NEGLIGENT DRIVING.

New Zealand Herald, Volume LXVI, Issue 20255, 15 May 1929, Page 15

NEGLIGENT DRIVING.

MOTORIST FOUND GUILTY.

;death of a young girl. JURY RECOMMENDS MERCY. - V JUDGE DEFERS SENTENCE. A verdict of guilty was returned ugainsfc Francis Clarence Beresford Power, apprentice jeweller, aged 13 (Mr. Leary) by a jury in the Supreme Court yesterday after a lengthy trial on a charge of negligently driving a motor-car in Lucerne Road, Remuera, and causing the death of Diana Victoria Menzics. Deceased ■was the four-year-old daughter of Mr. and Mrs. A. G. Menzies.

The hearing of evidence occupied tho whole of Monday. Tho circumstances of the fatality as detailed by eye-witnesses snd others who were seen on tho scone were that Power was driving a fivc-seater car down Lucerne Road on April 19. Deceased was crossing the road when sho was knocked down by the car and killed. Power, who had a young woman with him, -did not stop, but returned to the scene some time later and then made inquiries afc the house of the small girl's parents. The Motoring Death Rate. Addressing tho "jury yesterday morning, Mr. Leary denied that the death-rate arising from motor accidents was increasing to an alarming extent as stated by the Crown Prosecutor, Mr. Meredith, the previous day. When the great increase in tho number of cars on the road was considered it had to bo admitted conditions were not us bad as had been made cut. The death-rate was astonishingly low considering all tho circumstances. " This case has not been fought out on its merits by the Crown," Mr. Leary said. The evidence had been handled in a somewhat adroit fashion, and a herring had been drawn across tho legal track in the form of the woman witness who was with Power in the car. Tho Crown had called this young woman with the idea of discrediting her evidence, which, however, was immaterial to tho case. The prosecution had also sought to prove that there was no hawker's cart near the scene of the accident when the child was knocked down as contended by tho defence. Certain witnesses had certainly stated they did not see the cart, but counsel said people as a rule only saw what interested them and it was not proved that the cart was not on the road. Speed of the Car. Referring to the speed of the car, Mr. Leary said 30 miles an hour—the speed estimated by witnesses—would bo excessive in a busy thoroughfare. It couid not be regarded as too fast on a suburban road comparatively clear of traffic. The facts placed before the Court indicated that the child had run across the road careless of danger from vehicles. Summing up, Mr. Justice Herdman said the jury could entirely disregard all evidence concerning the presence of a hawker's cart on the road. It was significant that blood was found 6ft. from the right-hand kerb, which indicated that Power was on his wrong side of the road. The accident was one of those unfortunate mishaps now occurring almost daily and the jury had to decide on the facts in a dispassionate manner. The jury retired at 11.35 a.m. and returned at 3.20 p.m. with a verdict of guilty of negligence. The judge stated the jury had not decided whether accused had been found guilty of negligence causing death and instructed further consideration. After a further short retirement the jury found accused guilty of negligence causing death. A strong recommendation to mercy was made on account of accused's youth. Power was remanded until this morning for sentence.