LORRY DRIVER'S TRIAL

Evening Post, Volume CXVIII, Issue 28, 2 August 1934, Page 12

LORRY DRIVER'S TRIAL

CAR OVER A BANK

NEGLIGENCE ALLEGED

Tho trial of Cyril John Steer on a cluu-go of negligently driving a motorlorry and -causing bodily injury to George Kermodo on January 13 last was resumed in the Supremo Court this morning before his Honour the Chief Justice (Sir Michael Myers) and a juryMr. P. S. K. Macassey appeared for tho Crown and Mr. W. E. Leicester defended Steer. Yesterday's evidence appears on page 9. • "CANNOT REMEMBER. " Peter Win. H. Ell, who, with Ms dog, was given a lift in the lorry, said lie could not remember very well about noises heard. Mr. Macassey: .You have given evidence before?— Yes. The Chief Justice: Come, you remember all right. Remember, this is a Court of Justice. In answer to further questions by Mr. Macassey, witness said ho could not be definite about the noises. The Chief Justice: I recommend you to pull yourself together and just answer questions. Remember, you are in a Court of Justice. You can't help remembering these things. Witness failed to recall any more specific noises. Cross-examined, witness said his attention was given to the dog during the motor ride—-it was a dog which.' had not been in a motor vehicle before. The lorry was fairly noisy. He did not remember any particular bump. Arthur Cameron Frandi, who was in the cab of the lorry, cross-examined, said he remembered at the inquest saying that Steer had mentioned a rattle which he could not understaud. ; Constable R. G. Busch, Palmerston North, said he found a dent- four inches long and a quarter of an iuch deep on the front left-hand mudguard. It appeared to be recent. DETECTIVE'S EVIDENCE. Detective Robinson said that he interviewed the accused on January 21, saying that he understood the accused was the 'driver of a motor-lorry on January 13 proceeding to Wellington, and that it was believed he w£fs rosponsible.for the accident. The accused said ho was not the person responsible, interviewed again on January 22, the accused was told that the passengers had been interviewed and that they had said he had struck the car when passing it, and they had told him •• h.e had better stop. The accused denied that that, had happened. The accused "was told that- the men had said he told them to keep quiet about the matter, as he had a wife and four children to think about.

Witness produced a gallon -jar which was handed to him by the accused on January 22. It was the jar referred to in evidence.

Arthur John Hyder, driver of a car on his way to Otald, said he passed only two vehicles between Ngahauranga Gorge and the scene of the accident —first a small darkish-coloured car and then the red lorry with two or three men in the cabin. The red lorry was not more than 500 yards away from the scene of the accident.

Called for tho defence, Leslie John Blackburn said he was present at the police examination of the lorry. There was a mark on the front mudguard; in his opinion it did not show a red smear. Witness and the constable agreed that the dent was not of recent origin. There were no dents of recent origin. DRIVERS AND DRINK. Mrs. Steer, wife of the accused, said there had been, no signs of drink about her husband.

The accused, in evidence, said he had been driving for the company for seven years, on an average of 50,000 miles a year. lie had never had an accident. lie had had two drinks of beer at each of two hotels, and not more than throe drinks at Tawa Flat.

The Chief Justice: I suppose when you are driving for the company you are not allowed to drink?

Accused: That is so. The Chief Justice:' A very sensible rule, too.

Witness said he had no recollection whatever of seeing Kermode's ear nor of having felt any bump. None of the passengers, had mentioned any nor had he been asked to stop.

In answer to a series of questions put by his Honour, witness said he knew there were modifications in the statements made by the three passengers in the accused's lorry.

Keith A. Goldingham, a director of the company, said the accused was "about the best man the company had."

Counsel addressed the Court just before the luncheon adojurnment, and his Honour summed up in the afternoon.