PORIRUA ACCIDENT

Manawatu Standard, Volume LVI, Issue 308, 26 November 1936, Page 2

PORIRUA ACCIDENT

MOTORIST CHARGED. INJURY TO ATTENDANT. Per Press Association. WELLINGTON, Nov.. 25. A charge of recklessly driving a motor-car at Porirna, on November 6, and thereby causing bodily injury to James Leacock, a hospital attendant, was preferred against Edward Miller, a wrestling manager, aged 50, in the Magistrate’s Court before Mr J. H. liuxford. Leacock said he went off duty at 5 p.m. and proceeded homeward on his bicycle. He remembered reaching the level crossing and waiting for a train to pass. After it passed he mounted his machine, but remembered nothing more till lie woke up in hospital. Witness identified his uniform and machine. Ho said that beloro that evening there were no spokes broken in the wheels and no rents in his clothes. Evidence was given as to the wounds on Leacock yrben lie was admitted to hospital. Another attendant at the Porirua Mental Hospital said he met Leacock at the railway crossing and they set out in a northerly direction. The car coming behind struck Leacock and threw him on to witness, and dragged Leacock ten or twelve yards and then threw him off. Witness was knocked off and fell to his hands and knees on the grass. The car accelerated and did not stop. Witness was definite that it did not stop. He got its number. He did not hear it approaching, nor did lie hear any warning device sounded. John Joseph McGinn, another Porirua attendant, who was also proceeding home on a bicycle at the time ol the accident, said a car came very close to him before lie reached the railway crossing and nearly ran him off the road. It cleared him by about a foot, forcing him on to the grass. It seemed to swing in front of him and was driven in a very erratic manner. He came on Leacock and Harris around a bend- Leacock was lying injured. The car was a large blue modern sedan, and the only car that passed him. NURSE’S EVIDENCE. Mavis Currie, a nurse, said she was engaged as a nurse to accused about November 4, when he was at the Empire Hotel. They left about 4 p.m. on November 6 for Auckland. Accused was driving and she was sitting in the front seat. Witness was questioned as to whether anything happened after they passed Porirua, but she repeatedly replied “Nothing.” The first stop was at Paekakariki, where they left the car in a garage and booked in at an hotel because of the latenass of tlie hour. They reached Levin in time for breakfast next day. There, she said, she was questioned and cross-questioned by detectives for hours, and she did not know what she said to the reiterations of these. Detective-Sergeant Revell: Just after passing Porirua, did anything happen?—Nothing. Did you see any bicycles?—Quite a number. Where did you pass the last cycle?— I haven’t the faintest idea. When you were passing one, did anything unusual occur? —Nothing. She could not say how close the ear went to the cycles, or whether or not the car had come into contact with anv other vehicle.

Detective-Sergeant Revell : After passing • Porirua, did you have anj' conversation with accused regarding a cyclist?—No. Where did you make the first stop ? —Paekakariki. On November 7, witness continued, she was approached by detectives at Levin, which they reached in time for breakfast. They left the Paekakariki Hotel before 7 a.m. She was in the garage when a constable approached her. For hours after that she was questioned and cross-questioned, and she did not remember what she said. She was questioned from about 9 a.m. to 6 p.m. about all sorts of things, chief among which was the alleged hitting of a cyclist. Witness: . . . . and I was questioned and questioned and questioned. Detective-Sergeant Revell: Do you remember making statements to anyone?—l remember making a statement to a constable! Did that tally with your present evidence ? —I think so. Do you know Detective McLennan? —I made a statement for hours to Detectives McLennan and Ritchie. I was so harassed I don’t know what I said. I was questioned for hours and hours. Detective-Sergeant Revell: We ve heard a lot about that this morning, Mrs Currie. You might be questioned for hours and hours to-day yet. Did you make a statement to Detective McLennan? —I remember that a number of foolscap pages were taken, and after they were written, I signed three. „ Detective-Sergeant Revell: lhe statement given by witness at Levin is not consistent with her evidence today. I wish to apply for leave for her to bo treated as a hostile witness, or for permission to read over her statement in order to refresh her memory. Witness (in reply to a question by the Magistrate): I gave another statement to the detectives after the one I gave to the constable at Levin. STATEMENT TO DETECTIVES.

