GUILTY OF NEGLIGENT DRIVING

Dominion, Volume 20, Issue 256, 28 July 1927, Page 10

GUILTY OF NEGLIGENT DRIVING

THE TAWA FLAT TRAGEDY WALLING REMANDED FOR SENTENCE Before Mr. Justice MacGregor, yesterday, the case against William John Walling reached finality. Walling Was charged with manslaughter, or alternatively, with having negligently driven a motor-car, so as to cause the death of Helen Telfer ' near Tawa Flat on June 3 last. He was found not guilty on the first count and guilty on the second. He was remanded for sentence. Mr. P. S. K. Macassey appeared for the Crown and Mr. W.. I’erry represented the accused man. When the case was resumed yesterday, after the jury had visited the scene of" the accident, Constable Morrison, traffic patrolman, said that he had accompanied Police-Sergeant Sparks " to Eastbourne, where he had seen Walling. His evidence corroborated the . constable’s statement on Wednesday. For the Defence. Opening the case for the defence, Mr. Perry said that he proposed to call evidence by a man who had followed a Hudson sedan car past the scene of the accident and had recognised Walling as the driver of the vehicle. Further, this man had stopped later on and had been passed by another Hud son sedan car, which was travelling at the rate of 35 miles per hour and which was not Walling’s car. • The mark on the left rear mudguard of the accused’s car had been caused ; bv another resident of Eastbourne who had touched Walling’s car when manoeuvring out of a garage. This incident had been seen by another witness who had come forward after reading a report of the proceedings in the Magistrate’s Court. Walling had had no drink on the return journey from Otaki, and also travelled at a reasonable speed. All the occupants of the car would say that they had felt no bump, heard no screams, ■and knew of no accidents... Walling had made" an incorrect statement- to the police, but had been roused from his men in uniform, and was in some confusion of mind. .Tll.ustrative of this was the fact .that he- had told .the police that , lie had grazed..the . nost; in Garrett Street in the morning, whereas he had really grazed it in the evening.. Evidence of Accused. Accused then went into the box.' He had not driven, he said, at more .than 27 miles an hour anywhere, and did not pnrticularlv remember going over Piebald Hill. ‘He 'did' hot. remember passing any . cars after, .coming;, through Porirua, and the first time'-that he-had heard of the accident was when hg had stopped about a mite and 'a beyond the scene of it. . There lie'. had found a motor-cvcle behind him, and-tlie rider had asked, him if he wah all-rioht...; Another car passin" had steadied;-un. and the driver asked if he bad a doctor. Then he had tnrne'V found-..aiid- crone back to the scene of the accident, "w.liere he had assisted Finn.’h- lie. ’wd; driven down to the bottom of the hill and had turned round. When tlie police- had called on him be bad been ip rather a haze and thev had no't_ told him; t'liat he'wns suspected of bavin" been'ebn(erned in the accident until after Tie bad "iven his statement. At the time that the marked : mudgpjltd."had."bgep

examined by Detective Murray the dint had been fresh and clean. After a run it had been covered with dust spots. To Mr. Macassey: He had had five drinks' Up to the time when he had arrived tm the Otaki racecourse. He had not been amongst a number'of cars on his way.back. Mr. Macassey: Do you deny that you passed this car on the Piebald Hill?— “I have no recollection of it.” Do.you suggest that Skews, and Miller,, who followed ,-you and topk your numberj are " telling .falsehoods?—"l dpifit seeTiow they-could have got my number tlmre.” " The News of Arrest.-, ..Walling stated that the news of .his arrest had been published in ; The Dominion :on the Saturday, morning, and that This .was how, his friends had known of .it. and met him. . Mr. Macassev produced an extract which he said was from The. Dominion .of that date, and. Walling could -find;- no reference effi Jfisvarrest in it.". . - . ; ■ ~ HiS Hononrr/It-is.-clearly impossible for.it-to haveibgen in The Dominion.. He .was arrested.-fit 4 in.the.morning.- ■ Johir- Harold-.-Morrison,- a taxi-driver, gave evidence; that he.- .had .-seen. Walling.’ at Otaki: and that life .had been..perfect--ly sober,, while Willerton-Lowery; motor:, mechanic,, confessed to having, examined Polemau’s car- and. having; come -.to.'.tlie ' conclusion that it had not.-been struck, by another car. The mudguard ■ was bent and buckled j’n -.the-.'crowd,", Robert . Mea.clenq ~ another motor mechanic,- said that a sedan ca’t," grey,, with' dust, had passed-him nearPorirua when" h.e Aifid "been riding a backi.tqyWfeUihMbn. on. June 3." He .had folipwe’d, '.this ' Cat.-to'".(within. ..about", a. mile ("ton:;. the' W eTtingfon side " oftlie.'. accident,\ .""There".the: car."had pulled, up, '.and. he had' recognised Walling, and asked if'" he "neded' assistance : ', Another Car. ■ Passing on, he had been near the Johnsonville rise, when he w«s passed by another dark sedan car, travel-ling-'fast. .. " Mr. Macasjry:'Mr Skews says that’ he followed the sedan to within ten feet 'and turned the spotlight on it. “He couldn’t; I was 25 yards behind, and didn’t see him.” Is your ’ full name Robert IrwinMeacfem'?—“Ye§. ; ” ' • " *' Have you: been declared -’a habitual criminal—“l have.” Is this your list of previous convictions?—“Well, they are too numerous to memorise:” His Honour; Don’t you. anow whether, they are right or wrong ? —“There are so many of them that. I .dare say, they are all right?' Harry Lionel Woolley, builder, saidthat the mark on the rear of Walling’s car had been. caused by his own car touching it in a garage. James Duncan Hearn, a linesman, stated that he . had. witnessed this. Edward Godwin, Alfred B. Smith, and Robert Mc-i Vay, who had been in Walling’s car, also - gave evideiice,- -the last-named admitting that they had passed a car on the scene of the accident. The three witnesses said that they, had felt no bump or jar, and knew nothing of any accident. ’ Recalled, Police-Sergeant Sparks stated that Walling’s car had been just inside the garage door. He did not thiqk that Woolley’s car could strike the rear mudguard of the sedan, because of the bumper. Constable Morrison corroborated. : ’ The jury retired at 8.15 p.m. and returned at 9.10 with a unanimous verdict of guilty on the second count; Walling was remanded for sentence