MAN FATALLY INJURED

Evening Post, Issue 36, 12 February 1935, Page 11

MAN FATALLY INJURED

WAIRARAPA ACCIDENT

DUIVER CHARGED

In, the Supreme Court yesterday John Stewart was charged "that on November 30, 1934, at ClareviUe, Wairarapa, he did negligently drive a motorcar on the Masterton-Carterton .road, thereby causing the.-deatMof: Thomas Lacey." • ■-'■•'';-'-;';;.-' The. Chief Justice (Sir Michael Myers) occupied the Bench. Mr. P. S. K. Macassey conducted the prosecution, and. Mr. S. •V. Gobding; Masterton,defended the accused. Outlining the case, .Mr. Macassey said that about 11 o'clock on the night of November 30, 1934, Thomas Lacey, I who. was about ; years"Of;'age, was I proceeding ijs&oiag.'i&Je : rdain toad 'from Cartertbn to, Sl4st:ertoii.;;7The'.'driver: of a bus coming the other way. found Lacey lying on the side of the road badly injured. Lacey. was taken to. the. Masterton Hospital, where he died next: day, A motor-cycle rider' would state that he met a nye-seater tourer motorcar^ just before :the bus stopped. • The accused was interviewed by the police, but denied; that the -car lie/-was- driving knocked down a man. on the road. The accused, however, ■'subsequently' made another statement to the.police, [Which varied materially from his first 'statement; •;.■■-.. . ••, ' Leonard Arthur'Daysh said that on the day. in. question, he went to Masterton- from. Carterton on His motor-cycle. He left;on thei return,journey at 10.20 p.m. He: passed■ a man on.the road, about two or three; miles from 'Carterton; The man^ was walking towards Masterton. In passing,, the, man raised his hand to witness.; He was walking on, the left-hand: side of the road, on the bitumen. 'The night, was fairly clear for driving. About a quarter of a mile further oncwitness passed a car; jHe did not. pass any other car until lie reached Carterton. . Witness left Mas-' terton about the same time as the bus ! and got ahead of the bus. On arrival at Carterton -witness \ went back to meet the bus. The bus stopped, two or I threev miles frorri Carterton. He saw. [a man lying on the side of the road." He thought it was the same man that he had passed on the road at an earlier hour. '■ ': ':" • , ■'" ■: V'v: ::;'' . '■:'.■'' .■■■ - ,'• BUS DRIVER'S EVIDENCE. . Vincent' Claude Andrews, driver of the 10.30 p.m.: bus from Masterton to Carterton, -said..that, he saw a man lying on the side :of the road. '•-:He stopped the bus, lighted a match, and spoke to the. man, who was. dazed; - his head was bleeding. He passed a touring car nearer Masterto^ Witness-was present when: the .doctor and the '■ police arriyr cd... He pointed ; " out to'them.the splat where the. man> was lying. - : To Mr. Gooding, witness said that he did not see any tracks at the scene of the accident to-indicate; that the car had been driven in an erratic manner, or that it had been driven off the side of the road. In the case.of.passengers waiting on the' side of the v road to be picked up by the bus, it sometimes hap-, pened.that a driver, would, get rather close to them before-stopping to pick them up. Lacey was'wearing a dark suit." ■.' :■ •. ' .;. •'••■,-■'..' •. ..'•-..'• ~-.- .'..-'■ ."" To the foreman •of the jury: If you! have a wide beam of light, you can pick, up-.better at :a:.s.hbrt.aistanceV I£ you have .-"a"'narrow.- beam sof light'you can pickup. at: a longer .distance. I have, a light giving a wide beam, but I also have a centre light.: • . To. Mr; Gooding:: I do. not suggest that Stewards" lights were; insufficient. ; In a ; written- statement,. Dr. Hosking said .-.that Lacey died in, jhe f Masterton Hospital about 24 hours after admission. The cause of death was shock and peritonitis,' following. ■ perforation of the bowels. ■; - v; ■/ ■ Henry James' Flymv labourer, stated that on the night in -question he' and the accused and,a,^rnan; named Hughes were in a hotel'at Carterton; They had some drinks. . Stewart drove the car from Carterton. towards" Masterton. Witness was of opinion that they were all sober. - . :.\.." ■ ■ : ; ■;' ■• In answer, to a question asked by his Honour,, witness said:', "Our car turned off into a side, road: I.< thought there might have, been an accident on the road.". - ' '/.iy ::-,:- /'.:.-,■■ ■' - ;Tp;Mr. Macassey:'l- saw a, man on the side of thVrpad:arid?l said to the 1 driver: "We missed that man, but.he had a .narrow, escape." Witness said that on' the next Monday he noticed I an- account; of a fatal motor accident in' jthe-newspaper.: ..^ ■, : ; ■■'.. ~.'.; :?,":,-l j-'".:; ■■~'.: POUCE INQUIRIES. ; i r Detective Robinson/said, that, in company ; with Sergeant Dyer, he" interviewed the accused at ,his';home. ,He toid the accused that he had. reason to believe that:lie was the person responsible for knocking Lacey down. Witness told the' accused that the • offending motor-car did not stop. The accused made a statement in which" he asserted that lie had, no" knowledge of knocking a man'down oh, ;the road home. After interviewing Hughes, who: was: in the accused's; car, witness said he returned to the: accused's home. The accused then admitted that he knocked a man down on -his journey.back to 'Masterton. The accused 'said that a man stepped out of the shadows; there was no. chance,of avoiding him, and the car struck,the man. The accused said he started to pull up when someone called but; "Go ,for your life; he is not mucli hurt." .Defective Robinson said that 'the .accused- made a further statement in which, he' said that when about three: miles from Carterton, a man seemed-to' step out of the shadows almost in front of the car. Stewart, said he swerved, to try and aypldr the man, but the car struck, him. | ' Sergeant Dyer, of Masterton; corro-1 borated the, evidence by Detective- Robinson.:.-.-? :..".-v::.-.' .;".:.'.:•,. .."■ *■; ■■-..'■' Mr. Gobding"...outlined the evidence which would be given for the defence. The Court then adjourned till today.