CAR DRIVER CHARGED

Evening Post, Volume CXXI, Issue 107, 7 May 1936, Page 11

CAR DRIVER CHARGED

SUPREME COURT. TRIAL

Allegations that he was driving ovv the wrong side of the road at an excessive speed arid in aji intoxicated condition were made by the Crown in the Supreme Court today against "William Mcßeynolds, aged 28. a ship's fireman, who pleaded not guilty to a charge of negligently driving a car, thereby causing the deaths of Charles Bradshaw and Ernest Marslon.

The case arose out of an accident on the Hutt Road, about three hundred yards south of Kaiwarra, between 7 and 7.30 p.m. on February 29, when the accused's car came into .collision with a motor-cycle, driven by Bradshaw, aged 21, a. ,d carrying on the pillion seat Ernest Marston, aged 43, both of whom were killed.

Mr. Justice Blair and a jury of twelve heard the case. Mr.-M. G. Neal appeared for. Mcßeynolds. Presenting the case for the Crown, Mr. C. Evans-Scott said that on the night of the accident Bradshaw. was riding his motor-cycle from Petone to Wellington with. Marston on the pillion seat. The accused was driving an eight-cylinder car in. the. apposite direction. Also coming from the direction of Petone was a Mr. Virtue, who was at the scene of the accident when it took place. He would say that because his car had recently had its engine overhauled he was limiting its speed to, 25 miles an hour. He saw Bradshaw's motor-cycle move up next to him with the intention of passing him, travelling slightly faster than 25 miles an hour, and he would say that immediately before the accident both his car and the motor-cycle were on their correct side of the centreline of the bitumen. That would be proved by measurements and photographs, said counsel. As the motor-cycle drew alongside Mr. Virtue's, car, Mr. Virtue noticed it slow down as Bradshaw apparently braked with the intention of dropping back behind Mr. Virtue's car again. As the result of that movement the motor-cycle would be travelling slower than 25, miles an hour. At the same time that he. noticed the motorcycle slow down he saw a car coming diagonally across the road towards him from the other side, and he drove off the bitumen to avoid a collision with this. car. As he swerved. on to the macadam he heard a crash behind him, and he found it was.caused by.the oncoming car hitting the. motor-cycle in a head-on collision. .

Mr. Evans-Scott, "with, the aid of a diagram, said that the spot where the Crown stated the motor-cycle wheel was at -the moment of impact was 7ft Bin on its correct side of the centre line, and that consequently the centre of the accused's car was on its incorrect side of the centre line by the same distance. '.. ' '.. '•'•■•'

The . grounds of the negligence alleged by the Crown against McReynolds, continued counsel, fell into three divisions. It was alleged that he was driving first on the wrong side of the road, secondly in;a state of intoxication, and thirdly, at .an excessive, speed. ' ' ' , ■'

The evidence of intoxication would be comparatively brief; said counsel. Two constables arrived on ithe scene of the accident about half an hour after it happened and they would say that they formed the opinion . that the accused was intoxicated. They took him to the police station, where he was examined by ■ Dr. Pattie. who would say that in his opinion the accused was under the influence of drink and unfit to drive a car. Evidence as to excessive • speed would be given-by Mr. Hamill and Mr. Wood, who were in a car of the same make as that driven by the accused and proceeding in the same direction. Shortly before the accident they were passed'by the accused and Mr. Hamill noticed from their speedometer that they were travelling at 28 or 29 miles an hour. They would say that they formed the opinion that the accused was travelling in the vicinity of 60 miles an hour.- • ■ ■' ':

The Crown,. said Mr. Evans Scott, would also call an expert who would say that he examined the car after the smash and found the distributor and the generator both broken. Those v were vital parts, and. the. breaking of them would at. once ■ render ■ the engine "dead," in which condition it would act as a slight brake. Evidence would also be given that/an examination of the damaged vehicles indicated that the impact was such that the car must have been travelling. at an excessive speed. . : ■ . : Crown witnesses were then called. (Proceeding.)