Not Guilty

Manawatu Times, Volume LIV, Issue 6626, 12 August 1931, Page 7

Not Guilty

CAR DRIVER ACQUITTED ON SECOND TRIAL.

LIQUOR AND NEGLIGENCE,

Per Press Association. AUCKLAND, Last Night. A verdict of not guilty was returned by the jury in the Supreme Court at the conclusion of the second trial of Cyrus Lamson Smith, aged 57, manager, who was charged with having negligently driven a motor car so as to cause the death of Harry Levitt Parker ou June 8. The case arose out of a fatal accident which occurred about midnight on Juno 8 in the New North road at the corner of Porter’s avenue. Deceased was a passenger in the front seat of tho car driven by accused. In summing up Mr. Justice Herdmau said it was the contention of the Crown that accused had been under the influence of liquor and that it was impossible for him to have exercised proper control of the motor car. It was absurd to say that because a man had one drink or more than one drink that his judgment had become clouded, or because his breath smelt of alcohol to say that he was incapable of controlling a motor car. But if it ha|.' been proved that the man had so indulged that he had reached a point when he was incapable of controlling a car, then ho was guilty of neglect.