SUPREME COURT

Manawatu Standard, Volume LIV, Issue 281, 26 October 1934, Page 12

SUPREME COURT

EVIDENCE FOR THE CROWN. The hearing was continued in t ipreme Court at Palmerston Non sterday afternoon, before His He r Mr Justice Blair, of the case

The hearing was continued in the Supreme Court at Palmerston North, yesterday afternoon, before His Honour Mr Justice Blair, of the case in which Edward Saville Lyall Esdaile was charged with, on July 12, negligently driving a car and thereby causing the death of Miss Katherine Hardman. The proceedings were the outcome of a fatal collision which occurred at the intersection of Rangitikei and Featherston Streets. Mr H. R. Cooper (Crown solicitor) conducted the case for tho prosecution, and Mr A. M. Ongley appeared for accused, who pleaded not guilty. Further cross-examined, the witness, Francis Hardman, denied that accused had informed him that his speed just prior to the accident was 23 to 25 miles an hour, and not 33 to 35 miles an hour.

Medical evidence by Dr E. C. Barnett concerning the injuries suffered by Miss Katherine Hardman was submitted in depositions. Hector Albert Stewart ; a motordriver, stated that immediately before the collision occurred he was sitting in a truck in Featherston Street on the -west side of Rangitikei Street, about 60 yards from the intersection. He first saw Hardman’s car coming from the opposite direction in Featherston Street, and about 100 yards from the corner. It was travelling very slowly and when it had about reached the middle of the intersection, _ Esdaile’s car appeared from the direction of tho Square. There was no alteration in the latter’s speed, which witness considered was about 40 miles an hour. This car struck Hardman’s on the left-hand side just in front of the windscreen, with either the bumper or right-hand front mudguard. Hardman’s car was spun round, lifted slightly in the air, and then fell over on its left side. Esdaile’s car swerved out to the left slightly, partly righted itself and pulled up by the front door of the hotel on the corner after striking a cycle ridden by a boy. Sidney Wallace Hardie, who was in company with the preceding witness when the collision occurred, gave similar evidence.

Cross-examined, witness said the vehicles were at right angles to each other at the time of the collision.

Alfred Thomas Henry Ingram, aged 16, stated that* when the collision occurred he was sitting in a car outside a butcher’s shop in Rangitikei Street. He heard the noise of the impact and saw both cars in the air. When accused’s car had passed witness it was travelling very fast, and gave no appearance of engine trouble. He did not hear any horn sounded. Cross-examined, witness said he did not notice Hardman’s car on the intersection when Esdaile’s car passed him. He did not watch the latter just before it reached the intersection.

William Murray Telford, a schoolboy, gave evidence that he saw the collision. The front of Hardman’s car hit that driven by Esdaile. Neither had changed its course before the collision. Alphonsus Quiggs, a schoolboy, aged 15, testified that he was cycling along Featherston Street towards the High School with the former witness on the bar when the accident occurred. He saw Esdaile’s cai\ coming very fast and never saw any slackening in its speed. It was about opposite the fruiterer’s shop when Hardman’s car, which was travelling at a moderate pace, was close to the corner. He did not think it altered its speed. Keith Watson Sloman, aged 13, stated in evidence that he was cycling along Featherston Street towards the High School when he saw Esdaile's car coming past the fruiterer’s shop. It was coming at a fair speed, faster than the ordinary car. It did not slow up. Witness did not see Hardman’s car. He remembered a crash and when he recovered he was in somebody’s hands. He had been knocked off his cycle. Constable Miller stated that he interviewed accused on July 16 and the latter gave him a voluntary statement to the effect that he was driving down ltangitikei Street out of tlie city at 8.40 a.m. on July 12. When he was about opposite a skin and hides store the engine of his car faltered and it almost stalled. He put the gear lever into second position to regain lost speed, and was regulating the choke button when he glanced down and noticed the speedometer was registering 23 to 25 miles an hour. He was then 40 or 50 yards from the intersection, over which he continued at that speed, and in top gear. He looked to the right under the verandah posts, then to the left, and next straight ahead. He did not see any other traffic but a cycle with two boys on it. When he had almost reached the centre of the intersection, to his horror he saw coming straight at him, and almost on top of him from the right, two wheels and a black bonnet. He knew instinctively then that he could not avoid a collision, but pressed hard down on the accelerator in order that his car would take the blow behind where he was sitting. He wrenched the wheel hard to the left and the other car crashed into Ins car on the right-hand side. He was. rendered unconscious and remembered no more. Hardman later came to see him at the hospital, and in reply to a direct question said he did not consider lie (Esdaile) was to blame for the accident. This concluded the evidence for the Crown. Counsel opened the case for the defence, and proceedings were then adjourned until 10 a.m. to-day.

D.A.C. RUCTIONS IJO-MORROW. 10 a. m.—FRUIT AND PRODUCE Sturmers, Delicious, Granny Smith, Pears, 100 sacks New Potatoes, Asparagus, Green Peas, Cabbage, Cauliflower, Rhubarb, Lettuce, Beetroot, Celery, Seed and Table Potatoes. 11 a.m.—FRESH FISH. (Subject to arrival). Whitebait. 12 noon.—PlG SALE. Special entries include 80 Weaners, 40 good Stores, 16 Porkers, 25 Slips, FURTHER ENTRIES INVITED. Enlarged accommodation available. 1 p.m.—POULTRY SALE. Hens, Cockerels, Pullets, Chickens, Geese, Turkeys, Ducks, etc., etc. Special entries include:—6o hens, 38 cockerels, 150 chickens, 12 roosters, 16 ducks, 4 settings eggs. FURTHER ENTRIES INVITED. ALL DAY New and Secondhand Furniture. AGENTS.—Colonial Electric Radios. C. N. RABONE, Auctioneer