CHILD'S DEATH

Evening Post, Volume CXV, Issue 102, 3 May 1933, Page 11

CHILD'S DEATH

RAN FROM BEHIND TRAM

MOTORIST NOT TO BLAME

A charge of negligently driving a motor-car so as to causo death was brought at the Magistrate's Court, today against Leslie George Peach Bond. The charge was brought in consequence of the death of Elizabeth Beatrice Roberts, tigcd 10, who was knocked down by. Bond's car "as she was running across the road from behind a stationary train. near the intersection of Coutts Street and Oncpu Road on March 20. At the time the little girl was on her way to a Sunbeam parade at Kilbirnie, and was accompanied by anofher child, Muriel Gumming. Muriel Audrey Gumming said that she and the deceased child left a tram at, the Onepu Boad stop, went straight across to the footpath, and walked along it towards Scatoun to the' rear of the tram, and then started to crosa the road. The deceased was running in front of her when witness heard a' motorcycle or a motor-car. She called to her companion to Stop, but she did not hear her, and was struck by the car. Witness said that when she called out to the deceased to stop she was walking as quickly as she could behind her. William O'Sullivan, a tram conductor, said that he saw two little girls leave his tram, walk over to the foot" path, and start to cross the street. Witness lost sight of them, and heard an impact. He then saw' one of the girls rolling from under the back of. Ihe accused's motor-ear. Witness said ho had not noticed the accused's car until after the accident. John Patrick Murphy, a taxi-driver, said that when he was in a tobacconist's shop he heard a commotion outside. He left the shop and saw the accused picking up the little girl, who wus lying- on the road. The back of tho accused's car had gone on 33ft past the child. There was one skklmark about. 2ft long just where the car had stopped. John Wallace, a passenger on the tram, said that when the tram was stationary at the Coutts Street stop he caught a glimpse of a motor-car going past. A man in tho tram made- a remark about the car and then- said, "Good God, he has knocked a little girl down." Witness said that he heard the brakes of the car applied beforo it reached the end of the tram. Judging by tho time that it took to pull the car up, he thought that it would have been travelling at 25 to 30 m.p.h. - Another passenger on the tram, George Stanley Thomas, also estimated the speed of the accused's car at from 25 to 30 m.p.h. Doris Esplin, who was walking along Coutts Street in the direction of Kilbirnio at the time of the accident, said that when the tram pulled up she saw a motor-car coming towards it on its correct side of the road at about 20 m.p.h. She then saw two children leaving the kerb. One stopped a few feet from tho footpath and tho other van across. She. was almost across when the wheel of the car struck her. Tho driver of the car applied the brakes as ho struck tho child. Cross-examined by Mr. B. HardieBoys, who appeared for the accused, witness said she considered that the car was travelling at' a , reasonable speed. "I would say that the driver had no chance of missing the girl," she said. . , T Similar evidence was. given by Lorna Vera Monk, who was with Miss Esplm at the time. ■ . The iniurics received by the little eirl were'described by Dr. C. D. Henry. The actual cause of death was a fracture of the skull. Constable JTitzgibbon produced a statement made by the accused after the accident. In the statement the accused said that he crossed the intersection of Coutts Street and Onepu Eoad at a speed of 13 to 14 miles per hour, and lie then accelerated. As he was passing tho tram the deceased ran out from behind it, and he was unable to avoid her. After he had passed the intersection the greatest speed reached was from 18 to 20 miles per hour. He considered that the mishap was a, pure accident. The constable said that Bond was a licensed driver, and was quite sober at the time of the accident. The regulation speed .for motor-cars to pans trams was 15 miles per hour.. "This is a tragic occurrence, the death of a HtHo.girl-under the circumstances described," said the Magistrate (Mr. E. Page) at the conclusion of the case for the prosecution. The point he had to consider, however, was whether there -was any reasonable evidonco of negligence on" tho part, of the accused. As the Magistrate interpreted the case for the police the only suggestion against the-accused was in relation to his speed. Two girls had had a good opportunity "of judging the speed of the car as it was coming towards them, and they described the speed as reasonable. One of tho girls estimated that the car was travelling at 20 miles per hour. It was clear from the evidence of the two girls that the little child had run across the road quickly. They had stated that she had appeared suddenly from behind the tram, and tho driver had had no chance to avoid ]ier. "1 do not think that on that material there is any tangible evidence on which a jury woulri c-onvict," said Mr. Page. "I don't think the blame can bo attributed to the accused. I think the charge must be dismissed.'? , The Magistrate also • dismissed a further charge against the accused of dangerous driving, as he thought this case was in the same, position as the other.