NOT GUILTY.

Press, Volume LXVI, Issue 20011, 20 August 1930, Page 9

NOT GUILTY.

A MOTORIST CHARGED. FATAL ACCIDENT AT KAIAPOI. After a retirement of an hour and three-quarters, the jury returned a verdict of not guilty in tho case in which William Albert Parsons was charged, at the Criminal Sessions of the Supreme Court, yesterday, that on April 23 rd, 1930, at Kaiapoi, he did negligently drivo a motor-car and thereby cause the death of Henry Gilbert Hancock. Mr Justice Adams presided. Mr A. T. Donnelly appeared for the Crown, and Mr C. S. Thomas and F. W. Johnston for Parsons. In outlining tbe case to the jury, Mr Donnelly said that Hancock lived in a hut near tho Main North road, near Kaiapoi. On tho night of the occurrence, Hancock had gone for some meat, and was returning home when the accident occurred. The allegations against Parsons were: (1) That he was. driving whilst under tho influence of liquor, (2,) That he had been travelling at an excessive speed, and (3) That he did not have his car under proper control. On the question of being under the influence of liquor, there was no need to prove that he was drunlt in the ordinary sense of the word. It was only a question of whether or not the accused had had so much liquor as to impair his judgment. The accused admitted having had four whiskies just prior to the accident. One of the constables called to the scene commenced to take a statement from the accused, but had to desist because the accused was * < ?° drunk. The other constable called in concurred with this opinion. Two medical men would also say tho accused was under the influence of liquor. On .the question of the actual overtaking the cyclist it was for the jury to say whether or not Parsons should have, been able to see the man riding along. It would be shown that there was a lorry coming in the opposite direction. On tho question of control of the car it would be shown that the car travelled "on off the concrete, after striking the man on the bicycle. After referring to the unfortunate nature of such accidents and the position in which the accused, who was a respectable man, and one not generally given to drink, found himself, Mr Donnelly said the attitude of juries in such cases as this determined the attitude of motorists in general. Edgar Frederick Thomson, pathologist at the Christchurch Hospital, said he conducted a post-mortem on Hancock. The dead .man had concussion and a number of broken bohes.

John Wilson, labourer, a mato of Hancock's, said he lived in the same hut with him. Ho described hearing the smash, and thon going over and finding Hancock lying on the road. To Mr Thomas: Parsons came up and gave them a hand to lift Hancock into the whare. During the whole time Parsons was giving them a hand the witness did not notice any signs of intoxication. Alfred Eichard Downing, a motordrivor, said ho was driving a lorry on the Main North road on the night of. the accident. In the vicinity of the hut he saw a cyclist coming towards him. ~ The cyclist was on the concrete at first, but bore to the left later. He saw a car coming. This had one wheel on the concrete and one off. Tho car coming towards him struck the cyclist, who appeared to cling to the radiator for a few moments. After the accident he went back, but Parsons was already there. To Mr Thomas: As Parsons' car was coming towards him it was running straight. He was within three feet of Parsons afterwards, but did not notice any signs of him being under the influence of liquor. On that sweep of the road the lights were on the bank all the time. The witness could see Parsons face through the windscreen of Parsons' car. Parsons appeared to be leaning forward. He would judge Parsons to have been travelling at about 25 to SO miles an hour. The road was an open country one, with no cross-roads. On a concrete road it was particularly hard to see a cyclist while motoring along at night. George Edward Gillett, medical practitioner, of Kaiapoi, said he examined the accused at the request of the police. This was after seven o clock. Tho accused was then intoxicated. . Maxwell Ramsay, medical practitioner, of Kaiapoi, said he saw the accused before the accident. He appeared to have had a fair amount of liquor. Ho saw Parsons again after the accident, and he was then worse. To Mr Thomas: Tho shock of the accident would make him worse. Constable James Holmes, of Kaiapoi, described a conversation with the accused after the accident. The accused . said then that he had had two whiskies in Christchurch about 5 p.m. Later he had had two more. He first of all said the cyclist was coming towards him. Then he said the cyclist was going the same way,, but on the wrong side of the road. Later, while waiting for the doctor, he 'had tried to get a statement in writing from the accused,- but Parsons was so much under the influence of liquor that he had to desist. He then arrested the accused and charged him with driving a car while under the influence of liquor. Ernest Ralph Warren, police constable, of Kaiapoi, gave evidence touching the facts after the accident. In his opinion Parsons was under the influence of liquor. Case for the Defence. In opening the case for the defence, Mr Thomas said Parsons was nob the usual type who came before toe Courts.

He was a decent citizen. He would admit that at the time when the police said he was intoxicated—some half an hour after the accident—Parsons was intoxicated. This had been brought about by the drinks he had had before the accident and the shock that came from the smash In the box, Dr. llamsay, who had seen Parsons just bofore six o'clock, never made tho slightest suggestion that he was drunk then or that he was not in a fit state to drive a car. The inference was" that had there been no accident Parsons would have driven home safely. There was also the fact of tho evidence of Hancock's two mates. If any men had cause to say Parsons was drunk it was them. And yet they nover suggested for a moment that there was any suggestion of Parsons oeing intoxicated. • The jury retired at 3.6 p.m., and at 4.45 p.m. returned a verdict of. not guilty.