MOTOR-RACE FATALITY.

New Zealand Herald, Volume LXIV, Issue 19699, 27 July 1927, Page 14

MOTOR-RACE FATALITY.

CHARGE OF NEGLIGENCE.

CAR STRUCK WHILE TURNING.

MARKING OF THE COURSE.

The fatal motor accident at the motorcar race meeting at Ahipara Beach, Kaitaia, on February 17 last, had a sequel in the Supremo Court yesterday, when Victor Ferdinand Eisenhut (Mr. G. P. Finlay and Mr. 11. F. Guy), was arraigned before Mr. Justice Stringer on a chargo of negligently driving a motor-car and causing the death of Mrs. Elizabeth Spender, of Kaitaia. Mr. Paterson, for the Crown, said that during tho progress of a race accused drove a Hudson car on to tho course, colliding with a racing Dort car, occupied by the driver, 11. A. Fitzherbert, and Mrs. Spender, as the Dort was making , a turn. Mrs. Spender was killed almost instantly. William B. Beat tie, Auckland Weekly News staff photographer, on duty at tho raco meeting, explained features of tho course shown in a number of photographs of the meeting. Mr. Finlay, after questioning witness as to the course plan and control: It was a [rough and ready race meeting?— Witness: I would not like to say that. It was on a smaller scale than the Muriwai races. No Definite Starting Times. William Berridge, starter and timekeeper at the race meeting, said the turningpoints were denoted by three flags. Four cars—an Essex, Dort, Chrysler and Bugatti—started in the fifth race. While watching the Dort witness heard the roar of accused's Hudson, which was not competing, and saw it approaching one end of the course at some 50 miles an hour. It struck the racing Dort as the latter was making the turn and came to rest over the centre one of tho three Two bottles lay by the wreckage of the Hudson. Mr. Finlay: The Hudson was there that day for racing?— Witness: Yes. No definite starting-times were fixed ? No. His Honor caused laughter by remark' ing that times were not of such moment here as where a totalisator was conducted. Mr. Finlay: The Dort and all other competing cars, except, the Bugatti, were in ordinary touring trim ?—Yes. "Limits of Course Obvious." In reply to His Honor, witness said the grouping of spectators and flags made the limits of the course obvious to anyone half a mile away. Further questioned by counsel, witness said the Hudson had been entered for some of the races, but ample warning was given competitors of the time of starting after each handicap adjustment. "Tuning up" was not done on the course proper. Herbert Affington Fitzherbert, driver of the Dort, said he attained over 60 miles in the straight, and turned at about 30 miles an hour. Mr. Finlay: Your car was in touring trim and you were the only competitor with a lady passenger?— Yes. Dr. ; Rix, of Kaitaia, who attended the injured, said there was no evidence that any of them had taken drink. The hearing was adjourned until this morning.