ACCUSED GUILTY.

Auckland Star, Volume LXIX, Issue 169, 20 July 1938, Page 15

ACCUSED GUILTY.

MOTORIST CHARGED.

FATAL ACCIDENT SEQUEL

NEGLIGENT DRIVING PROVED.

After a retirement of 20 minutes, the jury returned a verdict of guilty on the count of negligent driving so as to cause death against John Frederick Copley, labourer, aged 42, who appeared in the Supreme Court yesterday before Mr. Justice Callan. Besides the count on which accused was found guilty, there was another charge that while in a state of intoxication in charge of a motor vehicle, he caiised the death of Walter Henry Doyle. Mr. C. S. R. Meredith conducted the case for the Crown, while Mr. Aekins appeared for Copley.

The accident happened on April 10 on the (ireat North Road, near the Grey Lynn Library.

Elizabeth Doyle, widow of the accident victim, said that on April 16 a man whom she now knew to be Copley and her husband arrived at her home in Copley's car. While in the house they had one glass of beer. She did not take particular notice of Copley's condition. They left in accused's car shortly before 7 p.m.

Medical Evidence. Dr. Eric Vivian, medical practitioner, said he examined Copley after tlie accident, about 7.30 p.m. The accused had had an excessive amount of alcohol and was unfitted to drive a motor car.

Cross-examined by Mr. Aekins, witness, said accused was not suffering from shock, but was very drunk. Constable W. Ai T. McGuire, a qualified motor mechanic, said he examined "the motor car. One tyre was deflated, but there was no indication that the deflation had taken the form of a blow-out. He told Mr. Aekins he was satisfied that the deflation did not .occur before the tyre hit the kerb.

Smell of AlcohoL Detective W. H. Cromwell said he arrived on the scene of the accident at 7.5 p.m. A motor car was on the footpath, head-on against a power pole. There was a strong smell of alcohol coming from the car. Accused said he had swerved to miss two cyclists who were going in the same direction as himself, and a blow-out caused the car to swing on to the footpath. Witness arrested accused after a medical examination.

To Mr. Aekins, he said that the bend where the accident happened was a dangerous one. He supposed accused would suffer from sfceek. Copley was a returned soldier on full pension, and had never been in the hands of the police before. 1

Mr. Aekins said he did not propose to call evidence. He told the jury that intoxication was not sufficient for" a conviction unless an act of omisssion had been committed. He added that the whole case rested on the tyre, and he contended that Constable McGuire could not say that the tyre had been deflated before the car hit the kerb. Had the accused been intoxicated Mrs. Doyle would have prevented her husband from going out again. There was too much aoubt for a conviction.

Copley was remanded for sentence.