NOT GUILTY.

Auckland Star, Volume LXV, Issue 277, 22 November 1934, Page 11

NOT GUILTY.

ROTORUA MOTORIST.

DEATH OF A PASSENGER.

SEQUEL TO ACCIDENT. (By Telegraph.—Own Correspondent.) HAMILTON, this day. After a retirement of less than half an hour, the jury returned a verdict of nut guilty in the case in which Charles l,dwards was charged, in the Supreme Court, before Mr. Justice Herdman, with (Hiving a motor car near Kotorua oil August 24 in a negligent manner and causing the death 01 Ronald lies, a passenger in the car. Accused, who was represented by Mr. Tompkins, pleaded not guilty.

Mr. H. T. Gillies, who represented the Crown, said that accused was factory manager and director of the- Waikato Valley Dairy Company, Ltd., Frankton. He was a man of unblemished character and there was not the slightest suggestion of liquor in the case.

Dr. J. U. Mackereth, medical superintendent of the Rotorua Hospital, said lies, died in the hospital from a lacerated brain.

Victor Thomas Gordon, lorry driver, said a truck laden with timber was parked in front of Lee Brothers' store at Koutu. Another truck was travelling toward Ngongotaha, while Edwards' car was approaching Rotorua. The moving truck had passed the stationary truck before Edwards' car passed it. Tile car swerved to avoid the moving truck and struck the stationary truck. The accident occurred at about 5.40 p.m. There was no light 011 the stationary truck, but both the car and moving truck were well lighted. Witness heard Edwards say he did not see the stationary lorry. It was moonlight at the time. Edwards was driving at from 30 to 35 miles an hour before the collision.

After other witnesses of the accident had been heard, accused gave evidence. He said that as a favour he took some people out past Ngongotaha. lies, whose name he did not then know, returned with him. Dnsk had fallen and he put on his lights. The lights of an ■approaching vehicle affectcd his vision for a moment, and he lowered his lights. In that moment an unlightcd stationary truck loomed up in front of him. Witness received a blow 011 the head and was partially stunned. He had no time to apply his brakes before the impact. Witness said he kept his eyes carefully on the road and had the truck been lighted he would have seen it.

His Honor said there was no suggestion of liquor in the case. The accused was driving on the correct side of the road, and his Honor doubted if the speed at which Edwards travelled could be regarded as excessive. The simple question was whether the Crown had convinced the jury beyond reasonable doubt that accused had committed a breach of duty. Accused was discharged.