NEGLIGENT DRIVING.

Auckland Star, Volume LXV, Issue 177, 28 July 1934, Page 10

NEGLIGENT DRIVING.

AGED MAN'S DEATH.

EFFECT OF JURY'S VERDICT,

The question whether a rider attached to a jury's verdict of guilty made the verdict one of not guilty was raised in the Supreme Court yesterday afternoon. The case was that in which Michael Marinovich (Mr. Beckerleg), a young Dalmation, was charged with negligent driving so as to cause the death of an old man,' Alexander Riddell, or alternatively with negligent driving- so as to cause bodily harm. Riddell was knocked over by a van which the accused was driving in Fanshawe Street on February 2, and died in the hospital from pneumonia ten days later.

The jury inspected the van and the scene of the accident, and later found accused not guilty on the first charge, but guilty on the second,. of causing bodily injury. It added a rider strongly recommending mercy, on the ground that the accident was "due to the faulty construction of the van the boy was driving."

Mr. Justice Herdman said he would certainly give due heed to the recommendation.

Mr. 'Beckerleg asked leave to apply that the verdict should be accepted a*> bne of not guilty.

His Honor said he did not think there was any chance of that view being accepted. He understood the recommendation was based on the fact that according to the jury there was some faulty construction of the van. Mr. Beckerleg: Which, I apprehend, means that it was the faulty van and not negligent driving. His Honor said Mr. Beckerleg had better consider the matter and let him know on Monday what he proposed to do.

MOTORIST ACQUITTED.

PAPATOETOE FATALITY. A verdict of not guilty was returned by the jury in the charge against Arthur Edward Rowe, aged 23, of negligent driving so as to cause the death of Tiki (Leo) Graham, a quarter-caste Maori, on May 11. Deceased was knocked down by a car the accused was driving at night on the Great South Road, Papatoetoe. Rowe, who was represented by Mr. Goldstinc, was discharged.