UNUSUAL CASE.

Gisborne Times, Volume LXVIII, Issue 10755, 28 November 1928, Page 7

UNUSUAL CASE.

GRAND JURY DISAGREE. MOTOR!ST DTSCHARGED. (Press Association-) HAMILTON, Nov. 27. An unusual position arose at the Supreme Court to-day arising out- of ilio disagreement of the grand iurv. Andrew ’Ernest, Randrup, a Matamnta farmer, whose motor-car coMide,| with a train with fataj tc two passengers. Airs. Toi Rawhir. and her infant daughter, came lefoip the court- on a charge of negligent driving, causing death. Twenty-one jurymen were empanelled, but as less rhan twelve voted for a true bill. Air, Justice Blair found ‘‘No Bill.’’ Describing the case in lii.s charge to the grand jury. His Honor said Randrup had driven two Maori women and the baby to Matamata.to see a doctor, and was returning home with them. There was a belt of trees near the crossing obscuring the view tc some extent. The train was a special express and went through the station a-t Matamatn at- 40 miles an hour. At this rate the train would take ten seconds to reach the crossing from the p-oint at which it was nlsoured by trees. By the statute there was an obligation on motorists to approach the crossing at not more than ten miles an hour, and stop before actually crossing. Certainly the rule about stopping- was usually broken, but it was specifically laid down that this must be done. As the grand jury had only to decide whether a piima facie case had been made out they would probably have no diflicultv.

The grand jury retired at 10.30 and returned at 3.30 unable to agree. Tlie judge discharged Randrup.