MOTORIST SENT UP FOR TRIAL

Manawatu Times, Volume 61, Issue 292, 10 December 1936, Page 5

MOTORIST SENT UP FOR TRIAL

Charge Follows Collision In Fitzherbert Avenue

STRUCK MOTOR-CYCLE WHILE PASSING TOWN CLERK

Shortly after dark on September 19, a motorist who chanced to bo following the Town Clerk (Mr J. R. Hardie), up Fitzherbert avenue towards the city, elected to pass. lie pulled to the right to do this, but in doing so collided with a motor-cycle on which two students were returning to Massey College. Both youths were extensively injured; one is still in hospital. The other, who left the institution after six weeks there, was an important -witness in the Magistrate’s Court yesterday when the motorist,. Alfred Henry Martin, sawmiller, of Umutoi, appeared to answer a charge that on the day mentioned he negligently drove a motor-car so as to cause bodily injury to John Anthony Boltou and Leonard Patou McDonald.

On the bench were Messrs W. Lowe Black and J. A. Cruiekshank, J.P.’s, and after hearing evidence, they committed accuseed, who pleaded not guilty and reserved his defence, for trial at the next session of tho Supremo Court in Palmerston North. Bail was fixed at a personal bond of £IOO and one surety for a like amount. Detective Sergeant Bickerdiko prosecuted, and Mr L. G. 11. Sinclair appeared for accused. 0. J. Dolan, surveyor, produced a plan taken after the accident, of a section of Fitzherbert avenue near College street. Fractured Limbs. Mr Cyril King, . F.R.C.S., gave evidence that on. September 19, about S p.m. he attended Messrs Bolton and McDonald at the scene of the accident. McDonald had sustained a compound fracture of the right upper-leg and knee-cap, a severe fracture in the right arm, and a fracture of the right collarbone. Boltou suffered a deep laceration on the front of the left thigh, a compound fracture of the right kneecap, wih lacerations, a chin wound, and two damaged upper teeth. Both suffered from shock, and later on the same night of their admission to hospital, underwent an operation.

John Anthony Bolton, Massey College student, told the Court that on September 19 he left the college in the evening for Palmerston North, riding a 2| h.p. motor-cycle with McDonald on the pillion seat. They left town on their way back to the college at about 7.40 p.m. It was then dark, but the machine had head-light and taillight. Witness kept well to the correct side, travelling at 25 m.p.h. The cyclo was capable of 00 m.p.h. After passing the College street intersection, witness

noticed a car approaching from the direction of the bridge; at what distance ho sighted it he could not say. Next he observed that the first car was followed by a second. Both cars were on the correct side, but as witness met tho first car, tho second swung out to tho right in an attempt to pass. There 1 was no more than tho length of two cars between tho vehicles approaching.

“I became aware of the second car coming at an angle towards-me,” said Bolton. "I realised something ' was wrong when the noise of the car tyres mado me look up. Tho car was skidding. I recollect littlo more except that the car was on top of me. Its righthand front mudguard- struck the petrol tank of my machine.” On waking, said witness, he. found the cycle in an excavated trench beside the bitumen. McDonald he did not see, nor did ho recollect any conversation with the car driver. Ho thought the car was doing 40 m.p.h. before the accident, basing this estimate on the rate at which Martin’s car overtook tho one in front of it.

Answering Mr Black, Bolton said he had expected the second car to slow down behind the first instead of pulling across the street. He had not heard a horn sounded; ho considered ho had himself no chance of avoiding an accident. While he had driven a motorcycle for only a lew months, he had driven a car for two years, in Australia and New Zealand.

Town Clerk’s Evidence. Town Clerk of Palmerston North, Mr J. R. Ilardie, was next in tho witness box. Leaving his home in Fitzherbert avenue about 7.45 on the night in question, said Mr Ilardie, lie was driving his family to town. He had travelled only a short distanco when lie heard a ear behind him, only a few yards away, applying its brakes. Almost immediately then it crashed into the motor-cyclist, which witness had first seen when it was abreast of his own car. The machine was ravelling at a moderate pace, not more than 30 m.p.h.. The collision was almost simultaneous with the 'skidding of the other car, and took 'place beside Mr Ilardie’s own car, about six feet away. “I did not see the other car until it was almost on top of the cyclists, but judging from its performance after the brakes -were applied, I should say it was travelling at a most excessive speed,” declared witness. Ho defined excessive as anything abovo 40 or 45 m.p.h. There appeared to be no reason why tho cycle was not seen. The excavation then in progress in the avenue was well lit. Neither car nor cycle was moved prior to the arrival of the police.

As her father backed out and turned towards the Square, said Berenice Joyce Hardie, there was another car to be seen, then opposite tho Sportsground, and on its incorrect side. Sho formed no estimate of tho speed of the car except that it was approaching rapidly. “Later, as I noticed the motor-cycle, I turned to see where the other car was,” continued witness. “It was right beside us, clear of our car and travelling very fast. I saw the two vehicles crash at our right hand. The

cycle went up in the air and the boys were knocked to the ground, while the machine finished up across the ditch. The car was pointed towards the ditch, at no great distance from the motorcycle. ’ ’ Constable A. J. Goodwin described his investigations at the scene of the accident, and measurements which ho immediately took. The point of impact he was abio to establish by broken glass and skid marks on the bitumen. A skid mark, five yards long, running to this point, Martin admitted had been made by his car. The whole of defendant’s car, the measurements proved had been on the wrong side of the road. After the accident, it travelled for 15 yards, crossed the excavation, and finished up against a tree. The motorcycle was four yards from the point of impact, badly damaged. “It Was My Fault.” Martin accompanied witness to the police station, and on the way there remarked: “Well, constable, it was my fault.” Mr Bickerdike: what was his condition?—He smelt strongly of liquor. Mr Sinclair objected to this question, but the reference was left in the typed 'evidence. Constable A. S. Ward produced a statement made by Martin after the accident. When abreast of the car ho was trying to pass, he saw the cycle, but could not avoid it. He applied his brakes shortly before the accident. His car was a 1930 sedan and was damaged, thought accused, to the extent of £SO. Martin admitted having had six drinks that day, the last of them about 6 p.m., after which he had tea. Accused smelt of liquor. This concluded the evidenco.