Magistrates Court Man To Stand Trial On Fatal Negligence Charge

Press, Volume XCIX, Issue 29388, 15 December 1960, Page 15

Magistrates Court Man To Stand Trial On Fatal Negligence Charge

Examined after a fatal accident in Cranford street on September 9, a van was found to be in an unsatisfactory condition and not up to warrant of fitness standard, said Victor Maurice Preston, senior vehicle inspector at the Christchurch City Council testing station in Lichfield street, in the Magistrate’s Court yesterday. The driver of the van, Barry Henslowe Cheesman, aged 26 (Mr J. F. Burns), denied a charge of negligent driving causing the death of Lawrence Graham Nicol in Cranford street, on September 9. He elected trial by jury and was committed to the Supreme Court for trial. -He was allowed bail at £5O, Mr N. J. G. Speary, J.P., and Mr F, J, C. Dann, J.P., were on the bench Mr Burns reserved his submissions for the defence

Bernard Daniel Crossen, an apprentice fitter, said that on September 9 about 7 p.m. he was driving south along Cranford street. He saw a van coming towards him with both its lights on and at a speed which was nothing unusual. When it was about 35 yards from him, he heard a scraping noise. Pulling into the side of the road, he went back to where the oncoming car had stopped. On the side of the. road he found a body of a man.

Later a St. John Ambulance arrived and the man was taken to hospital. At the time of the accident it was raining, Crossen said. Examined in the casualty department of the Christchurch Public Hospital on September 9, Nicol was found to be dead on arrival, said Dr. George Shannon Chisholm, who was on duty in the casualty department. Dr. Colin Thomas Bushby Pearson, a pathologist, said that Nicol died from a fracture of the skull with cerebral contusions and hemorrhage into the brain. Rossmore Reginald Watson Nicol, brother of Nicol, said he met Nicol in a hotel on the afternoon of the accident. After four or five drinks together, his brother left on his bicycle.. At the time he was sober. After the accident, the van’s wiper was found to be not working and the windscreen was dirty, said Constable R. C. Kingsbury. Another constable, Constable M. B. Haussman, stationed at Papanui, said that ,the brakes needed several pumpings before they functioned properly and when applied the vehicle veered to the right. The battery was flat and when he was driving the van to the Central police station, he seriously considered having it towed the rest of the way by breakdown vehicle. THEFT CHARGE Owing £9 to the licensee of the New Railway hotel, Michael Cyril Woods, a workman, sent the money by registered letter to Neville Mayo who had offered to act as guarantor. However, when he returned to Christchurch about two months later, he found that the account was still owing, said Woods.

Mayo, aged 28, a workman (Mr C. J. O H. Tobin, elected trial by jury on a charge of theft by misappropriation of £9, on or about August 4, 1959. He was committed to the next sitting of the Supreme Court for trial. Bail was allowed at £5O and he was ordered to report weekly to the police. Woods said that he had been staying at the New Railway Hotel and had applied for a position as a steward at The Hermitage, Mount Cook. As he was unable to pay £9 which he was owing to the hotel licensee for board and lodging, he arranged to leave some clothes and a suitcase as a surety. Mayo, whom he had met, offered to act as guarantor and he arranged to send him £9 from his first week’s wages at the Hermitage. to ay the licensee. In asking that Mayo be discharged. Mr Tobin submitted that it was clear from the defendant’s statement to the police and the complainant’s own submissions that money was owing to Mayo. “Woods admits board was owing to Mayo and he had borrowed Mayo’s .jersey. The defendant was entitled to believe that the money was for him as owing by Woods,” he said. “As he was the guarantor, Mayo was liable for'the account,” said Mr Tobin. (Before Mr E. A. Lee, S.M.) ONE YEAR’S GAOL “I’m bound to impose a deterrent sentence for escaping from prison. There is nothing else I can do,” said the Magistrate when sentencing Samuel Thomas Funston. who escaped from Paparua Prison on December 2, to one year’s imprisonment to be served cumulatively on his present sentence. Funston was convicted and discharged on a charge of converting a bicycle. Funston had pleaded gWllty to the charges and was appearing

for sentence. He was not represented by counsel and had nothing to say. BREACH OF PROBATION Sydney Julian Clarke, aged 30, breach of probation by failing a workman, was fined £5 when he pleaded guilty to a charge of to report as directed after his release from prison. INCOME NOT RETURNED - The following fines were imposed on persons who failed to make returns of 1 income: Harold Conroy, £2; David James McAslan, £2; Graham Edward Watson, £4; Alfred William John Sirett, £2; Frederick Scott Carter, £5; Alfred Eric Arps, £2; James Henry Neale £5; David Joseph Michael O’Rourke, £5; Sherwyn John Pomare, £3; Clarence Kendpl Phillips, £5; Harold Hawthorne Parker, £5 and £3; William Quigley, £10; Kathleen Ellen Ryan, £3; Hannah Mary Ryan, £3; Robert Bruce Steele, £5; Inwood Skudder, £3; Dorothy May Tyson, £2 and Alwyn Edwin Clement Tyson, £2, joint charge against both defendants, £1 each; Harry Diedrich Webb, £5; Dixon Neil Whiting, £5; Francis Robert Waters, £5. Failure to deliver reconciliation statement: William Ward, £3 NO BUILDING PERMIT On a charge of erecting a building in Mairehau road without a permit, John M. Bignell was convicted and fined £lO. The prosecution was laid by the Waimairi County Council. CHARGES ADJOURNED Two charges against James Reginald Bonner, of having uncustomed goods in his possession on October 27, were adjourned to January 25.