YOUTH TO STAND TRIAL.

Press, Volume LXIV, Issue 19343, 22 June 1928, Page 13

YOUTH TO STAND TRIAL.

1 FATAL MOTOR-CYCLE ACCIDENT. NEGLIGENT RIDING ALLEGED. Trevor Walter Moss, a young motorcyclist, was charged in the Magistrate's Court yesterday with negligently riding a motor-cycle along Woodham road, Linwood, on the evening of April 18th, and thereby causing the death of the girl, who was with him, Margaret O'Connor. Both were travelling along Woodham road on the evening of that date when the machine struck a heap of earth from a drainage trench. Both passengers and the machine were shot some twenty feet, and Miss O'Connor was pinned beneath the cycle, receiving injuries from which she subsequently died. After hearing the evidence the Magistrate (Mr C. R. Orr Walker) committed Moss to the Supreme Court for trial. Sub-Inspector Fitzpatrick prosecuted and Mr C. S. Thomas appeared for Moss. The Sub-Inspector said that evidence would show that Moss had no light, was travelling at an excessive speed, and did not take reasonable precautions.

Dr. Leonard McQueen, House Surgeon at Christchurch Public Hospital, said that he had attended the girl when she reached hospital. She had injuries to the head and never regained consciousness, but died about 8 p.m. on June 20. Coma, following haemorrhage, and laceration of the brain, was -the cause of death.

Thomas O'Connor, labourer, of 396 Oxford terrace, said deceased was his niece and 16 years 9 months of age. Sydney George Ayling, of the firm of Ayling and King, sewerage contractors, said that his firm was putting the sewer into North Linwood School at that date. He visited the scene on the night of the accident, and did not know until he got there that the road had been left open, as there had been a chance of its being filled in that day. He noticed the lights visible three-quarters of a I mile away. There were four lamps, one at each corner of the trench, and a rope round tho whole. The trench was 2ft 6in wide and had spoil thrown up on either side. Mr Thomas: Don't you think that anyone coming along might pull round the first two lights, and think that was the end of the obstruction as there was nineteen feet between the two sets of lights. Witness: He should have seen the four lights. Witness added that he thought there was sufficient light. Mr Thomas: You say that it is tha ordinary thing in Christchurch, to liavo a nineteen foot gap between lights? Witness: It is the usual thing to put lights at each corner of the obstruction. Henry Butterfield, a driver, the employ of tho City Council, waß talking with a Mr Phillips near the scene ol the accident when it occurred. The motor-cycle • came along with no lig t. It ran round the first two lights, and then crashed into the heap of_ spmL They went up and found the girl beneath, tho cycle. Mr Phillips rang for the ambulance. He estimated the speed of the cycle at 35 to 40 miles an hourA lady came up on a bicycle without a light, and approached within a 7 aTd before she turned off. George Phillips. of Woodham r^? ** cle come up and then the engine was shut off. He Wrned round and the cycle passed light a flash. He then saw it shoot into the air. He expected to find it iu the trench but found the machine twenty-feet from the heap with the girl underneath. Moss was standing by th'e bicycle when he came up. Albert John Harper, pf Chrystall street,' said he passed along Woodham road in a motor-car (in thiß particular night. For a careful person using the road the lights were sufficient to attract attention. . . Constable Miller, of Linwood, said that when he arrived he found the motor-cycle track on the earth. It had cleared the drain completely. _ The cycle had an ordinary lamp on it and an electric battery. The cycle was little damaged. Sergeant W. T. Kelly gave the evid- | ence of defendant at the inquest. Defendant had stated that he was riding east along Woodham road about 15 miles an hour. He had an ordinary three cell torch battery alight on the machine, which showed a light for about twelve feet., Approaching Linwood School he saw lights one hundred yards ahead, all close together, two of which appeared brighter than the others. They appeared to be in line, and he came straight on because he thought he had got round them, all right. He did not see the obstruction. Mr Thomas, on behalf of the defendant, said it seemed as if Moss had been trapped. Also the lighting did not seem to be sufficient when there was nineteen feet between two lamps; it had been altered the next day. If Moss "had been travelling fast he would have shot much further than 20 feet. Also there would have been much more damage to the man, and the cycle had come out practically untouchedThe Magistrate said he thought there was sufficient evidence for the case to go to a jury. He fixed bail at £SO, and one surety of £SO.