STRUCK BY MOTOR-CAR.

New Zealand Herald, Volume LXVI, Issue 20332, 13 August 1929, Page 12

STRUCK BY MOTOR-CAR.

MOUNT ALBERT FATALITY.

DRIVER SENT FOR TRIAL.

car lig: :ts and brakes

STATEMENT TO THE POLiCE.

Arising out of the death of Henry Hashed, aged 73, in tho Auckland Hospital on tho morning of July 21, Frederick Ernest Yogwill, dairyman, residing at .Mount Albert, was charged in the Police Court yesterday with negligently driving a motor-car causing the death of llaskett. The accident occurred in Mount Albert lioad, at tho intersection of Allendale Road, on the evening of July 20. An inquest into the death of llaskett, who resided with his wife at 46, Pollen Street, Grey Lynn, was held simultaneously. Detective-Sergeant Kelly appeared for '.he police, accused was represented by Mr. J. K. Johnston, and Mr. Elliott represented the relatives of deceased at tho inquest proceedings. George Arthui Ross, schoolboy, living at 44, Allendale Road, Mount Albert, said that be was walking with another boy near the Presbyterian Church in Mount Albert Road, about 8 p.m. He saw a motor car pass, travelling in the opposite direction. It was on its correct sido of the road, and was going in the direction of Mount Roskill at a speed which witness estimated at over 30 miles an hour. It had been raining, but was not raining when the car passed. The road was wet. Just after the car passed witness and his companion heard a thud and on turning round saw tho car pulling up. Question of Lights.

"When the car passed mo 1 saw no lights but I would riot definitely state that they were not burning," continued Ross. "We went back to whore the car was standing and wo saw an old man in a sitting posture on the grass, being held up by another man. He appeared to be badly knocked about. The motor-car backed to whero the injured man was sitting and I did not see any lights on it. When I arrived at the car 1 saw accused removing cans from the back of the car. There was a street light near, but not on the corner of Allendale Road and Mount Albert Road, and I think that a man could be seen by the driver of a

car." Witness added that accused was quite sober after the accident.

In reply to Mr. Johnston witness said that the light was easily good enough for a man to see the car coming. Ho could not say exactly where tho man was when he was struck, but on his return ho noticed that there was a pool of blood in the middle of the concreto jjortion of the road. .The road was on a slight grade, rising gradually. Replying to Mr. Elliott, witness said that the pool of blood was in the middle of the road opposite where the old man was sitting. The old man did not say anything. Distance to Pull Up.

In reply to Mr. Kelly, witness said that ho estimated the distance in which the car pulled up at 30yds., the distance from where tho old man was sitting to where tho car pulled up at the kerb. The driver then jumped out and ran to the old man, returning later to the vehicle and backing it down the slope. Corroborative evidence was given by tho schoolboy who was with the previous witness. He estimated the speed of the car at over 30 milos an hour. When he first saw tho car ho thought that there were no lights on it, and when ho went up to it after the accident he saw no lights on it then. Dr. A. L. Noakes said that deceased was admitted to tho Auckland Hospital suffering from shock and loss of blood from a lacerated wound in the neck. Ho was unconscious and died at an early hour in tho morning. Death was duo to shock and loss of blood. Witness could not say if tho car had passed over doceased, but ho thought that it passed over his ankle, which was fractured. Victor Stephen Crocombe, foreman in a city garage, said that he had examined accused's car at the request of tho police. He found that tho car was not in a condition to start up. When he sat in the car and applied both the. hand and foot brakes two members of the detective force pushed tho car along without any effoit. The reverse pedal of tho car could 1)0 ( used as a brake by an experienced driver, and would bo effective in bringing the car to a stop. Tho battery of the car was nearly flat, but had enough power to blow the horn.and show a light if the circuit was in order. • The wiring had several bad points in it, whero it had been ineffectively mended by amateurs, while it was in such a condition that a bump on tho road might cause tho lights to go out. " The car, generally speaking, was in a very bad condition, and in my opinion with the brakes as they were was not fit to be driven on tho road," concluded witness.

In reply to Mr. Elliott, witness said that when he tested the car the lights would not burn, and there was not enough current to work tho horn. He

would not definitely say that the lights wero not going at tho time of the accident, as it was possible that they could bo.

In a statement produced by Detective McWhirter, accused said that when he was travelling along Mount Albert Road toward Allendale Road ho was driving at a speed which he estimated at 15 miles an hour. Ho did not sound the horn when he neared the intersection. The windscreen of tho car was damp arid blurred, and ho kept looking out of the side of the ear, over the right-hand door Just as he was passing the crossing he saw a man on the road light alongside tho car, and lie immediately swerved toward tho centre of (ho road.

Accused said ho thought that ho had just missed hitting tho man, but he hoard a hump, which ho also felt. Leaving his car by (he first post up the main road from Allendale Road, accused returned to where ho saw a man lying on tho road. The man was then bleeding freely from the neck, and was unconscious. Accused said he heard someone say then that the car's lights were out, and on investigation he discovered that they were not burning. They had been ajight when ho left home, but had been dull for a week or more. They were quito good on a dark road, but not so gOod on a fairly well-lighted road. The corner where the accident occurred was fairly well lighted by street lamps.

" For about a month or six weeks the hand brake on my car has not been of any use—it would not hold the car or stop it," concluded the statement. " Tho foot brake wanted tightening, and had been in that condition for about two weeks, but it was quito strong enough to stop the car when applied." Two other witnesses who wore on tho sceno immediately after the accident stated that tho distance from whore tho man was lying to whero the car was standing was measured at 14 paces. Deceased was lying about Bft. toward th« middle of the road from tho water-table. At tho conclusion of tho evidence, a plea of not guilty was entered by Mr. Johnston, and accused was committed to the Supreme Court for trial. Bail of £SO was allowpd. As coroner, Mr. F. K. Hunt, S.M., returned a verdict that death was due to shock and other injuries received as the result of being struck by a motor-car driven by Vogwill.