DEATH OF PEDESTRIAN

Hawera Star, Volume L, 5 August 1930, Page 5

DEATH OF PEDESTRIAN

'CAT DRIVER.’IS .SECOND' TRIAL

VERDICT 'OIF NOT GTJTLTY

(Bv Teiegrapli —Press Association.; AUCKLAND, Aug. 4

The re-trial of a motorist neeessitated bv the disagreement of a jury last 'week took place in the- Supreme Court before Air Justice ISmith to-day. A charge of negligent driving so as to cause death was laid against Andrew Smith, aged 38, and it arose from a fatal accident in Ponsonby Road on May 17. At about 6.30 that evening William John .Hurnby, aged 67, of Pousonlby, While standing in the road was struck by accused’s motor 'ear and killed instantaneously. Evidence similar to that at the previous hearing was given by eye-wit-nesses and others who had. heard- the sound of the crush after [Hurnby alighted from, a tram. They stated that the only traffic about at the time comprised two tramcars, Hurnby and Smith’s motor car. 'Smith drove on after the accident. Smith, in giving evidence, said Humby seemed to step right in front of him, and although he did swerve he could not avoid the man. He estimated his speed at the time at about 20 miles an hour. 'He did not hear anyone 'call out to -him from, the tram after the accident.

Several witnesses bore testimony to Smith’s sobrietyMr Hubble said the two questions for the jury wer.e: Was the driver’s speed a correct one in the ciredmstan’eesi? Did he. keep ,a proper look-out? Counsel submitted that accused should have seen this man standing in. the road. His Honour said' the question for the jury was whether iSmith acted as an ordinary reasonable driver would have acted. 'The onus (was on the iCrown to establish bevond all reasonable doubt that 'Smith ‘did fail to take due 'care. He advised the jury to disregard entirely what occurred 1 after the collision. He pointed out that Humby was wearing a light coat which might easily -have been difficult to distinguish against the (background of the 'tram. After a retirement of half-an-'hour the jury returned a: verdict of not guilty and accused was discharged.