NEGLIGENT DRIVING CHARGE

Hawera Star, Volume L, 31 July 1930, Page 4

NEGLIGENT DRIVING CHARGE

WHANG ABET IOROSSTNG ,S)MAISH

DRIVER, ON TRIAL

(Bv Telegraph—Press Association.)

AUCKLAND, July 30. /NdeiL Heirbelnt Wilkinson, bus driver, is, on -trial in t'he Supreme .Cou'rft ion a charge oif negligent driving .on the ■ddca'sion of the tragic crossing smash near Whangaired, when six young livds were lost.

Evidence Was given, that (the .driver should have had a jeon/tinuou's view of ■the train fo'r 25 chains, that tlhe; locomotive headlight was burning, although there 1 were uniigbted 'truieks fmmediatoly behind it, and that Wilkinson wals perfectly sefber.

■Evidence that -tiho bus- ffeift- ithe Northern Bus .Company’s worksholp in first - el|a.s‘s c audition on April 4 wals .given by Bru'c’e Trevor- Lichfield, motor mechanic. I’t should h'arve been, possible to pull up the buis travelling -aft 25 miles an hour in 25 feet, he said. He knew Wilkinson .to be a careful ajnd competent driver of considerable expedience.

Frederick Razebaldk, a paissenger on the .train, said the light >on the engine was not a good o;nte. It (wtas a. dirty might. '

Giving evidence, Wilkims on s/a.id he had been, driving motor vehileleis for four years and had never 'had an accident. It was a .dark, drizzling nSghf. He isipoke to no one after he started the .trip and never exce/eded 15 miles an hour. He was on the look-out for McLeod’s house but passed it without knowing. He was dazzled by the lights of .a ear from behind.

Answering Mr Meredith, Wilkinson said he went over the road more than 30 times ,a week. He first tost, his beatings when a ear leainio up behind •and dazzled him—perhaps ihailf-a-mile •from the crossing. His Honour warned the jury not to •take into account the iserions cionso•qmen|ces of the aefeident, which were ir,reinvent to fihe case. The man who drove a moifcoir vehicle under,to-ok a .serious responisihiMty to others and <was hound to keep a proper look-out and exercise proper care. 'lf he failed, to do so he .Could ibe punished. Tire fatets of this case were exceedingly simple. When a driver approached (lie railway 'crossing hfc wa's his dufy to keep a ilook-out, and if he 'failed (to do ,so it was a; 'criminal offence. The defence was that Wilkinison had, lost hi's way, but the Crown ease was It halt- he should not have lost his way* After a retirement of 4$ hours the jury returned tlo say that it could molt agree.. 'The prisoner was released on •bail of £IOO :rird: a new .trial was fixed 'to lake pl'aeo next. (Monday.