MOTORIST FACES CHARGES

Press, Volume LXXIV, Issue 22496, 2 September 1938, Page 17

MOTORIST FACES CHARGES

Accident in Early Morning

FAILURE TO STOP ALLEGED

Harold Edward Bell faced three charges in the Magistrate’s Court yesterday, arising from an accident in which the police alleged he was involved, at the corner of Bealey avenue and Manchester street, in the early hours of July 26. Bell was charged with negligent driving, causing bodily injury to Ernest • Keith Dickey and another; with failing to stop after an accident, and give all possible assistance to an injured person; and with failing to give way to traffic on his right.

To the first two charges Bell pleaded not guilty, and he was committed to the Supreme Court for trial. Bail of £SOO was allowed with one surety of £SOO. The third charge was adjourned. The accused was represented by Mr N. S. Bowie. The charges were heard before Mr E. C. Levvey, S.M. SubInspector W. E. Packer prosecuted for the police. Ernest Keith Dickey, a storeman ol Ryan street, Woolston, gave evidence that about 12.30 a.m on July 26 he was travelling along Manchester street going north towards Bealey avenue with Miss Maureen Maud Williams as a pillion passenger. They were returning from a dance. When he approached the Intersection his speed was 25 miles an hour, and he slackened off over the first part of the avenue. When he was on the second half of the avenue he noticed a car approaching on his left. He slackened down and it looked to him as if the car was going to do the same, so he proceeded on. , Seeing then that the car was not going to stop and he had no chance of pulling up, only thing he could •do was try to get across in front of it. From that moment he knew no more till he woke up on the footpath, on the north-east .corner of the intersection. Dickey said he was travelling on nis correct side of the road. The weather was fine, though there had been a slight fall of rain. His injuries were a broken leg and a broken collarbone. Pillion Passenger Maureen Maud Williams, of Chancellor street, Shirley, who was the pillion passenger, said the speed of the motor-cycle was not very fast. Dickey slowed down at the corner and then accelerated to go across She noticed a car on the left, but that was all she remembered. She suffered a fractured skull and was unconscious. Patrick Joseph Maggin, a retired police constable, of Sherborne street, said that shortly after 12.30 a.m. on July 26 he was standing at the corner of Sherborne street and Bealey avenue with another man. It was a goodnight and visibility was good

They had been talking about speeding motorists, and he passed a remark as he saw one coming along Bealey avenue from the west, that here was a car speeding now. He did not see the motor-cycle,- • and only heard the crash. He did not see what had- been hit. •

. The car went past them doing 40 to 45 miles an hour. There was a loud report, and as he ran- along to th® scene he saw the car turn to the right, “sort of stop,” and then go off. He found the young woman in the gutter unconscious. She was bleeding and badly hurt. A short distance further in on the footpath the man was lying with the motor-cycle on top of him. The motorcar had driven right on. At the, scene of the collision he found part of a headlamp, which was produced in Court. He also found broken glass and a mark about nine feet long where the motor-cycle had been dragged * “Oar Shot Past”

Thomas Francis O’Connor, a motordriver, who was Maggin’s companion at the corner of Sherborne street, said the car shot past them. As the motorcycle came along Manchester street he could see that a crash was inevitable, and remarked to his friend,- "There’s going to be a smash." With that the collision occurred. There was a very loud report, and immediately afterwards the ear swerved out to the other side of the avenue, seemed to stop, and then drove off. A second car was approaching from the west, and he rushed out and stopped it. asking the driver to give chase after a hit-and-run motorist. They drove along Bealey avenue and turned along Madras street in —le direction the car involved in the accident had taken, but they saw no sign of it and returned to the scene of the accident. There seemed to be a grating noise when the car involved in the collision moved off. Denis William Amos, a motor-driver of North parade, said he was driving east along Bealey avenue about 12.30 a.m. on July 26 and was passed by another motor-car travelling In the same direction. His own speed was 28 to 30 miles an hour, and he estimated the speed of the other car at 35 to 40 miles an hour. He was able to‘describe the other car, and said he noticed the first two numbers on its plate were one and eight. He gave evidence of the attempt to find the other car after the accident. Duncan Wilfred McClure, Moorhouse avenue, said he was riding his bicycle along Bealey avenue at tne time. He was about 300 yards on the west side of Manchester street when his attention was attracted by "a terrible bang.” He went to the scene. William Griffith, a barman, of Packe street, said he was walking north along Manchester street. A motorcycle passed him when he was opposite the McLean Institute, near Bealey avenue. There was a pillion passenger, and its speed was very ordinary, about 20 to 25 miles an hour. He noticed as he walked on that the motor-cycle and car seemed to hit, and there was a loud report. Gordon William Fairweather, service manager at a city garage, said he examined a car at the police station at the request of the police. The right-hand headlamp glass was broken and the front of the left-hand headlamp was missing. It was similar* to the one produced in Court. The left-hand mudguard and one end of the bumper bar were damaged, the radiator grill forced back, and the radiator core forced out of line. There were no bulbs in the headlamps, and the right-hand front tyre was badly damaged. The mudguard had been forced down on to the tyre and had cut through the tread, the cut extending right round. *■ Visit to Friend George Burns, a journalist, said that on the evening of July 25 the defendant visited him at his home, which was then in Hawthorne road, Papanui, Bell remained till after midnight, and then went home in his car. At 1.5 a.m. Bell telephoned witness and asked if he would come and bring him back to town.

