ST. ALBANS MOTOR SMASH.

Press, Volume LIX, Issue 17863, 8 September 1923, Page 6

ST. ALBANS MOTOR SMASH.

DOHERTY SENTENCED. SIX MONTHS' IMPRISONMENT. John Thomas Doherty -was yesterday sentenced by his Honour Mr Justice Eeid, in the Supremo Court, to on: months' imprisonment for manslaughter. The- charge arose out of a motor collision at the intersection of Warrington street and Hilb road, St. Albans, on July 14th, as a result of which Samuel James Cooke, a single managed 38 years, was killed. Mr 0. T. J. Alpers, counsel for ihe accused, said that during the last two days he had been keenly sensitive of tho responsibility thrown on him of defending Doherty, and now that sentence was about to bs passed ho felt his position more keenly than ever. But for his acta of carelessness in driving a motor-car, Doherty had lived a good life. Counsel could not but think that Doherty was the Tictim, to some extent, of circumstances, and that Wright, the driver of the Ford car, was himself guilty of carelessness in failing to 6ee Doherty approaching in tho Overland car. Doherty was in tho unfortunate position of having retired from farming too' early in life. He had few hobbies, and as he had a family of two daughters and one son, he yielded to the temptation of driving a, car without a certificate of ability. He lived on tho outskirts of Christchurch, so that in a few minutes he could drive his car out of the danger zone of the city. Counsel drew attention to the rider to the jury's verdict, in which accused was recommended to his Honour's indulgence owing to the anguish he had suffered from the death of his friend. The deceased had been a friend of Doherty for over twenty years, and by this man's death the accused had already been deeply punished. Mr Alpers said that Doherty, after tho unfortunate accident, went to the parents of the deceased to offer his sympathy, and he had paid the sum of £SBO to them by way of compensation for the death of their son. Counsel hoped that his Honour could see his way to punish Doherty other than by a term of imprisonment. He suggested that a substantial monetary penalty would meet the case. Doherty had learned his lesson, and would never, so long as he lived), drive a motor-car again. "IJook upon this case as a bad one of its class," said his Honour, to tho prisoner, "for this reason: Assuming, as I do, that .you are a man of iiitelugencOi you must have long ago recognised that temperamentally you were unfitted to drive a motor-car." His Honour, after referring to Doherty's temperament as a motor-car driver, which he described as egotistical and intolerant of anything else oh the road, said ho hoped Doherty would never drive a motor-car again. No doubt, his Honour continued, -Doherty had suffered mental distress owing to his being responsible for the death of his friend, as any other decent man would have done in such circumstances. But it was unfortunate that such distress did not act as a deterrent to those who drove cars recklessly.- "I should be glad, indeed, to adopt the suggestion offered by counsel," said his Honour, "but I feel that it would bo a brench of my duty if I did so. I feel that it would be no deterrent at all to persons driving a car if a term of imprisonment was not imposed." His Honour said that he knew a man in Doherty's position must feel oven a short term of imprisonment, and suffer more from it than others with a longer term. At the same time, the term of imprisonment to be imposed must bo a substantial one. The sentence of the Court was that Doherty should bo sent to prison for six months.