FURTHER PROSECUTED.

Evening Star, Issue 21891, 30 November 1934, Page 8

FURTHER PROSECUTED.

AFTER ACQUITTAL BY JURY MAGISTRATE’S EMPHATIC COMMENT MINOR CHARGE SHOULD BE WITHDRAWN ■” The opinion of the court is that, the major charge having been dealt with, these proceedings should be withdrawn,” stated Mr H. W. Bundle, S.M., in the Police Court this morning, when the police proceeded against John Ainslie Sparrow on a charge of failing to give way to a tram at an intersection. The charge arose out of a fatal accident at the Leviathan corner. At the last criminal session Sparrow was acquitted by a jury on a charge of negligent driving and causing the death of a, man named Carr. When Mr W. F. Forrester, who appeared for Sparrow, mentioned that the defendant had been acquitted on the charge of causing the death of the cyclist, the magistrate asked: “ Why are these proceedings brought?” Mr Forrester said a civil case was pending. The Public Trustee, on behalf of Carr’s widow, was claiming £4,000 damages from . Sparrow’s emplover and the City Corporation. A conviction at this stage might prejudice his employer’s case before the jury. Counsel asked that the proceedings should be withdrawn. The man has been charged. There should be a major charge or no charge at all. The major charge was dismissed. Why, then, should this charge be proceeded with? “That, sir, is in the hands of the officers concerned, and for the present I ask that you adjourn the case,” replied Sergeant Stark. “I will note what you say.” The Magistrate: The opinion of the court is that the major charge having been dealt with these proceedings should be withdrawn. If it is desired to proceed, then the court will consider it. The case was adjourned sine die.