Burns said that after dressing he drove to the accused’s home at Rapaki

road. He saw Bell in his garage and asked him what he wanted. Bell said his car was damaged, and he could pot understand how it happened. The sense of his remarks was that he could not understand the damage to the car, and that if there had been an accident he could not comprehend how it had taken place. Burns said that in his own, car he took Bell into town. Bell recollected passing over Colombo street. They got to the corner of Bealey avenue and Manchester street and he swung the car eastward. His headlights picked up glass on the road, and he also saw a motor-cycle with its headlight burning, propped up against a fence. He said to Bell, “It looks a« if there’s been an accident We’d better return to the police station.” Neither of them got out of the car. On the way to the police station witness asked Bell if he remembered anything, and Bell said he had a recollection of a light dashing diagonally beside his car as if it came from the trees and passed towards the rear of his car. Then there was some comment made. Bell said that if whoever was responsible for the light had been in an accident, they seemed to have been going at a high speed.

Bell said at the garage that he noticed the damage to his car only when he turned into his garage. He did not say what the damage was. While he was at witness’s home Bell had half a small bottle of lager with witness.

Bell when he left to go homfe was quite normal. To Mr Bowie, Burns said that the lager was consumed between two and two and a half hours before Bell left. When the Court resumed after lunch Mr Bowie said he wanted to object to the admission of two statements given in evidence. One of these was O’Connor’s reference to a chase after a hit-and-run driver. These objections were noted. Statement to Police

Constable L. R. W. Nesbitt said he was on duty at the watchhouse when the accused came in. Bell's breath gn.elt slightly of liquor, but witness did not consider him to be intoxicated. H** took a statement from Bell. Bell in his statement said he had tn veiled on the extreme left of the road at 20 to 25 miles an hour. As he approached the intersection of

Manchester street be noticed a motorcyclist on his right, going about 59 to 60 miles an hour. He swerved to the left to avoid it and ran Into the kerb and out again. He thought bo had avoided the motor-cyclist and so drove on. When he got home he heard a peculiar noise in his car. Ho examined it and found his bumper bar was bent. He then called Burns.

Constable J. B. Kearton, police photographer, said that on the montin_ of July 26 he visited Bell at bla office, in company with two otfato constables. He asked Bell if he raid object to the car being taken to the police station. Bell said he would think it over and telephone In half an hour. There was no telephone call, so they went to Bell’s home and found him there with a photographer and insurance adjuster. He apologised and said he had been detained. He said he had seen his solicitor, and they bad decided to supply photographs to the police. Witness told him this would not bo satisfactory, and asked Bell’s permission to take the car away. Bell refused, and Constable Smith then executed a search warrant, which he read to BelL

Bell handed the car over to *>«"■. and said they would not be able to drive it because he bad run into a wall when he was putting it away, and the front bumper bar was jammed against the front wheel. IMi was asked what part of the wall he had struck, and he did not know. After an adjustment the car was taken ta the police station.

Corroborative evidence was given by other constables, and the accused was then committed to the Supremo Court for trial.