FAILURE TO STOP

Nelson Evening Mail, Volume LXXI, 19 November 1937, Page 5

FAILURE TO STOP

AFTER INJURING A CYCLIST ACCIDENT ON STOKE-RICIIMOND ROAD MOTORIST COMMITTED FOR. SENTENCE As a result of a cyclist being knocked down near Stoke and being left lying on the road, John Charles Shannon was this morning committed to the Supreme Court for sentence on a charge of that, being the driver of a car when an accident arising directly from the use of such vehicle occurred to one Garth H. Owen, he, the driver, did fail to stop and ascertain whether he had injured any person. The evidence was heard in the Magistrate's Court before Mr T. E. Maunsell S.M. Detective J. McLeod conducted the police case. Dr. Edgar H. Clarke, assistant medical officer at the Public Hospital said that Garth Owen was admitted to the Public Hospital. He was found to be bleeding profusely from scalp wounds and had bruises in the lower part of his back. The injuries were consistent with his having been knocked off his bicycle by a car. THE CYCLIST S EVIDENCE Garth Hugh Owen, residing at Stoke, said that on the evening on 12th November, he was riding his cycle from Stoke in the direction of Richmond. Near the turn-off to the Mental Hospital he heard a car approaching from behind and noticed its lights. He was travelling on his correct side. No horn was sounded and the next he knew he was struck from behind by a car and thrown into the ditch. The car continued on its way. He got out of the ditch and later was picked up by Mr Fra ter and taken to the Public Hospital. His cycle had an electric light and a red reflector and white mudguard. PASSENGER IN THE CAR

Evidence was given by Graham George Robinson, a farmhand residing at Brightwater, who said he knew the accused. He met the accused on the 12th November on the road at Brightwater and was taken for a ride. They went into Richmond and back to Wakefield, and then came into town. On reaching Stoke they went into the hotel and had several drinks. The hotel was left about 10 p.m. and they commenced to return to Brightwater. Soon after leaving the hotel he saw a cyclist in front and told the accused, who did not seem to take any notice and continued on the same course. The cyclist was on his correct side. He saw that they were likely to hit the cyclist and looked for the brake, but it was on the other side. When the car struck the cyclist the windshield was broken. The accused did not stop, but stopped later on, when the car stalled, and they removed the cycle from the front of the car. The car was travelling at from 20-25 m.p.h. when it struck the cyclist. The car lights were in good condition and visibility was good. There was no other traffic on the road. Witness suggested to the accused that he should stop after he had gone a little way. Accused said he was going home to get a girl. When the cycle was removed witness suggested again that accused should go back but he would not do so. To a question by the accused witness said accused did not say that the car would not stop. Accused said something at their gate about his not stopping because he did not want to drag witness into it. When the car did stop it was because something jammed. When he did stop there was another car in front and accused told the driver not to get mixed up in this but to drive on. Re-examined the witness said the cycle when removed was under the car and the stalling might have been caused by this. To the Magistrate witness said he did not notice any signs of intoxication about the accused. Before the accident accused was not driving too well. Whenever he was meeting a car he Would switch off his headlights, leaving the little parking lights on on the mudguards.

ADMISSION TO POLICE Constable J. M. Burke said that as a result of information received he Went to Stoke and was shown a large patch of blood about 2 feet in diameter. The blood was on the edge of the bitumen on the left-hand side going towards Richmond. There was no indication of the brakes having been applied. At about midnight Detective McLeod and witness made inquiries at Stoke and Brightwater and at about 3 a.m. called at Mr F. Page’s farm and found accused asleep in a whare. The accused told them that he knew he had knocked g cyclist over but as he had seen another motorist stop he had not stopped hyt intended reporting the matter next morning. The accused took them to his car. The radiator was dented and the left hand front mudguard and the left hand side of the windshield broken. On the way in accused told witness that he had not stopped because he thought he had killed the cyclist, and because he thought it would be said that he was drunk. When given the usual warning accused said he had nothing to say and would lake all coming to him. Detective J. McLeod gave evidence corroborating the previous witness’s. On 15th November accused said he wished to tell the truth about the accident and would make a statement, which was produced. In this he said he was unable to avoid striking the cyclist. When he stopped after the accident to remove the cycle another car came along from the direction of Stoke and stopped. Accused asked the driver if he had seen anything but he said “No.” Accused advised him to drive on and not be pulled into it, and the other driver did so. The detective added that it did not say much for the driver of the other car. Accused pleaded guilty and was committed for sentence at the next sitting of the Supreme Court in Nelson.