MOTOR FATALITY.

Auckland Star, Volume LV, Issue 169, 18 July 1924, Page 8

MOTOR FATALITY.

DRIVER SENT FOR TRIAL. * ■ CHARGE OF MANSLAUGHTER. (By Telegraph.—Own Correspondent.) HAMILTON, Thursday. At the Police Court to-day Joseph a Balle, taxidriver, was charged with i manslaughter arising from an accident c on May 6, when, it was alleged, a car * driven by Balle knocked down and 3 killed a youth named * Maurice Enoch ' Ansell. Sergeant Edwards conducted the 1 prosecution, and Mr. J. F. Strang ape peared for tlie accused. s . airs. R. F. Haycock said she saw c ISalle's car coming toward her with a c boy on a cycle travelling a short distance in advance. The sounding of the g horn was kept up for some time and , then came the crash. Witness did not g notice the boy hold out his hand or c give an indication of his desire to turn, ~ nor did he seem to realise that he was c in any danger. t (Harold Windsor, a Tamahere farmer, s who was driving his car behind Balle, t stated that accused looked behind and seeing him approaching, speeded up. - When witness first saw the cyclist Balle 1 was travelling at a speed of about 30 c miles an hour. The boy turned leisurely s in front of the oncoming car, without * holding out his hand. Had Balle con--0 tinued straight on the accident would have been avoided. It was clear to him that deceased intended crossing the road. J. Waitman, farmer of Koto-o-rangi, ° a passenger in Ballo's car, deposed to j accused having passed other cars on s the road travelling in the same direcs tion 4 The pace was nothing extraorB dinary. The cyclist gave no signal of . his desire to turn to the right. c In asking the Bench for a dismissal .. of the charge Mr. Strang contended c that a prima facie case had not been made out. The evidence simply indicated c excessive speed, but what was an excessive speed in one part was a reason--1 I able speed elsewhere. The tooy did not * hold out his hand, and Ms action Vac c quite unexpected by Balle. If Balle b had swerved to the left he had no » guarantee that the boy was not going to observe his warning at the last moment and also turn to the left. 1 The Bench held that a prima facie - case had been made out. Accused pleaded not guilty, and re- - served his defence. He was committed t to the Supreme Court at Hamilton for t trial. Bail was allowed in the sum of I £100, with one security of a similar - amount. On the ground that popular opinion had been more or less affected f by the great deal of publicity given to - the inquest, Mr. Strang Intimated that . [he intended moving for a change of I venue to Auckland.