FATAL ACCIDENT

Evening Post, Volume CXXVI, Issue 128, 26 November 1938, Page 11

FATAL ACCIDENT

INTOXICATION CHARGE

WELLINGTON MAN FOR TRIAL

l ßy lelegraph—Press Association./

WAIPUKURAU, November 25.

A grocer's assistant, Neil David McGoldrick, aged 21, of Hataitai, Wellington, was charged at the Magistrate's Court that at Whenauhou, near Takapau, on October 22, while in a state of intoxication when in charge of a motor vehicle, by an act of omission he caused the death of Harold Claude Russell.

Russell, aged 16, was also a grocer's assistant, and lived with his widowed mother at 25 Disley Street, Kelburn.

The original charge of negligent driving, causing/death, was withdrawn'on the application of the police. Mr. J. Miller, S.M., was on the Bench, with the Coroner, Mr. F. A'Deane.

A police officer described a visit to the scene of the accident. He found Russell's pulse slight, but he was dead on the arrival of a doctor threequarters of an hour later. The accused, said witness, was not in a fit condition to drive, owing to having taken liquor. "I will be a done man; I will be ruined for life," was the accused's reply, continued witness, when arrested. From an inspection of the locality it appeared that the van had travelled straight on and had not attempted to round the corner.

Gordon Cunningham, a farmer, gave evidence of hearing the crash. He found the van overturned. The corner, he said, was a dangerous one to strangers to the district, and several other cars had previously gone off the road.

James Murphy, licensee of the Takapau Hotel, recalled the accused's visit with a friend at 10 o'clock on the night of the accident. They were under the influence of liquor, and' witness refused to supply them with more. He ordered them to leave.

McGoldrick pleaded not guilty and was committed to the Supreme Court at Napier for trial. Bail was allowed.