NEGLIGENCE CHARGE

Dominion, Volume 34, Issue 124, 19 February 1941, Page 10

NEGLIGENCE CHARGE

Driver Found Not Guilty

DEATH OF TWO MEN

Dominion Special Service,

WANGANEI, February 18

After retiring lor three hours anil 15 minutes, a jury in the Supreme Court, Wtiligiinui, today acquittcd Percy David Wootton, wlio was charged with negligent driving, causing death. The charge arose out of the death of two men in an accident near Bulls on November 111. In evidence Wootton -aid lie entered camp at Trantham with the Army Service Corps in October. He was now a corporal. ami was 37 years of ago. He had lived in Marton lor (lie past 15 years. At 3.3(1 p.m. on November Hi he arrived fit. Marton in iiis car. witli Warrant Officer R. Andrews as a passenger, lie hail three pony shandies during the al'lernooti. ami nothing lo drink after dinner. He left Marton at 11 p.m. witli three Air Force rnei. in tlie back seat, calling at French Street to pick up Andrews. Tlie lights of iiis ear were good, but threw a narrow lieain. Visibility was I'tur. He travelled at about -10 miles an hour. He swerved slightly to avoid a hedgehog on tlie road, having punctured n tyre by running over one three weeks previously. Then a cyclist, loomed ahead, moving, fie thought, to liis left. There was a blinding flash of light and a collision. His first recollection after the impact was tlie racing- of liis engine through tlie accelerator having jammed.

Approaching tlie scene of the accident. Wootton continued, he had seen the light of a moving car approaching from Bulls some distance away. After the accident he was very upset. He did not remember what Joseph I’outama. a passenger in the oilier car. said to him.

In reply to Mr. 11. F. O'Leary, counsel for tlie tiofence, Wootton said that the hole in the road referred to iu evidence by Constable R. Tnrvey, would not mark where the wheel of Blunden's truck hail stood, but would bo caused by the rim digging iu after tlie trued; wits lifted by the impact. 'Die only explanation ho could give of not seeing lhe truck was that it was neutralized against the background of trees and the lights of the approaching car. After getting the police and a doctor, he secured another ear and drove to 'J'rontliam from Marton to report in camp.