MOTORING FATALITY.

New Zealand Herald, Volume LXII, Issue 19141, 6 October 1925, Page 10

MOTORING FATALITY.

DEATH OF NURSE HUNTER. CHARGE OF MANSLAUGHTER. DRIVER COMMITTED FOR TRIAL, [BY TELEGEAPH.—PREBfi ASSOCIATION.] NELSON. Monday. Mr. T. E. Maun sell, S.M., to-day gave his reserved decision in the charge of manslaughter against L. W. Field, in connection with the Waimea Road motoring fatality involving the death of the nurse Miss L. E. Hunter. He said; "I have decided to commit accused for trial. That being so, I think, upon full consideration, that my reasons for doing so, after hearing evidence on both sides, ought not to be set out in full, as they would be presenting a one-sided view of the evidence which might prejudice accused at the trial. I feel it is necessary to explain the committal, however, in view of the fact that all eyewitnesses of the speed at which the accused was travelling, although called for the Crown, gave evidence favourable to accused. They were friends of his, and had that evening spent a jovial time at a bail. Having regard to this fact, cou| led with the fact that their evidence is in conflict with certain circumstantial evidence and accused's own estimate of speed, which is unlikely to be an over estimate, I have grave doubt as to whether they have not been influenced by a not unnatural sympathy for accused to state that the speed was safe and reasonable. I consider it should be left to a jury to say whether their evidence is reliable. "There is the question, moreover, as to whether accused was adopting a safe course in driving along this road at a speed at 90 to 35 miles an hour, as admitted by hi.m, and attempting to pass another car going in the same direction and in a comparatively narrow part, of the road and opposite an electric light pole. This is essentially a question for a jury. There was a conflict of evidence on this question. I do not wish to indicate whether I should, or should not, have convicted accused had I been trying the case. All I decide is that a jury might reasonably convict." Accused, who pleaded not guilty, reserved his defence, and was committed to the next sitting of the Supreme Court for trial. Bail was allowed, himself in £IOO and one surety of £l5O. An open verdict was returned after the formal committal. The magistrate, speaking as coroner, said he did not propose to call any further evidence in connection with the inquest, and in view of the fact that defendant had been committed for trial, he would return an open verdict as follows: —"That deceased died from internal injuries received through a motor-car in which she was riding colliding with an electric light pole, such car being driven by Leonajd William Field."