MAORI'S FATAL INJURY.

New Zealand Herald, Volume LXVI, Issue 20252, 11 May 1929, Page 13

MAORI'S FATAL INJURY.

CHRISTMAS DAY ACCIDENT^ SITTING ON CAR MUDGUARD. DRIVER STANDS HIS TRIAL. " The legal duty of motorists is defined by law, but in effect juries by thendecisions lay down the standard of caro to be exercised by any reasonablo driver," said Mr. Hubble, assistant-Crown Prosecutor, in the Supreme Court yesterday when John Elliott, farm labourer, aged 28 (Mr. Goldstine and Mr. Wilson), was tried on at charge of negligent driving, thereby causing the death of a Maori passenger, Piri Rangi. Mr, Justice Kennedy presided. Mr. Hubble said that the accident occurred last Christmas Day. Accused was driving a largo party from Wiri to Tamaki in a seven-seater motor-car, and although ttere was some dispute concerning the number in the vehicle it seemed to be generally agreed that there were 10 adults and ono child. Piri Eangi and another Maori were sitting on tho front mudguards with their backs to the bonnet It was not suggested that anyone in the patty was under the influence of liquor, the Crown basing its case upon allegations of excessive speed on the part of accused, who was drivirg. The car had gone some distanco when it skidded on turning a corner. Tho two men on the mudguards wero thrown off violently. Piri Eangi sustained a fracture of the skull and died in tho hospital on January 11. The other man on the outside was also injured. By their decisions in such cases, juries set a general standard to be observed by the community, Mr. Hubble added. All that the jury was asked, to decide was whether in the circumstances accused had been guilty of negligence. The law made it a criminal offence !or a person driving a motor vehiclo to cause injury or death to another through negligence. Ifc icmained for juries to determine what negligence was, and to give as their opinion what any reasonablo man should do in any particular set of circumstances. On the other hand it lay with tho jury to say what a reasonable man should not do. In the present case it had to be determined whether accused drove too fast, having regard to the circumstances. Should he have exercised more care with two men on the mudguards ? Hori Kakaratu, labourer, who was sitting on the mudguard opposite Eangi, expressed the opinion that tho car Mas travelling at an " extraordinary speed." He could not stato the exact speed. The persons in the car had all been to a Christmas paity at Wiri, and left for Tamaki about seven o'clock in tho evening. After the car had gone some distance it ran off tho concrete at a bend, striking some scoria. Both he and Eangi were thrown heavily.

Evidence was given by most of tho passengers in the car. Several of them said that the car was going very fast, or too fast for safety. One estimated the speed at 50 miles an hour. Estimates of the distance which the car travelled after the accident varied from two or three chains to 100 yds. Constable G. J. Malonev, of Papaloetoe, said he found four bottles of oat-malt stout .in the car after tho accident, but nobody would own them. Desmond Carl Gillard, one of the European passengers in the car, estimated the speed at 25 miles an hour. Constable F. Pollard said that accused had told him the Maoris were all-drunk. Accused, in evidence, said that he told the two Maoris to get off tho runningboard and tried to remove them, but they would not go. Ho pulled the car up in 18ft. or 19ft. The accident was through the spring of the car breaking. In cross-examination, accused admitted that the explanation of the accident was not as he had indicated to the constable, namely, that the Maoris were so drunk that they fell off. He was somewhat afraid of the Maoris.

The hearing of the case will be contin ued (.his morning.