28 paces long, from the point of impact, curving slightly to the east, and appeared like a mild skid mark. After evidence regarding the death of Miss Lowe had been given by the Clerk of the Court (Mr J- W. Pooley) accused pleaded not guilty. Mr Tracy made application for the case to be lie'ard in the Supreme Court at Christchurch, instead of at Timaru, urging the question of extra expense that would be involved with Timaru as the venue.

Mr Nicoll said the Bench was placed in a difficulty, and there! had been a good deal of comment about a recent case which was sent to Christchurch, The Bench was not satisfied that Mr Tracy’s case for the change of venue was strong enough. Accused would therefore be committed to the Supreme Court at Timaru for trial in October.

Accused was released on bail, £IOO self, £IOO in one surety, or two sureties of £SO each.