DEATH OF PILLIONRIDER

Dominion, Volume 31, Issue 70, 16 December 1937, Page 21

DEATH OF PILLIONRIDER

Motor-Cyclist For Trial COLLISION WITH LORRY AT KAI IWI Dominion Special Service. Wanganui, December 15. A sequel to a fatal accident at Kai Iwi on October 23 when a motor-cycle ridden by Sidney Preston Rice, 19, grocer’s assistant, Wellington, was involved in a collision with a motor-lorry owned by 8. Wright and Co., Wanganui, was heard in the Magistrate’s Court, Wanganui, today, when Rice was charged with negligent driving and causing the death of his pillion rider,'Bertram Walter Fitzwater. Rice pleaded not guilty and was committed by Mr. J. H. Salmon, S.M., to the Supreme Court, Wanganui, for trial. Sergeant R. J. S. Whiting conducted the case for the police and Mr. C. A. L. Treadwell/Wellington, appeared for Rice. The lorry driver, Richard O. Smith, Wanganui, said he ran out of petrol at Kai,.lwi and returned to the store. After replenishing the benzine tank it was necessary for him to turn the lorry before continuing his journey to Wanganui. This manoeuvre required two locks, and the lorry was across the road when the accident happened. Before moving bis vehicle, however, witness looked up and down the road, but no traffic was in sight. The motor-cycle struck the side of the lorry. There was room for cars to pass behind the vehicle. He could not estimate the speed of the motor-cycle. Leonard Henry Mullins, labourer, said the motor-cycle passed him at Kai Iwi. It was travelling at from 50 to 55 miles an hour. He did not notice any slackening of speed. Cross-examined by Mr. Treadwell, witness said he thought he could tell the difference between 45 and 50 miles an hour. When asked if he was certain he replied he supposed so. Mr. Treadwell: That is just about as indefinite as the first answer. According to Robert Chasten Capon, cheese-maker, Kai Iwi, the motor-cycle was travelling at between 45 and 50 mile* an hour. Witness heard the noise of a tyre skidding on bitumen and also a crash. The driver of the motor-cycle seemed to be on the alert. Cross-examined by Mr. Treadwell he said it was impossible to judge accurately the speed of a passing vehicle to within 10 miles an hour. Another eye-witness of -the accident, Jack Day, labourer, said he thought the speed of the motor-cycle was between 50 and 60 miles an hour. Mr. Treadwell submitted that so far as the question of speed was concerned there was not sufficient evidence for the case to go to the jury. The lorry driver, said counsel, may have shot out without looking where he was going or a combination of circumstances may have caused the accident. Bail was allowed on Rice’s own surety of £2OO.