Detective-Sergeant Revell then read a statement given to Detectives Ritchie and McLennan at Levin on the morning after the accident. In this, witness said that, as far as she knew, accused had had no drink before leaving Wellington. After passing through Porirua, they passed two cyclists. She thought they went very close, and felt a bump as though the car had brushed one of the cyclists. The hump was at the rear of the car on the left side. She said to Miller: “I think we caught that cyclist and he replied: “Do you think so ? _ She remarked about it again several times but he said lie did not think lie had done so, but would pay for the damage if he did. He was nervous about the accident, and at Paekakariki stopped inside and drank port wine. They agreed between them that if approached by the police they would deny hitting the cyclist. Their speed was 30 m.p.h. at tho time of the accident. Witness: I don’t remember what I said on that occasion, but I do remember that the detectives spoke to me about my staying at the Paekakariki Hotel with Miller, and said that it would not come out if I signed this statement. . The Magistrate: You signed on that Witness: Yes, and on the statement that I would he. helping Mr Miller. They told me that Miller would probably get a term if the matter was taken to Court, and that they were out to help him. .. v Detective-Sergeant Revell: lou say they guaranteed to protect vour moral character if you made this statement? *—Ygs. • Is it not a fact that at Paekakariki two rooms were booked? —Yes. Is it not true that on arrival you donned your nurse’s uniform and went alvut vour duties in your usual way? —Yes.' , . , Can you then explain how your

moral character could be attacked ? By saying that the other single room had not been slept in. Detective-Sergeant Revel!: iVe are not going to attack your or anyone else’s moral character. We are not interested in that. You. say you thought you were helping accused? Your statement is not very helpful , is it?

Witness: Apparently not, but I thought it would. I was questioned and cross-questioned until 7 o’clock at night. Then I was driven back to Wellington in the police car. I. was in such a state of nervous exhaustion that I tried to jump out of the police car. Detective' Ritchie stopped mo. I was not being questioned the whole of the time, but at intervals. Detective-Sergeant Revell : Where were you when you made this statement? Witness: In a little room at the back of the police station. There was one detective from Wellington walking up and down, up and down ... It absolutely terrified me. My nerves were in a terrible state. Detective-Sergeant Revell: Are you terrified to-dav ?

Witness:: Not exactly. I am very nervous. I have been worrying all the week, and several times I have tried to do away with myself. Mv husband has been very careful with me. But lie’s not going to stop me when I get away from her, and it’ll be Detective Ritchie’s fault.

Detective-Sergeant Revell (to the Magistrate): I don’t propose to go any further, Your Worship. If I had my way I’d withdraw all of this evidence. I don’t ask Your Worship to accept any of it; on behalf of the prosecution, anyhow. Before the evidence could be read over, witness staggered back out of the box and collapsed on the floor. She was carried from the courtroom. PLEA OP GUILTY.

After other evidence had been given Mr Willis, for Miller, interposed, saying that it was the intention of his client to plead guilty. The police case was then closed. When the matter of reading over Mrs Currie’s evidence was raised, Detective-Sergeant Revell applied to have the evidence withdrawn, but Mr Willis asked that it should be left in. The Court orderly announced that Mrs Currie was still in an hysterical condition. The case was adjourned until later in the afternoon. Mrs Currie’s condition was no better ■at 2.15 p.m to-day, when the Court resumed, so her evidence was sent forward unsigned to the Supreme Court. The Magistrate intimated that he would add a certificate to the evidence, explaining the situation. Accused was committed to the Supreme Court for sentence, and bail was fixed at £IOO with one surety 'of that amount, or two of £SO each.