LORRY SPRING BREAKS.

Auckland Star, Volume LIX, Issue 70, 23 March 1928, Page 5

LORRY SPRING BREAKS.

DRIVER SENT TO GAOL

SEQUEL to fatal accident

MAGISTRATE'S WARNING.

(By Telegraph—Own Correspondent!) OrOTIKI, this day. A special sitting of the Police Court, which was held yesterday, lasted till nearly midnight, while Mr. S. L. Paterson heard charges against Frederick Parkinson, that he was in a state of intoxication while in charge of a motor vehicle, and that he drove negligently and thereby causcd the death of Te Awaroa Tarau, a Maori chief.

The case aroused considerable publicinterest, and the Court was crowded.

Mr. E. Bunkall appeared for iceuscd, and Detective McLeod prosecuted.

The detective stated that accused had several drinks at two hotels, and he left town in a lorry, and when about a mile out he ran into a car which was on its proper side of the road. When he was brought to the police station he showed sure signs of intoxication, and went to sleep.

Evidence was given by over 20 witnesses.

Thos. Selwyn stated that he was driving a car into town on the correct side of the road when the lorry ran into the car. Both vehicles had lights on, but when they were about to pass the lorry suddenly swerved into the car, which was hurled to the side of the road, while the lorry ran into the grass on the wrong side of the road. Accused looked dazed after the accident. Witness saw the Maori lying on the road. Leonard Home, a garage proprietor, said he was of the opinion that the main spring of the lorry broke, owing to the lorry hitting "pot-holes," and that the undercarriage fell to the road and caused the lorry to swerve suddenly. Conflicting evidence was given regarding Parkinson's sobriety before and after the accident. »

Parkinson, in evidence, admitted that he had some drinks and that he. bought a keg of beer when he was going home. He said he did not see the car coming, nor any lights. The first thing he-knew was that there was a crash. He thought the car had struck the lorry a glancing blow. When in the police station he felt sleepy, as it was past his bed-time. He was of the opinion that the accident was brought about by a broken spring. Summing up, the magistrate said the balance of evidence showed that a broken spring was the probable cause of the accident, and he therefore dismissed the charge of negilence. All the signs taken together pointed to the fact that accused was in a state of intoxication, and not in a fit state to be in chargc of a dangerous vehicle such as a motor. He (the magistrate) had given due weight to the evidence on behalf of the accused, and also the medical tests, which were very poor and unsatisfactory. Counsel said accused had a very good record. There had never previously been complaints regarding his sobriety. He was a married man with twelve children. He was undertaking very responsible work, and he particularly asked that his license be not cancelled. The magistrate said that as the accident was not due to drunkenness, he would sentence accused to fourteen days' imprisonment, and in addition he would order that his license be cancelled for twelve months unlesa he took out a prohibition order within fourteen days. Mr. Pater son issued a warning to the public that these cases must be stopped. Only under exceptional circumstances in future cases would he inflict lines.