JURY DISAGREE

Hokitika Guardian, 7 November 1936, Page 3

JURY DISAGREE

NOT GUILTY ON SECOND COUNT

CHARGES AGAINST MOTORIST

Per Press Association Copyright

INVERCARGILL, Nov. 6. 1

After ri retirement for four and a fi half hours, to .consider its findings,-Hid jury in the Woodlands fatality case, in, which diaries. Michael Hughes;’ lorry driver, of Gore, ,was. charged separately that Tie negligently.,drove a .ippior truck, thereby causing - .the death of William George Seddon - Parker, of' Mataura, anil that lib failed to render all! practicable assistance,,to. - f a person' in a motor disagreed on the first count, and returned a verdict of ,not guilty on the second. The hearing of the charges was concluded in the Supreme Court to-day. A*retrial has been ordered to begin ,pn Monday morning, when a fresh jury will be empannelled to hear evidence on .the first count only. Referring to the second charge m iii? summing up Mr. Justice Kennedy, said: “The charge is of failing to r.ender all practicable assistance ti. Parker when injured. The section contemplates practicable assistance to a person injured. Assistance, generally, would be the procuring of medical aid, taking the person to a place of safety, taking him to his home, or notifying hit.)parents;, but, vvTion already dead, There,is,poofurtlyirtas&yi*tance (i aiiy • liqm%n bying,-. ca;i rendef. him. H j/: T: i'o:-.. Ifini 'A-? Jht T‘ln this case, ;< is one | jway. One .witness . ,hsis t« you, iuat.:he saw, the body, with. the. brain 'substances some distance away. Thelma Cook said that when, she went' back, the deceased was dead. .Doctor, Burley Said the injuries put the question of instantaneous death beyond' doubt. From that evidence, you win doubtless, conclude/That Parker ..was killed instantly,.and that when The)-; ma Cook went back ,he was dead; U you' vaae that view, and it is the. only proper one on The evidence, you will return a , verdict of not guilty. The offence charged it not constituted ny leaving a dead body. I direct you, then, That, finding as you will that de'-itli was instantaneous the proper verdict on the second count is not guilty. 1. direct-you in those terms.”