HUTT ROAD SMASH

Evening Post, Volume CIV, Issue 24, 28 July 1927, Page 12

HUTT ROAD SMASH

H. B. KENNY'S DEATH

STACEY AND HARPER CHARGED

IffAESLAUGHTEE TEIAL

The motor tragedy that occurred on the Hutt road on the eveniug of 24th May, and which resulted in the death of Henry Brian Kenny, driver of a service car, was investigated at the Supreme Court to-day when Harry Stacey and Ernest Edward Harper were ■ charged under the Crimes Act" with manslaughter. They were further charged under the Motor Vehicles Act with negligently driving a motor-car, thereby causing the death o: Henry Brian Kenny. Mr, Justice Reed presided. Mr. P. S. K. Macassey, Crown Prosecutor, conducted the case. Mr. B. J. Dolan appeared for Staeey, aad Mr. W. E. Leicester for Harper.

Mr. Wilfred Beswick Willis was the foreman of the jury.

Mr. Macassey, in opening the case, said it was alleged that the two accused had taken a motor-car from the city on the afternoon of 24th May, had driven it at a high speed along the Hutt.road, and had swerved across the road and charged into a Masterton service car, with the result that Kenny was killed. Mr. Macassey said each of the accused had made statements to the police, but each statement was admissible only against the man who had made it. Mr. Dolan objected to Mr. Macassey detailing the statements to the jury His objection was overruled. Mr. Macassey said that Stacoy said at the time of the collision he was preparing to jump off the car. Harper, in his statement, said Stacey was driving the car. Mr. Macassey said the case Was one of a joint adventure. He said both the accused were in occupation of the car, and both were jointly responsible.' EVIDENCE CALLED. The first witness for the Crown was Senior-Sergeant Dinnie, of the Criminal Registration Branch of the Police Force, who produced photographs of the scene of the accident showing the point where the car driven by the accused had swerved, and where the accident took place.

Dr. T. N. Usher, who drove along the Hutt road shortly after the accident, described the injuries which caused Kenny's death. The windscreen, - he said, was broken, and tho stanchion carrying it was bent back. To Mr. Dolan: The steel wheel of the service car was broken. A frequent accompaniment of shock would be loss of memory. To Mr. Leicester: He was at the scene of the accident for about ten minutes or a quarter of an hour. EVIDENCE OF TKAFFIC INSPECTOK. Traffic Inspector M'Courtie produced a plan of the scene of the accident. Mr. M' Courtio said the bitumen was 24 feet wide, and the metal road on each side of the bitumen was 18 feet in ■width. Ho Mr. Dolan: The only vehicles indicated on the plan were Kenny's car, the Essex car, and the motor lorry. To M>. Leicester: If the car was swerving from side to side the constable would have an opportunity of seeing the driver. Mr. Macassey: "Surely that is not evidence?" Willam Hall Eaiuc, a photographer, •produced photographs of the Essex car and of tho service ear. His Honour: "Is that a flashlight photograph? It's very clear." Mr. Macassey said he would omit the evidence of Dr. Bridge, whose evidence concerned Miss Williams. No charge was made in this respect. Courtenay N. Kenny, carrier, of Johnsonville, the deceased's brother, said that H. B. Kenny, who was a returned soldier, had been driving a car for about five years, and a service car for about 18 months or two years. He was married and had three children. TAKEN FROM WAKEFIELD STREET. Bertie Sommorville Lyon, a merchant, said he left his Essex ear in Wakefield street about 3 p.m. on 24th May, and missed it about 3.15 p.m. that day. Nobody had authority to use it. He went looking for it and found it on the .Hutt road about half a mile on the Wellington side of the Petone railway crossing, lying on its side and badly damaged. CAR IN CHEW'S LANE. Lambert Fountain said that on the afternoon of the tragedy ho was looking out of a window into Chew's fane, when a motor-car stopped in front of his firm's door. The car was a grey, five-seater Essex, and he saw two men —-the accused—standing beside it. They walked, iv the direction of Willis street, speaking rather loudly. He saw the men return, get into the car, and start it after some 'difficulty. The driver, who was dressed in light trousers and a bine coat, drove out of Chew's lane in the direction of the G.P.O. The men appeared to be very drunk.

