SEQUEL TO ACCIDENT.

Hawera Star, Volume XLVII, 14 August 1928, Page 6

SEQUEL TO ACCIDENT.

THE NCAERE CASE, CHARGES AGAINST CAR OWNER. Charged with employing an nnlicenseu person to drive a car, and with aiding jiviul abetting ju the commission of’the offence of dangerous driving, William Charles. Hun wick, a labourer residing at Waipu-ku, appeared before'Mr It. AY. Tate, S.M., at the Fov.ice Sourt at Stratford yesterday. The person who drove the car was Mavis Ashton, of Bitham, against whom several separate charges wei|9 preferred. After a. lengthy hearing the Magistrate dismissed the first charge, but reserved his decision on the second. . , Evidence was given by Frank O' Neill, of Pu.kenga.hu, who. weealled hearing the crash as lie. was on his way home, and finding the car overturned and Miss Ashton pinned underneath. He communicated with the ■doctors and police. He did not suggest any improper speed in the driving. G. S. Vickers, one of the passengers, gave evidence as to picking up Misses •Smith and Ashton at Eltbam and going to Toko, but lie denied that they called at any hotel en route. Miss Ashton waisi aii'owed to. drive on the way hack and all went well until lie felt the car going off the road just before, tine smash. He considered Miss Ashton a competent driver and she drove from Toko to Stratford and thence to the scene of the accident. JTc had no. feeling of danger up to the time of the crash. He'described the iscene of the accident, and said lie did not 'know just when Hun wick grasped the wheel, hut Miss Ashton seemed, to lose control then. He .said to. the Magistrate that there was a. bottle of beer in the car, but he did not know where it came from. Tlpy drank some at Stratford and some at Toko. Miss C. Smith said they stopped at Toko, and she had half a gla.ss of beer but ehe did not know if Mis s Ashton had any. The trip took place on t.ie spur of the moment, Mr Bennett, for the defence, said there was no charge to answer with regard to. employing an unlicensed person to drive, a cai This was not a. case of employer and servant. A\ itli regal'd to aiding and abetting in the oommi.slsion of the offence of driving negligently, lie contended that Miss Ashton did not, drive negligently. This was in spite of the fact that in a. previous case that day Miss, Ateihton bad pleaded, guilty to that charge. The police oa.se showed loss of control only on an instant, and that was not an offence. If. however. Miss Ashton did drive negligently, there wa,s nothing against, Hamrick. There was no evidence that Humviok could .luavo prevented the mishap. Ho had tried, but •in the short space of time lie Wins not able to do so.

William Charles Hnnwiolc said that Miss Ashton had driven with him on about six other occasions to improve her driving. He had cnedavouTcd to stop tlio oar go in si oil’ the 'road, hut it would not respond, as it had reached the “rough” on. the side of the road. Kj could have done nothing else to stop the accident. With regard to the beer all had had a sip, but what Miss

Ashton had had was not enough to affect her. To the magistrate Hunwick isaiid that the car was owned by his mother and himself in partnership. They coui’id not afford to have the damage repaired. After further evidence, the magistrate reserved his decision, as. stated. CHARGES AGAINST MAVIS ASHTON. '‘lt seems to me that .she lias received a punishment more severe than ever T could inflict; she will be convicted ami discharged,” said Mr Tate after hearing the charges of dangerous driving, of failing to. keep the car on the left hand side of the road, and of driving without a license against Mavis Ashton, aged 16, of Eltham. Defendant, who was not present and was represented by Mr A. Coleman, pleaded guilty to all charges. Sen i or-Sergiant McOrorie said that Miss Ashton had no licenise at the time. There had been a certain amount of liquor about, but he did not know how much. Defendant could not manage the gears. Counsel said defendant was under 17 years of age. He would certainly have to plead gniltv to all charges, but on account of the injuries Miss Ashton had received he would ask for extreme leniency. She had not been personally under the influence of liquor. Sire bad been seriously injured'.