MOTOR SMASH AT MASTERTON

Dominion, Volume 21, Issue 191, 15 May 1928, Page 7

MOTOR SMASH AT MASTERTON

DRIVER OF VAN ON TRIAL CHARGE OF MANSLAUGHTER A motor collision at Mastertoil on the morning of February 18, when several men were injured, one of them fatally, resulted in the appearance of Louis Stanley Tremayne in the Supreme Court yesterday on a charge of negligently driving a motor-van so as to be guilty of manslaughter. Mr. Justice Smith was on the bench. The Crown Prosecutor, Mr. P. S. K. Macassey, had charge of the case for the Crown, and accused was represented by Mr. 11. F. O’Leary. The charge was the outcome of a collision between a Black and White express van driven by accused and a motor-lorry, driven by Kenneth John Aplin. The accident happened, just to the south of Masterton township.. The express was conveying “The Dominion ’ to the Wairarapa, and the lorry was taking workers to the freezing works at Waiugawa. Mr. Macassey said that the lorry on which deceased was travelling was on its correct side of the road, proceeding along at 15 miles an hour. The van came along in the opposite direction, and swerving over to the wrong side, struck the lorry. Four people were injured, one of whom, 1’ rank Clntord Shackleton, died as a result of injuries ho received. “The case for the Crown,” said Mr. Macassey, “is that this collision happened ou a long straight road in broad daylight, and that the driver of the van for some reason swerved to the right. and collided with the lorry. Accused, in a statement, has explained that he was dazed with the sun. The suggestion I wake is that accused momentarily tell asleep and . woke up when the collision took place.” Kenneth John Aplin, driver of the lorry; stated that he was. on his correct'side of the road and driving between twelve and fifteen miles per hour. He had pointed out the marks of the tracks made on the road in the presence of accused, who had found no fault with was in bed, and between 7 o'clock and half-past heard a crash,” said Dr. II G. Moser, of Masterton. Glancing out of the window I saw there had been an accident outside my house. Hie injured were brought into my surgery, and after attending them I ordered them to the hospital. I saw Shackleton, who had an injury to his head, and another to his shoulder. He was unconscious, and I was present when an operation was performed «on him later at the Masterton Hospital. He did not regain consciousness and died that evening, the head injuries causing his death. The doctor said that lie had also seen Tremayne after the accident,. and that he had answered questions quite intelligently. The witness said that he himself had frequently experienced difficulty with the rising sun when motoring along the same road in the early morning. George Brown, a slaughterman employed at the Waiugawa Freezing Works, said he occupied a seat alongside the driver of the lorry on the morning of the accident. He said the van struck the .hubs of the lorry's front ng.it wheel. Up to the time of the collision the lorry was on its correct side of the road. Evidence was also given by Millian; Tulloch, milk vendor, of Masterton, and Reginald Ross Burridge, a solicitor. ■ Hugh Devenny, a slaughterman, said that the van had passed him at what he estimated to be a speed of thirty miles an hour. ...... r . Constable Le Compte said that after he had assisted to remove the injured to the hospital he returned to the scene of the accident, and interviewed the drivers, both of whom agreed as to the point of impact. In their presence, he had taken some measurements. In answer to a question as to what had happened Tremayne had stated that he was travelling at a reasonable speed, and that he had taken a bad turn. Charles William Loader, painter, of Masterton, said he arrived at the accident soon after it happened. He heard accused ask who was responsible for the accident. To this question Tremayne replied: “It looks if it might have been my fault.” , ... Constable Johnstone, who was with Constable Le Compte at the accident, also gave evidence. Witness said that he had. taken a statement from Tremayne, and in this he had stated that he had been dazed by the sun and. had looked down for a moment to avoid it when the accident occurred. Tremayne had refused to make any estimate as to his speed, but said that he was not speeding. >• This concluded the evidence for the Crown. Mr. O’Leary then indicated to the jury the nature of evidence he intended to call. Tremayne, he stated, was an experienced driver and had driven at least 60,000 miles for the company owning the van. The approach to Masterton was a wide street, and under ordinary circumstances should be quite safe. “I submit,” said counsel, "that there is no evidence that the van was travelling at an excessive speed. *At great expense the Black and White Company have installed in every express car an instrument known as a recordagraph and from this can be obtained the pace of the car at any particular part of a journey. It will be shown that the speed of the car was 25 miles an hour.' Gordon Thomas Romaine, an assessor employed by the Black and M hite Company, said the van had been fitted with a recordagraph. The record was made on a tape put in by a night mechanic and which could not be interfered with by the driver. The tape was taken out and examined by the engineer to the company. Mrs. Bates said she was a passenger on the van on the day of the accident, her intention being to join a service car at Masterton for Hawke’s Bay. She had joined the van at about two miles beyond .Upper Hutt, and with her experience . as a motorist she estimated that'they approached towards'Mastertoil at about twenty miles an hour. She had been reading the newspaper, and this would have been difficult had the car been travelling fast. Looking up just before the collision she saw the lorry running in towards them. The sun was then very bright. Herbert Angel said that he and the witness Romaine were the only two that had keys to. the recordagraph. He had taken the tape out of the instrument at Masterton after the accident, and a reading of the tape showed that the accident had occurred at twelve minutes past seven, and that the speed of the van was twenty-five miles per hour when the collision took place. The purpose of the installation of these instruments was to keep a check on drivers and buses. Further hearing of the case was adjourned till this morning.