MOTORING FATALITY.

New Zealand Herald, Volume LXIV, Issue 19558, 10 February 1927, Page 13

MOTORING FATALITY.

MARRIED WOMAN'S DEATH. DRIVER OF CAR ACQUITTED"HIGHLY DANGEROUS CORNER." [BY TELEGRAPH. —OWN CORRESPONDENT. ] CHEISTCHURCH, Wednesday. Before Mr. Justice Adams, at the Supreme Court to-day, James Ludeman Matthews pleaded not guilty to a charge of negligently driving a motor-car and thereby causing the death of Ivy Louisa Boon. The prosecution was conducted by Mr. A. T. Donnelly, Crown Prosecutor,' and Mr. C. S. Thomas appeared for the accused.

Mr. Donnelly said Mr. Thomas had suggested that it was desirable that the jury should see the site of the accident, which was on the way to New Brighton. The corner was an unusual one, and he thought the jury might see the place before the evidence was taken.

The Judge considered that in the circumstances the jury should see the scene of the a;cident. When the Court resumed Mr. Donnelly, in outlining the case, said that on the night of the accident a man named Boon and his wife were driving from New Brighton in a delivery van. Other members of the party were following in another van. Accused drove toward the coi-ner at which the accident occurred at a high rate of speed and his car struck the van. The van was damaged, the passengers were thrown out, and Mrs. Boon lost her life. The corner was a bad o*ie, and the evidence was that accused was travelling so fast that he failed to take the corner properly. The pace at which he was driving, it was submitted, was altogether unsafe, and accused was unable to handle the car with safety. Several witnesses gave evidence estimating the speed of Matthews' car at between 40 and 50 miles an hour. It was stated that accused swung across to his wrong side at the intersection and crashed into the van Accused in evidence stated that ho was travelling at 30 miles an hour, but slowed down approaching the corner. His car struck the van behind the driver's seat. He thought Boon was on the wrong side.

Mr. Thomas submitted that the estimate of Matthews' speed by witnesses who based their calculations on the approaching ligiits was ridiculous.

Mr. Donnelly said there was no suggestion that drink was the cause of tho accident.

Tho Judge said the question was whether the jury accepted tho evidence that accused was travelling at 40 to 50 miles an hour. They must bo satisfied that the death of Mrs. Boon was caused by tho negligence of accused. After aii hour's retirement tho jury returned a vordict of not guilty. The foreman added that the jury considered the corner highly dangerous, and suggested that something shpuld be done to rectify it immediately. The Judge said the recommendations would be attended to.

JURY FAILS TO AGUEE. ELDERLY DRIVER IN COURT. [BY TELEGP.APH. —PRESS ASSOCIATION.] PALMEBSTON NORTH. Wednesday. The jury failed to agree in the case of John Drummond, charged with negligently driving a car on the Woodville-Pahiatua Road on November 13, so as to cause the death of a youth, George Vinton. A new trial was ordered and will tdlce place in May. Drummond, who was admitted to bail, is 73 years of age and a well-known resident of Dannevirke. The facts of the case, which were not disputed, afe that Vinton was knocked down by a car driven by Drummond and received injuries from which he died. The road at the scene of the accident is straight, with a clear view for about a mile, and the mishap occurred in broad daylight. Drummond, in the lower Court, stated he was unable to account for his not seeing the boy. The car was travelling with the side-cui'tairis up, and it was suggested by counsel for the defence that the deceased had temporarily left the road for some reason, unfortunately to rejoin it as the car passed. No evidence was called for the defence.