FOR TRIAL BY JURY

Hawera Star, Volume XLVII, 10 March 1928, Page 9

FOR TRIAL BY JURY

CHARGE AGAINST MOTORIST.

ALLEGED CAUSE OF DEATH. CONCLUDING EVIDENCE Following the evidence reported in yesterday’s ‘(‘Star” depositions were given by three further witnesses, making eleven in all, on the charge preferred against George Cravy Smith, that, while in a state of intoxication, he was in charge of a motor car on the Main (South Road, near Mokoia, on February 24, and .caused the death of Millieent Elizabeth Richter. On the conclusion of the evidence for the prosedition the magistrate, Mr J. S. Barton, S.M., committed accused for trial at the Supreme Hourt. “Smith told me that he had had enough drink to know he had had a few, but that this made no difference to his driving,” said Dr. R. G. B. Sinclair, who had examined (Smith at the Hawera police station at about nine o’clock on the Friday evening. Smith had informed witness that when near Mokoia the car had hit a woman. Smith had further said: “It was not my fault. I couldn’t, miss her.” Witness asked Smith to walk up and down the corridor of the police station and formed the opinion that, while he was not drunk in the usually accepted sense of the term, he had bad sufficient liquor to impair his judgment and control. Smith seemed to be dumfounded, but this might not have been entirely clue to licpior. It may have been partly the result of his finding Himself in such a serious position. POLICE DEPOSITIONS. Evidence of having visited the scene in company with Dr. Sinclair, who arrived there shortly after Dr. Young and of having interviewed Smith at his home at Hawera at, 8.20 p.m., was given by Constable IP. J. Mullan. When Smith came on to the verandah of the house he was very unsteady and had to grasp tiie post for support. From this and the odour of alcohol witness formed the impression, that (Smith was drunk. Sergeant Henry had accompanied witness to the house and in response to questions put by the sergeant, iSmith had denied having experienced or stopped at an accident on the Main South Road that evening. On the way round to the station, they examined Smith’s car, number 53404, which was in a right of way, and though the mudguard was obvious. iv bent, Smith would not admit it was so. Asked why the glass of the lamp wa s broken, Smith had said the glass might have fallen out. At the police station witness heard Smith say to Dr. 'Sinclair: “The woman was right in the middle of the. road.” When he visited the scene that evening witness found pieces of glass apparently from a broken car lamp. He found' further pieces e'arly next morning when he revisited the spot in companv with the sergeant and near the edge of the grass, 57 feet on the Molriia side of the spot where the woman was found, he picked up a gold bridge and one glass of a pair of spectacles. About half way between the scene of the accident arid Hawera witness found a number of pieces of glass similar to that in the lamp of (Smith’s car. 'SUBSTANTIAL BAIL. “When I saw Smith at his house I was quite decided that he was drunk,” said Sergeant Henry during a lengthy statement from the witness box, in which he corrobated and added to the evidence given by the 'constable. The sergeant had known Smith for a number of years and 'his condition on that occasion was totally different from his usual state.

The sergeant was the concluding witness for the prosecution. Accused pleaded not guilty and was committed for trial at the next session of the Supreme Court at New Plymouth.

When hail was applied for, Sergeant Henry asked that in view of the seriousness of 'the charge the amount be made substantial. “That is necessary,” said the magistrate in fixing bail at £3OO in personal recognisance, and one approved surety for a similar amount or two for £lso'. On the charge previously made of being intoxicated while in charge of a motor car, accused was remanded to appear after 'the decision of the Supreme Court on the charge of causing death, bail being allowed in personal recognisance of £IOO. The other two charges previously made of negligent driving and thereby causing bodily injury and 1 negligent driving thereby causing death were withdrawn.