CHARGE AGAINST MOTORIST

New Zealand Herald, Volume LXI, Issue 18641, 23 February 1924, Page 11

CHARGE AGAINST MOTORIST

LEVEL CROSSING INCIDENT. MORE EVIDENCE NEEDED. [BY TEJ.EGBAPH.—owy cotihksfon-dent. ] HAMILTON. Friday. " But for the fact that the enginedriver applied the Westinghouse brakes with great promptitude, there would not have been a Court case, but an inquest," remarked the Crown Solicitor, Mr. H. T. Gillies, at the Hamilton Court to-day, when" prosecuting John Prendergast (Mr. Johnson), farmer, oi Ngaruawahia, on a charge of failing to slop his car when approaching a railway crossing. Mr. Giiiies stated that the second express from Auckland on January 23 nearly collided with a Ford car driven by Prendergast, at the Ngaruawahia crossing. The engine-driver had sounded a long whistle just before reaching the crossing, but it was either not heard by Prendergast or ignored by him, for he drove over the lines about three yards in front of the oncomng train. Mr. Johnson said that Prendergast had been to the pictures that evening, and had just started his car from the hall, closely adjoining the railway line. He heard the train whistle some distance away, but thought nothing of it. His j car was in low gear, and he was not travelling" at a speed of more than six miles an hour. He had no idea of his having had a narrow escape. Another car passed defendant » short time after crossing the railway line, and it was suggested that the men on the train bad kept their eye on the wrong machine. The magistrate intimated that the colour of the car's rear light came largely into the question, and requested the recall of the engine-driver and firemen. They however, had left the Court, and the case was adjourned for a fortnight, s