To Mr. Dolan: The blue coat was not an overcoat. He concluded from the handling of the car that the driver was a "new chum" to that mako of car. He next saw both the accused at the Magistrate's Court on Bth June. No one had pointed them t t. Before coming to Court, Detective Kearney had' asked him if he could identify the men. He thought Stacey was the man driving the car. To Mr. Leicester: The man who was not driving was the more drunk of the two. As far as he could see, Harper did not do anything towards starting the car and driving it off. MOTORMAN'S EVIDENCE. Sydney Claude Smith, a tramway motorman, said that on the afternoon of 24th May he was driving the Kaiwarra trackless tram, when, about 4.7 p.m., he saw a motor-ear coming from Wellington ,in the direction of Petone. He first saw the car, a grey Essex coach, near the tram sheds. It was being driven about 54 miles an hour on its correct side of the road. As it approached it started swaying from one side of the road to the other, and witness took his tram off the bitumen to avoid a collision. Two men were sitting in the front of the car, both appearing to be crouched over the steer-ing-wheel. He was unable to get a good view, and could not identify the men. The car nearly collided with a horse lorry after passing witness, and continued its journey swaying. Witness had been driving a car for sixteen years. To Mr. Dolan: In New Zealand he had driven a car at a maximum speed of 40 miles an hour, though at Home ha had driven about 80 or 90 miles an hour. To Mr. Leicester: He could not swear that the man next to the driver had his hands on the steering-wheel. Owing to the swaying, the man might have been pushed over on to the driver. If lie was too drunk to sit up, the man's atUtudo was consistent with his having fsUicn over the wheel. PATROL CONSTABLE'S STORY. Constable '{uddell, who was on motor S?£°i, duty ou tho Hutt r°ad on- the 24th May, said he saw a light coloured Essex car flash past him at about 40

miles an hour, The legal speed at that part of the road was 15 miles per hour. He followed the car, and took its number, 65-638. He overtook the car at Ngahauranga and signalled to the driver to stop. He got in front and held out his hand, but the driver did not stop. Witness turned off the road sharply to avoid being run over. He followed the car to the place of the collision at a speed of 48 miles per hour. Just before the collision the Essex car swerved on to- its wrong side of the road, and crashed into the service car, which was on its correct side, and was just overtaking a motor-lorry. Just before the collision the lorry pulled off nearly on to the metal at the side of the road. WHISKY IN THE CAR. Constable Kuddell said the hood was nearly torn off the service car. After the collision, witness found a small flask of whisky in the back of the Essex car and a broken tumbler. To Mr. Dolan: "Several vehicles were passed by the. Essex car. When he observed the service car, it was one or two chains behind the lorry. He first saw the service car when it was about 200 yards away. The lorry (Stent's) was half on the bitumen and half on the metal. Witness thought the lorry got off the bitumen to avoid the Essex car. He denied that police officers generally exaggerated the speed of cars."

His Honour: "You had a speedo meter, didn't you?"

To Mr. Leicester: "Whoever was driving the Essex ear was using his accelerator. Witness rode along side the car first. The man driving resembled Stacey. Between Ngahauranga and the scene of the collision, the Essex ear was never out of his sight. He did not think it likely that between Ngahauranga and the scene of tho collision the two men could have changed positions." Noel E. Souper, a. motor-bus driver, said he left Wellington for Petone about 4 p.m. on 24th May. On the Wellington, side of the Petone crossing he saw an approaching motor lorry swerve quickly. At the same time, a grey Essex car overtook witness, who was travelling at 28 miles per hour. The Essex car was travelling between 50 and 55 miles per hour. Prior to the accident, the Essex car was on its correct side of the road. It swerved across the road and struck the service car. After the Essex car came to a stop, one man in it was lying down, and one was half sitting up. He saw no one leave the Essex car prior to the collision. Hector Horace Moss, who was driving a motor lorry to Wellington about the time of the accident, said he saw the Essex ear approach at about 60 miles an hpur, and the patrol constable chasing it. He stopped his lorry, and, on looking back saw the service car approaching, and observed the collision. A motor truck-on the metal part of the road was close to the service car. Witness saw two men in the front of the Essex. Bryan Thomas Elsmore, ' a master mariner, who, was a passenger on the lorry driven by Moss, said he saw Harper in the overturned Essex car. Witness went to his assistance, and Harper said he could get out himself. Witness thought Harper was driving the car. Evidence was also given by Sydney David Waters, a reporter, who was a passenger in the service car. He said the Essex car came swerving, and was travelling at a terrific speed. Tho service car passed the lorry and straightened up on the correct side. When the Essex was 50 yards off, witness saw that a collision was inevitable. The servico car was travelling at about 25 miles per hour. Witness said he was stunned by the blow, and received a cut across his face. Miss Williams, another passenger, was doubled up on tho bottom of the car. All the way down from Masterton, Kenny appeared to be a good driver. He could not have aone anything to avoid tho accident. Mr. Dolan cross-examined Leonard Gledhill, who was on Moss's lorry. Glodhill said the man in the light suit (Harper) was driving the car whon it passed him, and was in a crouching position. To Mr. Leicester: Ho did not neo the face of the driver. , •

John William Edmonds, the driver of Stent's motor-lorry, said ho also observed the Essex approaching from Wellington. The Essex was swerving and travelling about fifty miles an hour. Witness moved off towards the side of tho bitumen. Ho identifier] tho accused as the occupants of the Essex car, but could not identify the driver. Tho service car was slightly ahead of witness's lorry when the collision occurred. The service car was forced on to witness's lorry, which was damaged, and had to bo towed to Wellington. After the accident witness sisked the man in the light suit if ho was thn driver, and tho latter replied, "I don't know."

(Proceeding.)