CANON FOR TRIAL

Evening Post, Volume CXXVI, Issue 83, 5 October 1938, Page 14

CANON FOR TRIAL

NEGLIGENCE CHARGE

ACCIDENT IN KELBURN

BOY CYCLIST'S DEATH

Negligent driving causing the death of Stanley Hvid, at the intersection of Salamanca Road and Kelburn Parade, on August 18, was the charge brought against Canon Douglas Blomfield Malcolm, aged 46, organising secretary for the Wellington Diocesan Centenary Appeal, who appeared before Mr. J. L. Stout, S.M., in the Magistrate's Court today. After the evidence of the prosecution was heard Canon Malcolm pleaded not guilty, and was scommitted to the Supreme Court for trial. Senior-Sergeant D. J. O'Neill prosecuted and Mr. S. G. Stephenson appeared for the accused. Einer Hvid, who gave evidence of identification, said that his son was a grocer's assistant, aged 17.~ He had good eyesight and hearing. A plan of the locality was produced by Philip Wallis Vautier, surveyor, who stated that on the afternoon of August 18 he accompanied Constable Sinclair to the scene of the accident in order to take measurements. The constable pointed out several skid marks and bloodstains, and also pointed out crayon marks where the car was parked at the time he visited the scene. There were three distinct skid marks just north of the intersection. The most northerly skid mark started at a point 15ft from the western kerb of Salamanca Road, and, extending lift along the roadway, finished lift lOin from the kerb. There was a second skid mark lft 6in long 6ft 9in from the western kerb, and another 2ft 6in long 9ft from the western kerb. There were bloodstains on the roadway 14ft from the western kerb, and Bft 9in south of the most southern skid mark. Crayon marks showed that the car was 43ft 6in south of the commencement of the first skid mark. The rear portion was 3ft clear of the kerb, and the front portion 2ft lin clear. Visibility was quite good in the locality, said witness. When he visited the scene a light drizzle had just commenced. There was a driveway into Victoria College, said witness to Mr. Stephenson. For a person travelling due north the sun would be generally in front of him, and about 15 degrees east of true north at 11 a.m. that day. Frank Oldfield Jensen, a constable attached to the Criminal Registration Branch, Police Department, produced photographs of the car, taken after the accident, and also photographs of the bicycle. DAMAGE TO CAR. John Walter Glennle, motor vetiicle inspector employed by the Transport Department, said that he had examined the car on August 18. It was all in good order mechanically. The damage, all on the near side, consisted of a vertical dent on the front mudguard, a large flat dent on the door, and a small dent on the windscreen frame. There was also a graze mark on the front bumper.. The brakes were in good order. Medical evidence was given as to the nature of the injuries received by the deceased. William Austin Heath, caretaker at Kelburn Park, said that at II a.m. on August 18 he was working on the western side of the park near Salamanca Road. He saw a car passing, and shortly afterwards he was told something by a man and looked over the fence and saw that there had been an accident. He saw someone lying on the road and a bicycle some little distance from him. He went to the scene and found a boy whom he knew lying on the road nearer to the western side, and about 12 or 14 feet from the kerb. He saw. a bicycle lying to the south of the body, about four or five feet away. There was a motor-car drawn up about six feet from the kerb on the western side, facing up Kelburn Parade. It was about thirty feet south from a water-trough. When he looked over the fence, said witness, the car was still moving, coming to a stop. He did not think the car was moved from the time it stopped after the impact until he saw a constable at the scene. The driver of the car said the sun was in the boy's eyes, and when, he approached the cyclist commenced to wobble. The car that passed him prior to the accident was beingMriven at a reasonably safe speed on its correct side of the road, said witness. It would be about 60 yards from the intersection when he last saw it. It was the same colour as the car involved in the accident. Witness would not say the intersection was difficult or dangerous. j ■ Percy Simpson, a motor-driver, said | that at 11 a.m. on August 18 he was delivering bread at flats on the western side of Salamanca Road, just by a I water-trough. He was on the second I floor of the flats when he heard a loud | crash, and he looked through a winjdow and saw a boy lying on the ground, and a few yards further south jwas a bicycle. There was also a car pulled up a little further south still, close to the kerb past the watertrough. The driver left his car and went across to the boy. When he got down to the scene the driver was holding the boy, and asked witness to ring for a doctor and the police, which he did. The car was about 6 feet from the kerb. On the following day he visited the scene with a constable and pointed out where the car was pulled up, the place where the boy was lying, and also where witness's car was parked at the time. "SUN IN BOY'S EYES." Just after the accident the driver told witness that he was trying to avoid the boy, who was wobbling on his bicycle across the road. He said he did not think the boy bad seen him, because the sun was in his eyes at y the time. To Mr. Stephenson witness said that he considered the crossing very dangerous. Robert Clarendon Malcolm, estate agent, said that at about 11 a.m. on August 18 he was coming down from Kelburn in his own car. He stopped at the top of Kelburn Parade and noticed a car at the bottom. He got out of his own car to examine a defect in a rear wheel. Some minutes later he drove on down the parade and stopped at the intersection. He saw a boy being held up by Canon Malcolm, assisted to carry the boy from the footpath, and remained until a doctor and the ambulance arrived. The car was parked a few feet up from the trough on the west side, near to the kerb. He saw a patch of blood which appeared to be about the centre of the intersection. Canon Malcolm said-something about the sun shining in his eyes, said witness. He took it to mean the canon's eyes. Witness was questioned at length by Mr. Stephenson. Canon Malcolm, he said, might have meant that the sun was in the boy's eyes. He was not related to the defendant. STATEMENTS TO CONSTABLE. Constable P. Sinclair detailed measurements he had taken at the scene of the accident. There was no mark