GUILTY OF NEGLIGENCE

New Zealand Herald, Volume LXIII, Issue 19394, 31 July 1926, Page 10

GUILTY OF NEGLIGENCE

DISTRESSING MOTOR ACCIDENT. DRIVING AT HIGH SPEED. NO MEMORY OF OCCURRENCE. JURY RECOMMENDS MERCY. Pleading not guilty to the 'charge of negligently driving a motor-car in Anzac Avenue 011 March 25, thereby causing the death of Frank Wilson, Alfred James Dickinson (Mr. Gatenby) yesterday morning entered the dock in the Supreme Court, beginning a trial that lasted until the evening. Accused was visibly suffering from the effects of a breakdown that followed the collision. He trembled violently throughout the proceedings, and his condition led Mr. Justice Herdinan and the Crown Solicitor, Mr. R. Meredith, to state that the jtiry should not burd'eri its deliberations with the distressing consequences of the fatality, which both undertook would bo taken into consideration at the proper stage, but should confine its attention to the facts of the collision. Retiring at 6.10 p.m., the jury returned at 8.20 with a verdict of guilty, with a strong recommendation to mercy. Mr. Meredith said all the witnesses would testify to the high speed of Dickinson's car at the time of the accident. The scene was at an easy bend 011 a good concrete road and, as traffic was always to bo expected round the bend, especially . at that hour of the day, great care should be expected of a motorist. The Crown alleged the fatality was due'to the excessive speed of Dickinson's car. Duty of the Jury. Mr. Meredith said that in view of the accidents the juries had to consider the cases with extreme care. It was not the. duty of the jury to punish accused, for the prevalance of the accidents, but if they found he was t-o blame, it was their duty to bring in a verdict so that there could be some cheek on careless motorists. Hector Byron Sinclair, a passenger in a motor-bus that was passing at the time, said accused's car was passing at a speed of 40 .miles an hour. He did not see the accident, but recognised the make of the car as it passed. Mr. Gatenby: And yet it was going at 40 miles an hour ?—Witness: Yes. Norman Russell Thomas, solicitor, another passenger in the bus, said the car skidded for a good distance. "It is not in the slightest degree possible that he skidded into the .tram," he said in reply to Mr. Gatenby. Accused could have avoided hitting the car by going in a direct course. The whole cause of the accident, in his opinion, was that accused took the correct course to get on his right side, but that a tram came along at the moment. To some extent it might have been due to the fact that the driver did not have a thorough acquaintance with his brakes. Oscar Hugh Jones, a commercial traveller, said he had played bowls with Wilson and accused, and returned with sev\eral others in accused's car. He estimated the speed in Anzac Avenue at 25 miles an hour. Until the car skidded and the brakes were applied he felt no cause for alarm. "It was quite :a sober party," Witness added. • ■*-'. ~ Dr. Frederick Webster described the injuries reCeited by deceased and accused. Accused was not in. his normal mental state for several days after he was admitted to the hospital. He would probably remember events up until five minutes before the 'accident, but not the accident itself. ■ Estimates of the Speed. Albert E. Payne, tramway motorman, said the impact of the collision was fairly severe. He estimated the- speed of accused's car at 30 miles an hour. Charles Thomas Stuart, tramway conductor, estimated the speed at about 35 miles an hour. Charles McPhail, railway locomotive driver, who was a passenger in the tramcar, said he had estimated the speed of Dickinson's car just before the accident at from 30 to 35 miles. Measurements taken after the accident were detailed by Constable Birch. The skid mark was il3ft. in length. Constable Hook, police motor-driver, said he examined the wrecked car and found no unusual mechanical defects. Gordon Peter Robertson, ,garage manager for John Burns, Ltd.,' denied that there was any defect in the car accused was driving. It was one practically similar to his own and was lent to him while his own was being repaired. Accused had used it 6nce previously himself. The accelerator rod "was "in perfect order. Constable Edward Wall, who was on point duty near the scene of the accident, said the car was travelling at a veryfast rate. It could not have got round the corner _in the ordinary way at the pace at which it was traveling. Accused then gave evidence. He said deceased asked him to run him into the city. No stipulation was made about the speed. He considered he was driving in a reasonable and safe manner. In reply to Mr. Meredith accused said he made a practice of travelling at not more than from 15 to 20 miles an hour in the city.- He had no memory of the actual accident. Leonard Jackson, of Hamilton, a passenger in accused's car, said he had made no complaint of the speed. If -the speed had been high he would certainly have made a- complaint,. Judge's Summing Up. ■ His Honor, in summing up, alluded to the evidence of the passengers in the car, directing attention to the fact that two. including accused, had 110 recollection of the events. One called by the Crown had said the speed was reasonable. The evidence of persons wbo saw the accident showed the speed was high, and more convincing than the oral testimony were the measurements of the skid given by (he constable who had used the tape at the scene of the accident. His Honor said the seriousness of offences under the Act was one of degree. Everyone had a right to the road, and a duty was cast on the driver of a motor-car by reason of its potentialities for danger to exercise caution. If a man were drunk in charge of a car the offence would be particularly grave. There was no suggestion that accused was drunk. He had suffered bv the accident, but that consideration, like the punishment, was one for the Judge. The jury began its deliberations after the tea adjournment, and in returning its verdict of guilty added the following rider:—"The jury wishes to add a strong recommendation to mercy, taking into consideration tin*. mental and bodily suffering the accused has gouo through and is now going through." His Honor: It will have my most earnest consideration. It is a most proper verdict. Prisoner was remanded for sentence until Monday. In view of his weak condition and the fact that he is under medical treatment, he was allowed bail in his own recognisance of £IOO.