FARMER IN DOCK.

Auckland Star, Volume LXI, Issue 201, 26 August 1930, Page 8

FARMER IN DOCK.

COMMITTED FOR TRIAL

DEATH OF "BEST FRIEND/'

FATAL MOTOR ACCIDENT.

CRASH AT MAHIA BRIDGE

Robert John Burling (aged 24), a fanner, of Piriaka, near laumaiunui, was to-day committed for trial in the Supreme Court on a charge of negligent driving, causing the death of one whom he had described as his " best friend."

Burling appeared before Mr. F. 11. Levien, v S.M., in the Police Court at Otahulni. The charge arose out of an accident which occurred at Maliia bridge, south of Manure wa,- on August 2, in which Charles Berry Simons was killed. The inquest into the death of Simons was heard simultaneously. DctectivcSergeant Kelly conducted the prosecution.

The principal witness was Lawrence Ro*e, a bus driver on-the Pukekohe service. He said Binding's car was travelling at between 45 and 50 miles.an hour when it passed his bus near Maliia about 10 p.m. The driver was taking perfectly straight course. Witness saw through his mirror that the car crashed against a telegraph pole, instead of taking the bend. The car was piled up alongside the pole. Passenger Found Dying. Witness and four or five passengers went back. Simons was lying face downwards on the bitumen. He was still breathing, but died almost immediately after he had been turned over.;. The driver, who had been standing by his car, got into the driver's seal as though to drive away. Witness warned him that there was danger of the car catching fire. Burling put his foot on the starter, but he took it off when witness said to him, "What about your cobber lying down there?" Burling got out of the car and went over to Simons. He sail]' he hoped lie was not dead. A little later the police and medical attention arrived. Witness said Burling wag dazed, but he (witness) declined to describe iiis condition after sueli a crash. lie smelt somewhat slightly of alcohol. Witness picked up a broken bottle partly filled with ale, almost in. the middle of the road. There was broken 50 or 80 feet north of the telegraph pole. Witness heard Dr. Jenkins ask Burling) two or three times, for his name Finally Burling gave it. His name was also disclosed by a membership card of the Savage Club at Taumannud. Witness heard'the defendant say: "Poor. Charlie. >••*» my uest friend."- Visibility was • : r on the night of the accident, and the concrete was quite dry. Witness could not say definitely if the street lights_at the bridge were on. The speed of the ear, he considered, was too great to negotiate the bend unless the driver . ..s itiliv aware of the bencl. Told His Friend Was Dead. Dr. Charles Campbell Jenkins, of• Manure wa, said that'-Simon's death was instantaneous. It: was due to a fracture of the skull, laceration of the brain, fracture of the left arm and. thigh and other injuries. The effect of alcohol on defendant, witness considered, would be that his judgment would be impaired, and he would not be fit to drive a car. In his | opinion both men had been indulging in alcoholic liquor. Burling did not know untilwitness told him that his friend was dead. He then bi'oke down completely. Before that lie had been rational. - Walter Hugh Simons, chemist, of Hamilton, and brother of the deceased, said he Jfad drinks . with Burling and his brother at Hamilton early in the afternoon. Both men were quite sober when tlicy left him. Evidence of Speed. Harold Fred Bowman, taxi driver, of Papakura, said that at 10 o'clock on the night of the accident his attention was attracted by a motor cat 1 travelling at about 40 miles an hour, It ■ suddenly swerved to the right, as though turning towards Clevedon, but pulled up near a fruit shop. Some one inquired from a bystander the way to Auckland. After the ear had gone witness picked up a pint beer bottle that had fallen oil to the road. '• Damage to the : Car. An examination of thfc car showed that the left-hand side and the hub were damaged and the. mudguard and running board were completely' torn off, said Percy W. H. Kimber, motor mechanic, of Manurewa. The hand brake was off, but witness, admitted . that someone might have interfered with the gear before he arrived. The brakes were in good order. .On.'the' right side of the car witness saw a white paint mark, which lie could not connect with the accident. The spare rim was also damaged and the extra tyre was burst. The front right wheel, mudguard, running board and rear mudguard were buckled.

Constable Maloney, of Papatoctoc, said the defendant had a cut one inch deep over the left eyebrow. His breath smelt strongly of liquor and he was* obviously intoxicated. He was certainly hot fit to drive the car. He admitted to witness that he had had a "spot" or two. He did not know what had happened and said he must have dropped off to sleep. Alleged Statement to Police.

Sergeant Howell, of Otahuhu, produced a signed statement, in which defendant, said- "My mind was practically a blank after I left Hamilton. My first recollection is seeing my mate on the road after the accident." Witness said Burling was unable to tell the police what time he left Hamilton, but it was after dark. He and his friend had two drinks each before leaving Hamilton, and they had three drinks altogether during the afternoon. v He denied that he had bought the bottles of drink that were found in the car, and said he knew nothing about it. Sergeant Rowell said that when interviewed,- Burling was in a nervous condition, suffering from shock. He appeared to have been drinking very heavily previously and to be suffering from the effects. Asked to explain ho*r the right-hand side of the car was damaged, he had told witness that he thought he had grazed another car somewhere between Hamilton and the scene of the accident. He thought it was on a bridge. Defendant pleaded not guilty, reserved his. defence and was committed to the Supreme Court for trial..

The magistrate reserved. his decision on a charge against Burling of being intoxicated in charge of .a motor car. He returned a verdict at the inquest that Simons' death was due to shock from injuries received in'the accident.