GRAND JURY DISAGREES

Evening Post, Volume CVI, Issue 121, 28 November 1928, Page 13

GRAND JURY DISAGREES

JUDGE DISCHARGES/ACCUSED . (By Telegraph.—Press Association.) HAMILTON, 27th November. An unusual position Was created in the Supreme Court to-day, arising out of the disagreement of /the -Grand Jury. Andrew Ernest Randrup,' of-'Matania* ta, farmer,-whose ' motor-car' .c.ollidied with a train with fatal result's' to two passengers, Mrs. Toi Rawhiri and her infant daughter,- came before. the Court on a charge of negligent'", driving, causing death. Twonty-one: jurymen wero empanelled. As less than 12 voted-a "true bill," Mr. Justice Blair found "no bill." Describing the case in his charge to the Grand Jury, his Honour said Raridrup had driven two Maori women and a baby to Matamata to see a doctor. 'He was returning ; home' with ,'them. There was a belt of trees near ai crossing obscuring the view to some extent. The train Was a special' express, which went through the station of ■■ Matamata at 40 miles an hour.-'". At this rate 'the train would take lOsec to reach the crossing from the point at which it was obscured by the -.trees.; By ■• Statute there 'was an obligation' on motorists to approach the' crossing at not _iore •than ten miles an hour, and.stop before' actually crossing. Certainly ' the rule about stopping was usually broken, but it was specifically laid down that this must bo done. As the Grand ■ Jury had only to decide whether there was a prima facie case, it would probably have no difficulty. The Grand Jury retired at 10.30 a.m., and returned at 3.30 p.m., unable to agree. The Judge discharged Randrup. ''