JOY RIDERS' CRASH.

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

JOY RIDERS' CRASH.

NEGLIGENT DRIVING CHARGE.

YOUNG WAIKATO FARMER

found guilty

RECOMMENDED TO MERCY.

(By Telegraph.—Own Correspondent.)

\ HAMILTON, this day,

A verdict of guilty with a strong recommendation to.mercy was returned by the jury yesterday in the Supreme Court case rn»which Hector John Shaw, aged 20, farmer, Tauwhare, was charged before Mr. Justice Smith with negligent driving and causing the death of his cousin, Thomas Shaw, who was a pas-

senger in the car. ' Mr. H. T. Gillies appeared for the Crown, and Mr. J. F. Strang represented the prisoner, who pleaded not ginlty. The charge arose out of a collision between two .motor cars on the main road about half a mile on the Hamilton side of Newstead' Hall on the night of May 8. Hector John Shaw was at the wheel, the other passengers being the la e Thomas Shaw, Winifred Randle (who was seriously injured). Ernest Turner, James K. Brown and Alice Shaw, linear collided with another car containing two brothers named Montfeith, which was being driven from the direction ot Hamilton. The impact was very severe, bhaw s car turning completely over. Ihoiuas Shaw died from injuries shortly afteiwards and Miss Randle lay in the shadow of death for some weeks. Miss Winifred Randle, Matangi, said she joined Shaw's car on the night ot the accident, when there was a dance. She did not go to the dance, but remained in the car with Tom Shaw. Hector Shaw then drove them towards Hamilton. She saw Monteith's car approach, and was apprehensive that the cais would pass very closely. Shaw was then on the crown of the road. The collision then occurred. She was seriously injured. Leslie Monteith, farm worker, of Eureka, said he left Hamilton at 9.30 p.m. to return to Eureka. He saw Shaw's car approaching a good way off, but he did not realise there was going to be a collision until the cars struck. Witness could have gone on to the. grass had he apprehended danger. There were potholes and sand on the road.

Archibald Monteith, who was with his brother at the time of the accident, said Shaw was on the crown of the road, while his brother was 011 his left side. It would not be unreasonable to suggest that the accident was caused through Shaw's car skidding.

The accused said he had had no drink on the day or night of the accident. He was travelling on the left side of the road. The accident was caused by the skidding of his car. He was coming to Hamilton to a dance.

Undo/ cross-examination, witness said it was.a fact that they were joy-riding. He tried to straighten the car after it commenced to skid.

Mr. Strang contended that it was open to question whether the accused was driving on his wrong side. Both drivers were competent and sober, and there was no suggestion by the Crown that Shaw's speed was excessive. He suggested that the fatality as due to a pure accident.

His Honor described the circumstances as extraordinary. The road was 20ft wide, and straight, and the light was good. The car drivers could see each other for some distance, and both drivers were sober. One car somersaulted and a passenger was killed.

Ilis Honor reviewed the evidence, and said it was for the jury to decide whether Thomas Shaw's death iVas caused by accused's negligence or whether a skidding of the car liau caused the accident.

After having retired for three hours, the'jury returned a verdict of guilty with a strong recommendation to mercy on account of tae prisoner's youth.

The prisoner was rcnianclecl in custody until Wednesday for. scntcnce.