PEDESTRIAN'S DEATH.

Auckland Star, Volume LX, Issue 260, 2 November 1929, Page 10

PEDESTRIAN'S DEATH.

CHARGE AGAINST DRIVER.

JURY FAIL TO AGREE.

NEW TRIAL ORDERED

After fourjhours' retirement the'jury in the case.'in which William .David Weller (33) was charged with negligently driving a motor van and thereby causing the death of Samuel Leathern, failed to agree, /and a new trial was ordered. The charge was heard yesterday before ; his Honor Sir Alexander Herdman. Mr.. E.HHr. r Northcroft appearedtfor.'the accused, and Mr. V. % 'Merediths for the -Crown. • •• . The* evidence for the Crown was that : 6n thel^:evening ;; :bf July 2-1 a:' tramcar stopped at the comer of Salisbury and •New "North' Roads 'and two' passengers alighted.■ Before"the tram had Started again a'ccirted; approached from behind ■with his''van/and. crasTie'd into the car, iknpcking down. and' : /killing \ Samuel 'L6athemy one/of the -two"passengers/ who got off the tram.' While some of the 'witnesses 'considered' accused.' intoxicated, others sta'ted that they saw nothing to he had been drinking. :j,Giving evidence.himself,.'accused said >he had. only .two drinks "that day.. On approaching/the tra.rncar'he .. saw the rear; stoplight on so'he eased up. When' :the. stoplight.went, .out he.;took it that ;the tram' was ■ starting;;and: lie speeded •up-his .van."; J;ust.i;as he < did so the deceased appeared to step out from the tram, and" there, was no chance, of avoiding him. The: striking of deceased caused the van to swerve in and hit the tram. .. In answer to Mr. Meredith,, accvised said, that he was upset when lie knew what had. happened, but.he was abso? lutely sober. He did not own the bottle of whisky" which was lying broken on the ground; -;i'-. ."■' Albert Robert Larney, a barman, said that on the evening of the accident the deceased (Leathern) had called at the Edinburgh Castle Hotel and purchased a bottle of whisky, which lie took. away. A new trial will : take place during the present, session.