A MOTOR FATALITY

Evening Post, Volume CXVI, Issue 23, 27 July 1933, Page 9

A MOTOR FATALITY

EVIDENCE OF DRINK

YOUTH'S NEGLIGENT DRIVING

(Special to the "Evening Post.")

PALMEESTON N., This Day,

"From the Crown point of view there is no apparent reason, why the accused should not have avoided hitting the deceased;" declared Mr. H. E. Cooper (Crown Prosecutor) when opening the trial in tho Supreme Court today, of Samuel John Sullivan, cabinetmaker, of Wangahui, charged with negligently driving; a: car,' thereby causing, death. "There was'a clear^oad, straight, wide, arid level, with good visibility from an almost .full moon. Nor was there any approaching traffic to possibly dazzle the sight of the accused," added Mr. Cooper.1 The jury agreed that the accused had been negligent, and brought in a verdict of guilty with a strong recommendation for mercy- on account of Ms youth. ~-...■■ Tho case was the sequel to a fatal accident on the evening of April 8 on Kangitikei line, about three miles froa Palmerston North. A three-seater ca: driven by the accused, with four others as passengers (two in the dickey seat) ran. down a young man named John Patrick O'Farrell, who was riding a bicycle, and. so seriously injured him that he died in hospital half an hour after : admission. Tho accused, who is only 21 years of ago, had visited Feilding with a Eugby team, and after dinner at a Ecilding Hotel, where one or tYro drinks WQi'C consumed, left with four other members of the team for Palmerston North in -tire hope of being ablo to attend a dance. .; ■ v ,

When giving evidence at the inquest the accused said that the only reason .he could give for not seeing the cyclist was bad visibility, but: a: number . .of ■witnesses were called yesterday to show that visibility under the light of the moon was good. In his summing-up to the jury, the Chief Justice (Sir Mieh.ael My ere) said ho was not one of those ready to condemn young men for talcing a little liquor, yot it was unfortunate that they should have young men of twenty years of age ccirning into. Court and saying that in the space of about an' hour they had consumed no less than five medium or. long beers. His Honour was referring to th'o evidence, given by one of the four members of the football team •who was in the car at the time of the mishap. ,'"; Addressing the jury after tho presentation o| .the verdict, his Honour said he quitoagreed with it. "I don't see how you' could have" come to any other conclusion,'' he added. Tho prisoner was remanded till Fri> 'clay for sentence.-1