DANGEROUS DRIVING CHARGE

Hawke's Bay Tribune, Volume XXIII, Issue 260, 16 October 1933, Page 7

DANGEROUS DRIVING CHARGE

SEQUEL TO NAPIER FATALITYH. E. MERCER APPEARS BEFORE COURT. A collision between a motor ear and a cyclist named Bruns at the corner of Thackeray an 1 Owen streets oil September 3 last, resulting in the death of Bruns, had its sequel in the Napier Magistrate’s Court this morning, when Harry Erebus Mercer, a hairdresser, of Napier was charged with dangeous driving. He was represented by Mr V. J. Langley and pleaded not guilty. Conducting the ease for the police, Senior-Sergeant W. Pender said that on September 3 Mercer was driving along Thackeray street when, at the intersection of Owen street, an accident occurred. The police held that lie was travelling at 30 miles an hour, whereas the speed limit was 15 miles an hour at that intersection. Senior-Sergeant Pender proceeded to call witnesses in support of his case. Matthew William Doran, a carpenter, told the Court that he was standing inside the gate of his home near the corner concerned when he saw Mercer’s ear approaching the intersection, travelling at about 30 miles an hour. After the car had struck the boy it weir on for some distance Had Mercer been travelling more slowly witness thought that he would not nave run into tho boy. Witness was cross-examined by Mr Langley regarding tho manner in which he estimated tho speed of the car, hut witness insisted that the speed was in the vicinity of 30 miles an hour. He noticed Mercer's car swerve to the right in an endeavour to avoid an accident. Charles John Stevens, a mill employee, said that he was at the intersection at the time of the accident. Although he did not see the actual collision, he saw Mercer’s car approaching the corner and travelling, he thought, at some 30 miles an hour. He considered ths speed too great for such a, corner. He did not see the hoy on the bicycle before the accident. The i ext witness was Albert Edward Bently, who was near tho scene of the accident at the time. He saw the boy riding along on his bicycle and soon after lie heard a crash and saw ths boy was lying on the road. He did not see the car until after the accident. To Mr Langley Mercer’s ear went some distance alter the impact. As witness reached the boy Mercer was getting out of his car. The hoy was dead. Constable J. Kenny said in evidence that the car had commenced to swerve to the right 36ft. from the Owen street intersection and stopped 160 ft. further on. Witness told Mr Langley that tho driver of the car had done all in his power to avoid an accident. REPORTED ACCIDENT TO POLICE. Constable Thompson related how Mercer had called at the police station after the accident and had made a statement, giving his version of the collision. In that statement he put his speed down at not more than 25 miles per hour. In opening his case Mr Langley submitted that all tho circumstances relating to the accident must be taken into consideration. Mr Langley impressed upon the Court that Mercer had done all in his power to avoid an accident and after the tragedy had in no way acted in a callous manner. Tho defendant, Mercer, then gave evidence as to his movements up to the time of the collision. On approaching the Owen and Thackeray streets intersection he sounded his horn. Ho had no reason to travel fast, because he had only two blocks to travel. On approaching Hie corner he slowed down. Ou seeing the boy on the bicycle he instantly swerved round, and accelerated iu order to avoid hitting him. He was travelling on his correct side and had the right of way. After the crash he got out of the car and ran to the boy. He then returned to the car, backed it up to the boy with a view to taking him to the hospital, but saw that the boy was dead. If the boy had either stopped or swerved the accident would not have happened. “I believe that 1 did the only possible thing iu the circumstances,” said Mercer. Cross-examined by the Senior-Ser-geant, the defendant insisted that ho was not travelling fast. Evidence relating to the position on the road of Mercer’s car just before the. accident was given by John Lamason, building overseer to the Public Works Department. He said that he took measurements with Constable Kenny. After hearing the evidence His Worship (Mr A. M. Mowlem, S.M.) entered a conviction and imposed a fine of £2, with £3 4/- costs.