LITTLE GIRL’S DEATH

Dominion, Volume 26, Issue 186, 4 May 1933, Page 7

LITTLE GIRL’S DEATH

Bench Dismisses Charges Against Motorist ACCIDENT AT KILBIRNIE Charges of negligently driving a motor vehicle so as to cause the death of Elizabeth Beatrice Roberts, aged 10, and of driving at a speed which, in the circumstances, might be dangerous, were dismissed by Mr. E. Page, S.M., in. the Police Court yesterday. The accused was Leslie George Peach Bond, who pleaded not guilty. The case was the outcome of an accident in Coutts Street, Kilbirnie, on March 25, when the victim, who lived at 32 Kauri Street, Miramar, was crossing the roadway near Onepu Road with a companion about her own age. She was struck by a motor-car driven by Bond and died on the way to the hospital. The magistrate said there was no reasonable evidence of negligence on which a conviction could be made. Measurements on the scene of the accident had been made by J. P. S. Murphy, a taxi-driver, who said he was in a tobacconist’s shop in Coutts Street. He heard a commotion outside and saw the girl being picked up by accused. The car had gone 33 feet past where the child had been lying, and there was a skid-mark about three feet long where the car had stopped. A tram conductor, W. O’Sullivan, who was on a tram at the intersection at the time of the accident, said he saw two girls get off the tram and walk to the near footpath. They wait-, ed for a short time and then started to cross the street. After that witness took no more notice of them until he heard the sound of the impact and saw the girl Roberts rolling over on the road. The distance between where the girl lay and where accused’s ear stood was about 30 feet.

Muriel Audrey Cumming, aged 10, who had accompanied Elizabeth Roberts, said that they had intended to go to a "Sunbeam parade” in the Salvation Army Hail in Onepu Road. They got off the tram at the intersection. When they were crossing Coutts Street Elizabeth ran on ahead, and witness called to her to stop, but she thought (hat Elizabeth did not hear. Then the car struck Elizabeth. She was about four feet in front of witness and had been running nearly all the way from the footpath. The reason why witness gave the warning to stop was because she heard the engine of an approaching motor vehicle. John Wallace, printer’s machinist, said lie was in (lie stationary tram and saw the car pass. He heard (lie noise of brakes being applied and the sound of the impact. The car was on its correct side of (lie road. A witness of the accident. Doris Esplin. said she saw two children leaving the kerb. One ran across the road and was almost on the other side when (he car hit her. Witness estimated (he speed of the ear at 20 m.p.h. Judging from the noise of the brakes they were applied just as the ear struck the child. She considered that the driver had no chance of missing tiie girl, who was running very fast. The girl, had passed the stationary (ram about two feet behind it. Constable Fitzgibbon, stationed al Kilbirnie, read out a statement made by accused shortly after the accident. The statement said that when accused was just about past the rear of the

tramear a little gjri ran out from it. As soon as he saw her he applied the foot and handbrakes, but was unable to avoid striking her. The brakes were in good order and he would say that be stopped his ear within its length. "In this tragic occurrence,” said the magistrate, “the question I have to consider is whether there is any reasonable evidence of negligence on the part of the driver. The only suggestion against him is in relation to the speed of his car. “From the evidence it seems that (bo little giil ran quickly across the road, and appeared from behind the traniear. 1 do not think that on that material there is any reasonable evidence of negligence upon which a jury may convict accused. I will dismiss both charges.”