ROAD FATALITIES

Evening Star, Issue 23093, 20 October 1938, Page 21

ROAD FATALITIES

CHARGES AGAINST MOTORISTS , CAR DRIVER ACQUITTED [Peh United Press Association,] CHRISTCHURCH, Oct, 19.. A jury in the Supreme Court to-day found William Henry Amos not guilty on charges of negligent driving causing death, and failure to stop after an accident. Amos an accountant, of Ashburton. was involved in a collision with a motor cycle on the Main South road on May 28. The driver of the motor cycle, Laurence Joseph Kiesanowski died from the injuries he received. The Crown’s evidence was heard yesterday. Called by his counsel (Mr C. S. Thomas) Amos gave evidence to-day ■>He- - said he was travelling behind another car when a motor cycle approached them near Burnham It veered inwards to him. . He himself was on his correct side of the road. He could not believe that with the hump he heard such damage could be done as he later discovered there had been. He immediately eased up, but found there was something at the front of the car preventing him from turning round. One of his passengers got out to see what was wrong and told him that the mudguard was jammed on to one wheel. He got out. too, and they put it right. It was definitely less than five minutes before he returned to the scene of the accident. A few minutes later he went to Rolleston for help. Thomas Rattray, of Ashburton who was one of the passengers in the accused’s car. corroborated the evidence given by Amos. He said the speed of the car was 40 to 45 miles an hour

Harold C. Rogers, manager of the State Fire Office in Christchurch said the load on the motor cycle was about 1441 b. and the total weight on the machine with the two riders was 4cwt. He used to ride motor cycles, and he considered, that this weight was certainly not safe. „ Hugh E. Kennett. a garage proprietor. said that for a motor cycle the load of 4cwt was not safe. Mr Justice Northcroft, in bis summing up. directed the' jury to return a verdict of not guilty on the charge of failing to stop It had been shown that Amos had come back to the scene of the accident and that he did so with considerable urgency. The charge of negligence turned, his Honor said, on the position of the accused’s car on the road. The prosecution alleged that Amos swerved towards the motor cycle, and the defence was that the motor cycle vet ed towards Amos. If the jury was unable to say which of these contentions was to be accepted, then Amos was entitled to the benefit of the doubt.

TRUCK DRIVER CHARGED

WANGANUI. Oct. 19. Following a fatal motor collision near Wangaehu last Friday night, Matari Rokcna, known as Murdock Rogan, aged 29, a resident of Ratana pa, was charged in the Magistrate’s Court today with negligent driving causing the death of Joan Elizabeth Oldfield The evidence was heard before Mr J. H. Salmon, S.M. Mr M. S. Dixon, coroner, also sat and conducted the inquest. Evidence was given by the driver of the car in which the deceased was a passenger that he noticed a truck coming towards him from the direction of Ratana pa, but it was not giving him much room and was edging towards him. It struck his car and continued on. Witness brought his car to a standstill and found that Miss Oldfield was seriously injured and unconscious: The truck returned later, going in the direction of Ratana pa. but again did not stop. Still later, the truck returned once more. The police in the meantime had arrived on the scene and arrested the accused. Frank Bentley gave corroborative evidence. Tui Waikere, a resident of Ratana pa. said that a party had been held at his house on the night of the accident. The accused was present listening to the results of the Maori election. Witness had some beer, but did not know if the accused had any. Witness and the accused left the pa in a motor truck going to Wangaehu, intending to call at an hotel. The accused was driving. Witness saw a car coming, and as the vehicles passed he felt a scrape. The accused asked witness if he felt anything. Witness replied, “ Yes. only a touch.” Witness looked back and noticed the other car going on, and said to the accused, “It’s all right Go on.” They continued on to the hotel and then returned, When passing the scene of the accident later they were told that a girl had been

killed. Witness advised the accused to go back, and they did so. On the way back they arranged a “ yarn " that there was a third man on board named Toa who was supposed to be the driver. There was no truth in the story. The truck was travelling about 35 miles an hour. Neither witness nor the accused ,was drunk. Thomas Hiroti Smith, of Putiki, said he was at the house of the previous witness, where some liquor was consumed. Constable G. E. Phillips said he proceeded to the scene. While there the accused came back and was arrested. His speech was thick and he stag-' gered on the roadway. He smelt strongly of liquor. PEDESTRIAN KNOCKED DOWN CHRISTCHURCH, Oct. 19. Alexander James Blackburn, garage proprietor, of Christchurch, pleaded not guilty in the Supreme Court before Mr Justice Northcroft and a Jury to charges of negligent driving, causing the death of John Anderson, and failing to stop and give assistance to an injured person. The charges were concerned with an accident at the corner of Hereford street and Cambridge terrace about 7.30 p.m. on July s}. Anderson was struck down by a car driven by Blackburn and suffered injuries from which he later died. The case was unfinished when the adjournment was taken until to-morrow

For the Crown Mr A. vV Brown said that Anderson was walking across from the public library to the Young Men’s Christian Association corner. He was struck down and knocked into the gutter by a car driven by Blackburn Ander*son was badly injured and later died. Blackburn stopped his car after the accident and got out and disappeared. About an dour later he was seen and spoken to by a policeman at the corner of St. Asaph and Manchester streets. Blackburn had said first that he did not want to make a statement and later that he got frightened and “ ducked.” Dr W J. Ramsay, describing the injuries which caused Anderson’s death, said there was a smell of liquor in the man’s breath when he was admitted to hospital, but there was no evidence that he was under the influence of liquor. John Clifford Ingold said he saw a car coming west along Hereford street at between 25 and 30 miles an hour. He saw Anderson walking towards him. Witness heard a noise and saw that Anderson had been knocked down. He saw the car stop, but did not notice the driver.

Edward Brendan Reilly, another eye-witness, said the man appeared to be struck by the < left headlamp of the car, and he was thrown forward towards the gutter. Reilly said he went to the police station nearby and when he came back he’ saw a man, whom he supposed was the driver of the car, walking fairly briskly towards the police station. William Grant Quirk, who was with Reilly, said the car appeared to be going at a moderate speed. It did not slacken until after the accident. He saw the accused, who <jame over and had a look at the man who was knocked down.

Another • itness, Laurence Alvin Withers, clerk at the Young Men’s Christian Association, said the man walking across the road was walking with his head down and was looking at his hands If he had hurriedly slightly he would have been missed by the car.

Dr F. L. Scott said he examined the accused at the police station at 8.55 on the night of the accident The accused admitted having had three glasses of beer. Blackburn was sober then, but witness considered he had had a'fair amount of liquor during the day. He was fit to drive a car at the time the examination was made. The widow of John Anderson said her husband had had no liquor to her knowledge. Constable R. S. Smith said he was called to the scene soon after the accident. He asked for the driver of the car, and no one came forward. He took the number of the car. He went to Blackburn’s fiat, but Blackburn was not there. He subsequently accompanied Detective Thompson to see Blackburn. The accused said the accident was not his fault. Witness was under the impression that Blackburn was under the influence of liquor.

The constable read statements made by the accused. He said the accused had said to him, “ Just between you and me, I know I did the wrong thing, but I ‘ ducked ’ because I was frightened. I thought the smeli of liquor on my breath would be against me.” The case was adjourned.