AGAIN A DISAGREEMENT

Hawera Star, Volume L, 6 August 1930, Page 6

AGAIN A DISAGREEMENT

CHARGE AGAINST BPS DRIVER. ECHO OF HIKUBANGI TRAGEDY. (By Telegraph—Press Association.) . AUCKLAND, Aug. 5. For the second time a jury failed to agree in the Supreme Court to-day on a charge of negligent driving against the driver of the bus that was concerned in the Hikurangi crossing tragedy on April 5. The bus was struck by a train ami of the ten passengei.s six were killed and four were severely injured. The driver of the Inis, Noel Herbert Wilkinson, aged IS (Mr Singer)* was tried without result last week, and the second trial began on Monday. Mr Justice Herdman heard the case and Mr Meredith conducted the prosecution. Continuing tinder cross-examination by Mr Heredith to-day, Wilkinson said he did not see the sign-post warning ol the crossing because it was on the right side and be was looking on the left. He never had a glimpse of the train at any time and did not know it was there until it hit the bus. Mr Singer submitted that the only possible explanation of the accident was that given by "Wilkinson —that ho was dazzled by the lights of a following car and lost his hearings. His Honour directed the jury to consider the case apart from the tragic consequences of the accident. The question to answer was: Did M ilkinson keep a proper look-out? After an absence for the full period the jury returned to report that there was no prospect of an agreement. Mr Meredith's application for a new trial at the next, criminal sessions in three months’ time was granted and Wilkinson was released on his previous hail.